Thread by @mjs_DC

I do not respond to trolls as a rule, but this exchange has inspired a significant number of trolls to harass me, so I am going to respond here.

“Illegal alien” is not the correct legal term for DACA beneficiaries. It does not appear in the statutes upon which DACA is based.

https://twitter.com/mjs_dc/status/1341442423780749314

I will walk through the various statutes that the government cited to justify DACA; briefly explain how each statute bears on DACA; and provide a link to the text so that you, too, can see that the U.S. Code does not make "illegal alien" the proper term for DACA beneficiaries.

I will pause here to note that immigrants and their allies have long opposed the use of "illegal alien" when referring to DACA beneficiaries *for this reason.* I am not breaking any new ground, and I am surprised to learn that anyone familiar with DACA would make this error.

Let's use the OLC memo confirming DACA's legality (which does not use the phrase "illegal alien" to describe beneficiaries) as our starting point. It points us toward multiple statutes that form the statutory basis for DACA. justice.gov/file/179206/do…

1. 8 U.S.C. 1103(a)(2)(3) grants the DHS Secretary broad discretion over the removal of undocumented immigrants—including, SCOTUS has confirmed, deferring deportation.

It does not use the term "illegal alien." law.cornell.edu/uscode/text/8/…

2. 8 U.S. Code § 1324a regulates the employment of non-citizens and generally bars the employment of unauthorized immigrants.

It does not use the term "illegal alien." law.cornell.edu/uscode/text/8/…

3. 8 CFR § 274a.12 lets certain non-citizens who've been granted deferred action work legally in the U.S.

It does not use the term "illegal alien." law.cornell.edu/cfr/text/8/274…

4. 8 U.S.C. § 1182(a)(9)(B)(i) governs the accrual of an undocumented immigrant's unauthorized presence in the U.S., which is suspended when an individual receives DACA status.

It does not use the term "illegal alien." law.cornell.edu/uscode/text/8/…

Taking these statutes together, along with decisions interpreting them, we find the legal basis for DACA:

•DHS has sweeping discretion to defer deportation for certain immigrants
•Immigrants granted this deferred action may obtain work authorization and other benefits

No statute the Obama administration cited in establishing or defending DACA uses the phrase "illegal alien" to describe a person who benefits from these laws. Indeed, the statutes do not use the phrase "illegal alien" at all. The term does not reflect the statutory language.

So why do DACA opponents insist that it is legally correct to call DACA beneficiaries "illegal aliens"?

Because the phrase is dehumanizing. It transforms 700,000+ real people into a faceless mass of "illegal aliens" who must be criminals. After all, they're "illegal," right?

I'll pause here to note that living in the United States without authorization is not a criminal offense, so deeming all DACA beneficiaries "illegal aliens" isn't even correct in the colloquial sense. It's a loaded term that stacks the rhetorical deck against immigrants.

Now, do lawyers with good intentions occasionally slip up and say "illegal aliens" because DACA opponents use it incessantly and it's easy to inadvertently adopt their rhetoric? Sure. I am not claiming that everyone who has used the phrase in connection with DACA is a bigot.

It is perplexing that some conservatives have pointed to Justice Sotomayor's fleeting use of the term "illegal alien" as proof that it's acceptable. The justice has explicitly said she tries not to say it because it "does seem insulting." We all slip up! lawprofessors.typepad.com/immigration/20…

There is a broader debate about using "illegal alien" to describe the entire class of immigrants who live in the U.S. without approval. We aren't talking about them. We are talking about DACA beneficiaries—who are authorized to live and work in the U.S. They are not "illegal."

Calling DACA beneficiaries "illegal aliens" is an inaccurate and dehumanizing rhetorical ploy. It isn't a faithful reflection of statutory language. Those defending the term should talk to an actual DACA recipient about how it feels to be deemed "illegal."

I am done here.