The Immigration Words You Should Use Correctly Before You Argue

Two men argue for an hour over whether a hot dog is a sandwich. At the end, one says it is and the other says it is not, and they discover they never agreed on what a sandwich is. That is a funny way to waste an afternoon. It is a tragic way to run a country, and it is what we do every time someone says "immigrant" and means a green-card holder while the person across the table hears "anyone who isn't a citizen."

Half of every immigration argument is a vocabulary dispute in disguise. The side that uses the words correctly is not only more accurate. It is more persuasive, because it cannot be ambushed by the first person who knows the difference. So before you step into the next fight, run this checklist. It is grouped by topic, and each item comes with the reason the distinction matters. I have kept it plain and exact, and where the law supplies a definition, I have said where.

A word on tone. Nothing here is about being polite for politeness's sake, though polite is good. It is about being right, and being heard.

Group 1: Who counts as who

Alien. This is the statutory term. Section 101(a)(3) of the Immigration and Nationality Act, at 8 U.S.C. 1101(a)(3), defines an alien as any person who is not a citizen or national of the United States. Why it matters: when you read a statute or a court opinion, "alien" is the word, and you should know what it covers. It is broader than "illegal." A lawful permanent resident is an alien under the statute. So is a tourist. Many people find the word harsh in conversation, and some agencies have moved to "noncitizen" in their own guidance, but the statute still says alien. Know the legal meaning, and choose your words for your audience.

Citizen or national. The definition of alien says "citizen or national," and the second word is there for a reason. Under INA section 101(a)(21), a national is a person who owes permanent allegiance to the United States, which includes every citizen and also certain people who are not citizens, such as those born in American Samoa. Why it matters: a person can be a national and not a citizen, and the statute is careful about that.

Immigrant versus nonimmigrant. This is the one people get backwards. Under INA section 101(a)(15), the term "immigrant" is defined by exclusion: it means every alien except those who fall within a list of nonimmigrant classes. Nonimmigrants are people admitted for a temporary purpose: tourists, business visitors, students, temporary workers such as those on H-1B, H-2A and H-2B visas, which I explained in H-1B, H-2A and H-2B, What Each Work Visa Does and Who Can Use It. Why it matters: when someone says "immigrants should not be able to work here," ask whether they mean people who came to settle or people who came on a temporary visa. They are different people under different rules.

Lawful permanent resident (LPR). Also called a green-card holder, after the card's old color. The statute, at INA 101(a)(20), describes it as the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant. The card is Form I-551. Why it matters: an LPR can live and work here indefinitely, but is not a citizen, cannot vote in federal elections (it is a federal crime for a noncitizen to vote in them, under 18 U.S.C. 611, enacted in 1996), and can lose the status through certain crimes or other grounds. If you mean "a person who came legally and can stay," say LPR.

Naturalized citizen. A person born abroad who became a citizen by going through the naturalization process. In general that means being an LPR for five years (three if married to and living with a citizen), showing good moral character, passing English and civics tests, filing Form N-400 and taking the oath. The steps are laid out in Becoming an American Citizen Step by Step, From Green Card to Oath. Why it matters: a naturalized citizen has the same rights as a native-born one in nearly every respect, and talking about "immigrants" as if the word included naturalized citizens is how a conversation insults a neighbor by accident.

Group 2: How someone ends up here unlawfully

Unlawful entry (entry without inspection). A person who crosses the border outside a port of entry, avoiding the inspection process the law requires. Under 8 U.S.C. 1325, improper entry is a federal misdemeanor for a first offense, with a higher penalty for repeat offenses. Why it matters: this is the thing most people picture when they say "illegal immigrant," and it is a crime, which makes it different from the next item. For the full legal picture, see Is Crossing the Border Illegally a Crime? Eleven Answers From the U.S. Code.

Visa overstay. A person who was admitted lawfully, with a visa or under the Visa Waiver Program, and stayed beyond the authorized period. An overstay is a civil violation of immigration law, not a crime. Why it matters: a person who overstayed is just as removable as a person who crossed unlawfully, but the legal path, the penalties and the enforcement tools are different. The overstay story, including the exit tracking Congress ordered in 1996, is in The Visa Overstay Problem and the Exit Tracking Congress Ordered in 1996. Any argument that treats all unlawful presence as "crossing the river" has left out a whole category.

Unlawful presence. This one is a term of art. INA section 212(a)(9)(B) uses it to describe the time a person spends in the country without authorization, and it triggers the three-year and ten-year bars on return after 180 days and a year respectively. Why it matters: it is a counting rule in the statute, not a general description. When you hear "unlawful presence," think of the clock that starts running and what happens when it reaches certain numbers.

Illegal, undocumented, unauthorized. Three words, three problems. "Illegal alien" and "illegal immigrant" are common in everyday speech and in some laws, but they describe a person with a word that, in the law, describes an act: a person is not illegal, the entry or the presence is. "Undocumented" suggests the problem is missing paper, and it can describe a person who holds some documents but not valid status. "Unauthorized" or "unlawfully present" is the most neutral and precise. Why it matters: you are entitled to your word, but know that the choice is heard as a statement of attitude, and that being precise lets the argument stay on the law. If you want a rule of thumb, "unlawfully present" is accurate and starts fewer fights.

Group 3: Leaving the country

Removal versus deportation. Before 1997, the law had two separate proceedings: exclusion, for people stopped at the border, and deportation, for people already inside. The 1996 immigration law merged them into a single proceeding called removal, effective April 1, 1997. Why it matters: today the legal term is "removal," and the old word "deportation" survives in common speech and in the names of some agencies and grounds. Within removal proceedings, a person who has not been admitted is charged as "inadmissible" and a person who has been admitted is charged as "deportable." The full process is in Inside a Removal Case From Notice to Appear to the Plane Ride.

Expedited removal. A faster process created by the 1996 law that allows certain people encountered at or near the border to be removed without a full hearing, unless they claim fear of return. Why it matters: it is the reason some removals happen in days and others take years, and it is why a claim of fear triggers a different process. Know that it exists before you say "they all get a hearing" or "nobody gets a hearing."

Voluntary departure. An arrangement in which a person agrees to leave on his own, usually avoiding some of the consequences of a formal removal order. Why it matters: it is not the same as being removed, and the penalties differ.

Group 4: Protection from persecution

Refugee. Defined in INA section 101(a)(42): a person outside his country of nationality who is unable or unwilling to return because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion. Refugees are normally processed and approved abroad, before they come to the United States, through the refugee program that Congress set up in the Refugee Act of 1980. The definition follows the 1951 Refugee Convention and its 1967 Protocol, to which the United States acceded in 1968. Why it matters: a refugee is selected overseas by a process that includes screening. That differs sharply from someone who arrives and then asks for protection.

Asylum seeker. A person who is in the United States or at its border and asks for protection under INA section 208. An asylum seeker must meet the same persecution definition as a refugee. Generally an application must be filed within one year of arrival, subject to exceptions. Why it matters: an asylum seeker has applied but has not yet been granted anything. Calling him a refugee or an illegal immigrant gets the status wrong in either direction. A person who is granted asylum is called an asylee.

Parole and TPS. Parole is a limited authority to allow someone into the country temporarily for urgent humanitarian reasons or significant public benefit. Temporary Protected Status is a designation for nationals of countries facing conflict or disaster. Why it matters: neither is permanent residence, and neither is an unlawful status in the usual sense while it is in force. The differences are laid out in Asylum, Refugee, Parole and TPS, Four Statuses People Mix Up. The policy argument over whether asylum has become a waiting game is in Asylum Was Built for Persecution, So Why Does Waiting Count as Winning?.

Group 5: The political words with no legal definition

Amnesty. There is no statutory definition of the word. It is used for legalization programs that give lawful status to people who entered or stayed unlawfully. The 1986 law, with its legalization for those who had been here continuously since before January 1, 1982, is the example people mean, and the story is in Reagan Signed the 1986 Amnesty and Got Only Half of the Bargain. Why it matters: supporters of various plans call them "earned legalization" or a "path to citizenship," and opponents call them amnesty. Whatever word you use, say what you mean in the same sentence, for example "legal status for people who entered unlawfully, without a penalty beyond a fine." Then the listener knows what you are for or against.

Sanctuary. There is no federal legal definition of "sanctuary city." The word is used for a range of local policies, from a refusal to honor certain federal detainer requests to a ban on asking about immigration status. Federal law at 8 U.S.C. 1373 says that governments may not prohibit their officials from sharing information about a person's immigration status with federal authorities. Why it matters: asking "is that city a sanctuary?" is not a question with a yes or no answer. Ask what the policy says, and compare it with the statute. The constitutional side of the argument is in The Tenth Amendment Defense of Sanctuary Cities, and Where It Runs Out.

Group 6: Words that sound like law but mean something narrower

Aggravated felony. A defined term in INA section 101(a)(43). It lists categories of offenses that carry severe immigration consequences. The term is a term of art, which means some offenses on the list are neither "aggravated" in the ordinary sense nor felonies under state law. Why it matters: if you say "convicted of an aggravated felony," you are describing the statute's list, not necessarily the seriousness of the underlying act. Be precise when you cite it, and check the list before you describe it.

Criminal alien. A shorthand used by agencies, not a statutory classification. It covers people with a range of convictions, from the very serious to the minor. Why it matters: if you want to talk about serious violent offenders, say that. If you want to talk about anyone with any conviction, say that. The shorthand lets both sides imagine different groups.

Birthright citizenship. The rule that a person born in the United States and subject to its jurisdiction is a citizen at birth. The wording is in the Fourteenth Amendment and repeated in 8 U.S.C. 1401. Why it matters: the key phrase is "subject to the jurisdiction thereof," and the history behind it is in What the 39th Congress Meant by Subject to the Jurisdiction Thereof. Do not use slang for this subject, because a slur instead of an argument costs you the listener.

How to use the checklist

Before the next argument, run through four questions:

1. Which category am I talking about? A visitor, a student, a permanent resident, an asylum seeker, someone who entered unlawfully, or someone who overstayed.
2. Is this a legal term or an everyday word? If it is a legal term, do I know the definition?
3. Is this a crime or a civil violation? Entry without inspection and reentry after removal are criminal. Overstaying is civil.
4. Would the person across the table recognize my description of himself or his neighbors? If not, find a more exact word.

The practice is worth it. It will make you harder to rattle and easier to hear. For help turning vocabulary into an actual conversation, see How to Talk About Immigration at the Table Without Losing the Room.

The bottom line

• Use the statute's words where you can: alien (INA 101(a)(3)), immigrant and nonimmigrant (101(a)(15)), lawful permanent resident (101(a)(20)), refugee (101(a)(42)). It makes you harder to correct.
• Keep the unlawful categories apart. Entry without inspection is a crime under 8 U.S.C. 1325. A visa overstay is a civil violation.
• Since 1997 the legal term is removal, not deportation. Asylum seekers, refugees, parolees and TPS holders are four different statuses.
• Amnesty and sanctuary have no legal definition, so say what you mean each time you use them.
• Precision is persuasion. Check the definition before you argue, and let the other person see that you did.