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The Media Needs to Drop the Term UNDOCUMENTED
From:
Peggy Sands Orchowski -- Immigration Expert Peggy Sands Orchowski -- Immigration Expert
Washington, DC
Tuesday, July 22, 2025

 

The Media Needs To Drop the Term "UNDOCUMENTED" 

By Margaret (Peggy) Orchowski



Everyone it seems is upset about the media these days – especially about the bias that the "other side" perceives taints every story to one political side or the other, Some of the complaints are legitimate – especially on the coverage of immigration. There is one term that all sides use that is particularly an unchecked narrative that confuses everyone about immigrants undocumented. As a 20-year long Congresssional journalist covering immigration, this is my pet peeve. To be honest and factual about immigration no matter what their position, all "news" providers must completely drop the term "un documented" when referring to migrants and immigrants illegally working and living in the country.

 It is a nonsensical word that means nothing, it is a PC liberal replacement for the word "illegal immigrant".  An "undocumented person" has nothing to do with legal or illegal immigration. 

Many people who are illegally in the United States are registered and carry legitimate documents that are vetted by the government – that includes DACA recipients (Deferred Action for Childhood Arrivals). They were given a temporary waiver from deportation – low priority – by President Obama through an executive memo in 2012, but their status is still "illegal alien".  The protection can be withdrawn at any time and they can be deported.  As President Obama said when he first created DACA "This does not legalize your status; I can't do that. No president can do that. Only Congress can do that."

It's also common that so-called undocumented immigrants knowingly buy, obtain and show false documents such as false green cards,  Social Security cards, drivers licenses, even work permits. But that is a felony – for all U.S. residents.

Using undocumented ubiquitously leads to silliness and confusion as well .  Should DACA recepients be called "DOCUMENTED UNDOCUMENTEDS"?  Is that what the media want to get stuck using? 

 Some wag wrote on social media that "since it is not illegal to not carry around immigration documents (it's not, although millions of people who hold temporary permits are told to have them accessible when asked), therefore "undocumented people are not doing anything illegal and should not be deported.  This reasoning conveniently passes over the fact that "undocumented" was invented to avoid designating an immigrant as being in the country illegally – a misdemeanor the first time but a felony if multiple crossings, using false documents, committing felonies, and other illegal acts -- all deportable behavior for the "undocumented"..

Even  the Associated Press style book warned in 2013, that the use of "undocumented" can be misinformative and cause confusion.  AP recommends that the term "undocumented" should only be used in a quote with the person quoted clearly specified.  Yet just about every "news providers" left right and Center, even most of the AP reporters and editors, still use the word "undocumented".  It's become an unquestioned narrative.  

"Calling someone an 'illegal' immigrant is hurtful", one reporter told me.  "We need to be compassionate."  Sorry friend and colleague; but it's not the job of journalists to be disingenuous in order to be compassionate.  The media needs to state the facts honestly. 

And no one refers to illegal immigrants as "illegal persons," as some advocates say with (as Obama calls it) much "comfortable rightiousness".  The discussion is about immmigration – a legal status – not personhood.

As for the designation "illegal aliens"  – the official word in U.S. law that even Justice Sonia Sotomayor uses – other terms such as "unauthorized" or "unlawful" or "people living and working in the country illegally or without authorization" are good alternatives.

 But "undocumented" is confusing and disingenuous!  Dropping the term "undocumented" is the first thing all legitimate news "providers" and anyone discussing immigration (legal and illegal – they must be differentiated) need to order, to show they are covering immigration in a serious honest way.

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Jan. 27, Georgetowner online                     ESSAY about birthright citizenship.                        645 words

Executive Order Intends io Limit Birthright Citizenship, Not End It

By Margaret Orchowski

Please don’t panic or exaggerate the birthrights citizenship executive order. The much expected EO does not end birthright citizenship. It limits it. That does not take a constitutional amendment.  In fact it’s been changed by Congress and by a Supreme court decision several times in the past.

Here's the first sentence of the 14th amendment:: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” 

The definitive word in that sentence is AND!  If the framers wanted anyone and everyone born in the US to be citizens they would not have added an “and” clause, AND means (if you recall grammar lessons) also, plus, as well as. 

 As you can see, the first sentence of the 14th amendment states clearly that anyone claiming birthrights citizenship must fulfill TWO CONDITIONS:

1.     Be born in the United States

2.     Be subject to the jurisdiction of the United States.

The order would make ineligible for birthright citizenship anyone born in the U.S. whose parents have no lawful or legal authorization to be here or who are in the US on limited, temporary non-immigration permits such as foreign students and tourists.  

Changing who is eligible or not for birthrights citizenship has actually happened in the past via Congressional legislation and also a ruling of the Supreme Court.  In addition, Trump’s executive order reflects at least 15 years of proposals considered by Congress, one as HR1 (in the 112thCongress.

The 14th amendment was ratified on July 9, 1868 to “rightly repudiate the Supreme Court of the United States’s shameful decision in Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857), which misinterpreted the Constitution as permanently excluding people of African descent from eligibility for United States citizenship solely based on their race”, as stated in Trump’s executive oder.  There were no national immigration laws until the 1880s; hence the amendment at the time did not address legal permanent, temporary or illegal immigration status of the birth parents.

But in 1868, according to the Congressional Research Office, there were FOUR defined groups of people in the United States who were NOT considered to be under the jurisdiction of U.S. laws and whose birth children were not allowed citizenship nor the right to vote.  

The jurisdictional status of two of these groups were changed over time.  The children of legal permanent Chinese immigrants were ruled by the Supreme Court in 1898 in U.S. vs. Wong (a very narrow ruling) to be under the jurisdiction.  In 1921 American Indians born and raised in a recognized Indian Nation were given the right to vote and hence citizenship by Congress in the 1921 Indian Voting Rights Act.

But two other groups remain excluded to this day: 

1)     the children of diplomats to the U.S, with immunity from U.S. laws; and 

2)     a rather nebulous universal rule according to the U.S., Congressional Research Office that the children born of recognized invaders are not under the jurisdiction of the invaded state.

Since 2010, Congress has addressed proposals to exclude birthright citizenship from TWO additional groups:  

1) children born of birth tourists (visitors who come on a three month permit with the sole purpose of getting citizenship for their child with no intention or right to immigrate and contribute to the U.S,) and 

2) children born of parents BOTH of whom are illegally in the country and have no right to be here,  In 2011 this 2 page bill was HR1 in the new Republican dominated 112th congress.

Clearly President Trump’s executive order is not new, unconstitutional nor in any way racist. Read it here (2+ pages only) .  https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/

It may however be challenged and perhaps decided by the Supreme Court, for instance on whether or not illegal immigrants are under the jurisdiction of the U.S. or not.

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Margaret Orchowski is a credentialed Congressional reporter on immigration and author of two recent books (Nov 2024) on how immigration laws and policies evolved in the U.S.: “The 5 Basics Everyone should Know About Immigration” and a new paperback updated edition of “The law That Changed the Face of America” 

  

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