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Undocumented immigration refers to the indefinite residence of persons in the United States without U.S. authorization. Individuals who reside in the United States without proper authorization are known as undocumented immigrants, unauthorized immigrants, illegal immigrants, or illegal aliens. While these terms are perceived as synonymous, there is significant debate over which term is most appropriate. In particular, many groups have pressed for use of the terms unauthorized or undocumented in the mainstream press, arguing that “illegal” and “alien” are unnecessarily pejorative terms.

Frequently, the division over terminology parallels divisions between advocates for and adversaries of unauthorized immigrants. “Illegal” is understood by advocates as a pejorative term that links entry into the United States with criminal behaviors, and that wrongly targets certain racial and ethnic groups. Adversaries, however, often express a preference for the term, noting that this is the proper legal terminology for persons who are unlawfully present in the United States. In recent years, while “unauthorized” or “undocumented” have become commonplace, “illegal” continues to see mainstream usage. As recently as 2012, many large media outlets such as the New York Times have weighed in on the merits of using the word illegal in reference to immigration. While the New York Times and others have acknowledged the merits of both arguments and rejected the use of the terms alien and illegal, neutral usage of the term illegal immigrant is accepted practice.

A lack of consensus over the proper terminology for this class of immigrants is in part because unauthorized entry is a relatively new political concept. The concept of illegal or undocumented immigration did not emerge until the 20th century, with changes to immigration policy and law. Moreover, while unauthorized entry or residence is unlawful, it is not necessarily a criminal offense (removal hearings and detention proceedings, for example, are not criminal proceedings). As a result, debates over terminology reflect the continually shifting nature of immigration law and, by extension, what or who is unauthorized.

Early Immigration and Policy

Until the 20th century, immigration into the United States was relatively open because of the vast employment needs of industrialization and settlement. Congress first created the Bureau of Immigration in 1891. Prior to that period, the United States had open borders and relatively few mechanisms to deport unwanted arrivals. Some states had laws to remove the poor, however, and the Alien and Sedition Acts (1798–1801) allowed for political expulsion during wartime. Labor was in short supply, and thus many migrants arrived coercively, either as indentured servants or through the transatlantic slave trade. Moreover, it was not until the Treaty of Guadalupe Hidalgo (1848) that a border between the United States and Mexico was legally established, alongside the transfer of a significant proportion of Mexican territory.

Congress passed the first federal restrictions on entry in 1875, barring persons convicted of crimes of moral turpitude and prostitutes from entry. A short time later, Congress passed the Chinese Exclusion Act in 1882, which was the first formal effort to restrict immigration. In 1917, Congress passed the Immigration Act of 1917, which excluded all immigrants from the continent of Asia, as well as the poor, gays and lesbians, those with mental and physical handicaps, and various other “undesirable” persons. A literacy test and medical evaluation were also imposed, significantly extending deportability.

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