As you may collect, I do not assume severe regulation faculties—together with scholar authorities teams at such regulation faculties—must be “direct[ing]” school, workers, and college students to not use sure authorized phrases, particularly when they’re components of statutes, statutory titles present (the Alien Tort Statute) and previous (the Alien Act), courtroom opinions, and extra. However right here I simply wished to current the textual content of the GW Legislation Pupil Bar Affiliation decision, so readers can resolve on it for themselves.
Goal: To name upon members of The George Washington College and The George Washington College Legislation College to abstain from utilizing the phrases “unlawful,” “alien,” and “assimilation” in inner communications and exterior correspondence concerning immigration.
WHEREAS:Since 1948, the best to a nationality, the best to alter one’s nationality, and the best to not be disadvantaged of 1’s nationality are all universally acknowledged below worldwide regulation1;
WHEREAS: The time period “alien” has traditionally been used all through U.S. immigration regulation to confer with people who should not have U.S. citizenship and will not be a US nationwide2;
WHEREAS: Immigration advocates have lengthy argued that the time period “alien” dehumanizes migrants and generally conjures up photographs of Martians or Mandalorians that readily lend itself to xenophobic rhetoric3;
WHEREAS: State and municipal governments akin to California and New York Metropolis have taken steps to take away and change the phrase “alien” in lengthy standing authorized codes4;
WHEREAS: The phrase “unlawful alien” has traditionally been utilized in US immigration discourse to explain a person, who just isn’t a US citizen or a US nationwide, and is current inside the sovereign territory of the USA in a way that’s not in accordance with the regulation5;
WHEREAS: The phrase “unlawful alien” is commonly strategically weaponized to evoke prejudice towards undocumented immigrants each inside and out of doors of the courtroom, as within the case of the DOJ instructing all prosecuters to undertake the phrase “unlawful alien” as an alternative of “undocumented immigrants” below the steering of former Lawyer Common Jeﬀ Classes6;
WHEREAS: The phrase “assimilate” has traditionally been used all through US immigration to explain the aim of the method of naturalization, which seeks to include and, in lots of cases, indoctrinate non-citizens and non-nationals into American tradition7;
WHEREAS: The coverage of “assimilation” has traditionally been used to manage, reshape, and eradicate conventional cultural identities that diﬀered from the contemporaneous American cultural norms, akin to within the case of Native People8;
WHEREAS: In January 2021, The Biden Administration issued steering memos by means of the Customs & Border Patrol (CBP) and Immigration and Customs Enforcement (ICE) companies instructing all oﬃcials to undertake “extra inclusive” language by changing phrases akin to “unlawful,” “alien,” and “assimilation” with “noncitizen,” “undocumented particular person,” and “integration”9;
WHEREAS: The U.S. Citizenship Act, H.R. 1177 and S. 348, launched in February of 2021, replaces each use of the phrase alien with noncitizen in all of its singular, plural, and possessive types all through the immigration legal guidelines of the USA10;
WHEREAS: The George Washington College is oﬃcially chartered by Congress and plenty of members of the GW Legislation group have served, at the moment serve, or will serve in all three branches of the USA Federal Authorities11;
WHEREAS: The Pupil Bar Affiliation Senate Tutorial Coverage Committee has unanimously authorized the joint decision draft as regards to content material, grammar, and Bylaw compliance …; now, due to this fact,
BE IT RESOLVED: That The George Washington College Legislation College Pupil Bar Affiliation as an entire—
- Condemns using the phrases “alien,” “unlawful alien,” “unlawful immigration,” “assimilation,” or some other dehumanizing and oﬀensive rhetoric surrounding immigration discourse in all modes of communication by members of the GW Legislation group – together with school, college students, directors, and staﬀ;
- Additionally condemns using the phrases “alien,” “unlawful alien,” “assimilation,” or some other dehumanizing and oﬀensive rhetoric surrounding immigration discourse in all modes of communication by members of the GW College group – together with school, college students, directors, and staﬀ;
- Acknowledges the influence diction can have on framing options to a problem as advanced as immigration and the potential for inclusive phrase option to be utilized as a bridge to forming speciﬁc, tangible, humane coverage adjustments;
- Directs all members of the GW Legislation group to deliver inner and exterior communications in congruence with the latest steering from the manager department by adopting extra inclusive language – akin to “noncitizen,” “international nationals,” “undocumented particular person,” and “integration” – for the needs of encouraging extra humane and safe immigration insurance policies, whereas avoiding any confusion as to correct terminology post-guidance; ….
1See, e.g., Common Declaration of Human Rights, artwork. XV “Everybody has the best to a nationality. Nobody shall be arbitrarily disadvantaged of his nationality nor denied the best to alter his nationality.”
2 Immigration and Nationality Act, 9 U.S.C. §1101(a)(3).
3 LA Occasions, From ‘Alien‘ to ‘Noncitizen‘: Why the Biden Word Change Matters in the Immigration Debate, L.A. Occasions, (Feb. 18, 2021, 4:50 PM), https://www.latimes.com/entertainment–arts/story/2021–02–18/immigration–alien–noncitizen–language–politi cs-undocumented(final visited Oct. 23, 2021).
4 Beam, Adam, California to exchange the phrase ‘alien’ from its legal guidelines, Related Press Information, (Sep. 24, 2021), https://apnews.com/article/immigration–california-race-and-ethnicity-racial-injustice-gavin-newsom(final visited Oct. 23, 2021).
5United States v. Texas, 809 F.3d 134, 148 (fifth Cir. 2015).
6 Kopan, Tal, Justice Department: Use ‘illegal aliens,‘ not ‘undocumented‘, CNN, (Jul. 24, 2018, 8:12 PM), https://www.cnn.com/2018/07/24/politics/justice–department–illegal–aliens–undocumented/index.html(final visited Oct. 23, 2021).
7See Alejandro Portes & Alejandro Rivas, The Adaptation of Migrant Youngsters, Future Baby., Spring 2011, at 219, 221–22.
8United States v. Clapox, 13 Sawy. 349, 35 F. 575 (D. Ore. 1888).
9 Rose, Joel, Immigration Agencies Ordered Not To Use Term ‘Illegal Alien‘ Under New Biden Policy, NPR, (Apr. 19, 2021, 2:51 PM), https://www.npr.org/2021/04/19/988789487/immigration–agencies–ordered–not–to–use–term–illegal–alien–un der-new-biden-polic(final visited Oct. 23, 2021).
10See U.S. Citizenship Act, H.R. 1177, 117th Cong. (2021); see additionally U.S. Citizenship Act, S. 348, 117th Cong. (2021).
11 An Act to include the Columbia Faculty within the District of Columbia, 6 Stat. 255, sixteenth Congress (1821).