What Part of ‘Illegal’ Don’t You Understand?

I am a human pileup of illegality. I am an illegal driver and an illegal parker and even an illegal walker, having at various times stretched or broken various laws and regulations that govern those parts of life. The offenses were trivial, and I feel sure I could endure the punishments — penalties and fines — and get on with my life. Nobody would deny me the chance to rehabilitate myself. Look at Martha Stewart, illegal stock trader, and George Steinbrenner, illegal campaign donor, to name two illegals whose crimes exceeded mine.

Good thing I am not an illegal immigrant. There is no way out of that trap. It’s the crime you can’t make amends for. Nothing short of deportation will free you from it, such is the mood of the country today. And that is a problem.

America has a big problem with illegal immigration, but a big part of it stems from the word “illegal.” It pollutes the debate. It blocks solutions. Used dispassionately and technically, there is nothing wrong with it. Used as an irreducible modifier for a large and largely decent group of people, it is badly damaging. And as a code word for racial and ethnic hatred, it is detestable.

“Illegal” is accurate insofar as it describes a person’s immigration status. About 60 percent of the people it applies to entered the country unlawfully. The rest are those who entered legally but did not leave when they were supposed to. The statutory penalties associated with their misdeeds are not insignificant, but neither are they criminal. You get caught, you get sent home.

Since the word modifies not the crime but the whole person, it goes too far. It spreads, like a stain that cannot wash out. It leaves its target diminished as a human, a lifetime member of a presumptive criminal class. People are often surprised to learn that illegal immigrants have rights. Really? Constitutional rights? But aren’t they illegal? Of course they have rights: they have the presumption of innocence and the civil liberties that the Constitution wisely bestows on all people, not just citizens.