Are they Illegal?
If you’re calling your neighbors “illegal immigrants” or “illegals”, please know most immigrants/refugees find this insulting, as well as many mainstream folks. The official US government term is “illegal alien”. Most immigrants rights groups will say “undocumented”. Here’s an article discussing the “I-word”.
This article obscures one salient, but often overlooked matter of law: Being in the country without a valid visa is not lawful, but it’s not a crime. Here’s an article that explores this important nuance. Also, hiring someone you know is undocumented is also not lawful, and can expose you to civil and criminal penalties. More information here
But usually, the real question is how to tutor the person in front of you who might be in the country without a valid visa – maybe their husband was just put in a detention facility; maybe they’ve told you their border crossing story; maybe they’ve told you they can’t find a job; maybe they’ve said “Soy indocumentada”.
How do you handle this as a language and cultural skills trainer?
- Don’t Freak Out – Being in the country without a valid visa is a civil offense, not a criminal one. They’re there in your neighborhood, with their family. They probably have a story, and it’s probably difficult. But unless there’s a reason to care about their legal status (like you are going to hire them), just interact with them in a welcoming friendly manner like you would treat any neighbor.
- Assume They Might Not Have A Visa – Don’t put your neighbor in a situation that might expose them, get them into trouble, or make them panic. “Let’s go explore the ICE facility today!” is just not a friendly thing to do.
- Don’t Ask – We’re not suggesting that it’s immoral or wrong to ask people about their personal legal status – just that it’s not neighborly or welcoming. It’s intimidating. Asking people “Where are you from?” can also expose them to legal risk. Asking people “Where did you grow up?” is different, and a great way to get to know them better.
- If They Tell You, Consider Your Action Carefully – You have just been trusted with information that could really alter someone’s life. If you feel you must tell someone, remember that it’s not a crime to be in the US without a visa – it’s like a parking ticket. That means if you call the police or 911, they won’t be able to do anything.
- If Anyone Asks You If Someone Else Is “illegal” or “undocumented” – Some good responses are:
- “I don’t know, I didn’t ask.”
- “I never really thought about it.”
- “I think Immigration and Customs Enforcement is already using our money irresponsibly – I’m certainly not going to work for them for free!”
- “I was just going to ask you if you were illegal.”
- “Why are you asking me that?
If someone asks you for help with immigration papers, that doesn’t necessarily mean they are undocumented. You’ll need to find your own path forward. If you choose to help them, find out what they need to know on the internet, at the library or with other resources that serve immigrants and refugees. You can ask these questions with less fear and better results than they will likely be able to do.