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Undocumented Immigrants

Various terms can be used to describe the more than 10 million undocumented people living in the United States. There is a huge difference in nomenclature for immigrants : "illegal" conjures criminality and demonizes a person, and "undocumented" suggests some kind of error, like, "I forgot my wallet in Mexico". Under current US immigration law, being an undocumented immigrant is not always crime, it may be a civil violation. An estimated 40 percent of all undocumented people living in the US are visa overstayers, meaning they did not illegally cross the US border, which would have been a criminal act. Many enter the country illegally, but a large number of this group initially had valid visas, but did not return to their native countries when their visas expired. Some former students fall into the latter category.

DHS Secretary Janet Napolitano said during a CNN interview on 19 April 2009 that ".... when we find illegal workers, yes, appropriate action, some of which is criminal, most of that is civil, because crossing the border is not a crime per se. It is civil." Secretary Napolitano was imprecise in her formulation. A civil offense is an infraction of a law that is not a crime. This may be something like a routine traffic offense such as speeding. The only penalty for a civil offense is a fine. A crime is a violation of the law that is punishable by a fine or a jail sentence. A misdemeanor is punishable by up to 12 months in jail. Felonies are punishable by one or more years in prison.

The phrase illegal alien or the word alien is used to refer to citizens of a foreign country who have come to the US with no documents to show that they are legally entitled to visit, work or live in the US. Alternative terms are "undocumented worker," or "undocumented immigrant." Illegal immigrant is a term used to describe the immigration status of people who do not have the federal documentation to show they are legally entitled to work, visit or live here. People who are undocumented according to federal authorities do not have the proper visas to be in the United States legally.

Alien is a word used by the U.S. government to describe a foreign-born person who is not a citizen by naturalization or parentage. People who enter the United States legally are called resident aliens and they carry alien registration cards also known as "green cards," because they used to be green. While Webster's first definition of the term "alien" is in accordance with the government's interpretation, the dictionary also includes other, darker, meanings for the word, such as "a non-terrestrial being," "strange," "not belonging to one," "adverse," "hostile."

US Citizenship and Immigration Services (USCIS) is the government agency that oversees lawful immigration to the United States. A permanent resident is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a "green card." Being a permanent resident is a "privilege" and not a "right." The US government can take away permanent resident status under certain conditions.

A citizen of a foreign country who seeks to enter the United States (US) generally must first obtain a US visa, which is placed in the traveler's passport, a travel document issued by the traveler's country of citizenship. A US visa allows the bearer to apply for entry to the US in a certain classification, for a specific purpose. For example, student (F), visitor (B), temporary worker (H). Temporary Worker is a foreign worker who will work in the US for a limited period of time. Some visas classes for temporary workers are H, L, O, P, Q and R. Every visa is issued for a particular purpose and for a specific class of visitor. Under US law the Department of State has responsibility for issuing visas. Citizens and permanent residents of Mexico generally must have a nonimmigrant visa or Border Crossing Card (also known as a "Laser Visa"). For ease of travel, the B1/B2 and the Border Crossing Card have been combined into one biometric and machine readable document.

The Expiration Date for the visa should not be confused with the authorized length of stay in the US, given to by the US immigration inspector at port-of-entry. Overstaying the end date of an authorized stay, as provided by the Department of Homeland Security's US immigration officer at port of entry, or United States Citizenship and Immigration Services (USCIS), generally will automatically void or cancel the visa. Staying beyond the period of time authorized, by the Department of Homeland Security, and out-of-status in the US, is a violation of US immigration laws, and may result in becoming ineligible for a visa in the future for return travel to the US. Failure to maintain status can result in arrest, and violators may be required to leave the US.

The Office of Detention and Removal (DRO), a division of Immigration and Customs Enforcement (ICE), is the primary enforcement arm within ICE for the identification, apprehension and removal of illegal aliens from the United States. Generally, the Immigration and Nationality Act (INA) grants aliens the right to a removal proceeding before an immigration judge to decide both inadmissibility and deportability. Aliens can be removed for reasons of health, criminal status, economic well-being, national security risks and other reasons of public concern that are specifically defined in the Act. Detainees in ICE custody who do not pose a threat to public safety and national security may be eligible to obtain release on bond while they await their removal proceedings. The aliens (non-citizens) who are apprehended and not released from custody are placed in detention facilities.

Under federal law, employers are required to utilize lawful resident verification information under the Immigration Reform and Control Act of 1986. The US Citizenship and Immigration Services of the Department of Homeland Security requires documentation for employment eligibility for recording on the mandatory I-9 forms that all employers must keep for each employee. US employers or payers who hire illegal aliens (undocumented aliens) may be subject to various fines, penalties, and sanctions imposed by the US Department of Homeland Security. A conviction for Conspiracy to Bring Illegal Aliens to the US carries a maximum penalty of five years in federal prison, a $250,000 fine, or both. A maximum penalty of 10 years in prison and a $250,000 fine can be imposed on each charge of conspiring to harbor illegal aliens.