Wednesday, April 6, 2011

Defintion of an undocumented student

I thought it important to define the term "undocumented student." I hope this will be helpful to people as they think about the issue of immigration as it relates to students in our country. The definition is provided by the National Immigration Law Center.

An undocumented student is a foreign national who: (1) entered the US without inspection or with fraudulent documents; or (2) entered legally as a nonimmigrant but then violated the terms of his or her status and remained in the US without authorization.

Most of the students that I interact with were brought to the US by their parents and did not have a choice in the matter. Their parents came to this country seeking jobs that would help give their children a better life. I believe that this issue is directly tied to the US economy and needs to be talked about jointly as opposed to trying to make the issue stand alone. You can not talk about immigration without talking about our country's economy. They are directly related. 

Another issue that was brought to my attention recently was that it is a civil offense to be in the country illegally, not a criminal offense.

Robert J. Barron, a leading immigration attorney in Colorado Springs, confirmed that it's not a crime to be in the United States illegally. It's a common misconception that feeds immigration hysteria. Federal law says it's a civil infraction — just as it's a civil violation, and therefore "illegal," to send e-mail spam without an "unsubscribe" option. The difference between a civil and criminal offense is colossal.

The key is to educate people about the law and not let people who want to create panic and hysteria rule the day. 

2 comments:

Rick said...

I found this description of the difference between civil and criminal cases:
http://public.findlaw.com/library/legal-system/civil-vs-criminal-cases.html

Joel said...

Thanks Rick for the resource.