Biden Forbids Immigration Judges From Using the Term ‘Alien’

Federal immigration judges may no longer use the word “alien” in their legal opinions, according to a Department of Justice directive.

Citing an immigration order from President Joe Biden, senior DOJ official Jean King instructed the nation’s 539 immigration judges to “use language that is consistent with our character as a nation of opportunity and of welcome.” The July 23 memo forbids employees in the Executive Office for Immigration Review from using “‘alien’ or ‘illegal alien’ to describe migrants.”

King suggests judges use “respondent, applicant, petitioner, beneficiary, migrant, noncitizen, or non-U.S. citizen,” as a replacement when writing opinions. Instead of “undocumented alien” or “illegal alien,” judges should use “undocumented noncitizen, undocumented non-U.S. citizen, or undocumented individual,” the document says.

The Immigration and Nationality Act describes an “alien” as “any person not a citizen or national of the United States.” A variety of federal laws and regulations use the term “alien” to describe individuals who can be removed from the United States, in contrast to mere nationals, who may be American citizens or residents of territories such as American Samoa. (Read more from “Biden Forbids Immigration Judges From Using the Term ‘Alien’” HERE)

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