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T
his past week, amidst the anti-
immigrant fervor being drummed up
by Presidential hopeful Donald
Trump, and others, Democratic Governor
Jerry Brown announced a bill to remove the
term “ALIEN” from the California Labor
Code. “Alien” is a term used in the
California labor code to describe foreign-
born individuals who work in the United
States. It is also commonly considered to
be a derogatory term, leaving foreign born
individuals feeling more like they are from
outer space than from their respective
native countries. The proposed change to
Law SB-432 would call for the removal of
the term "alien" within the next year and
most individuals consider its removal to be
an important first step toward modernizing
and humanizing California law.
Here is a historical perspective on the
how the term “alien” crept into our
legislative language at the STATE Level. The
State of California began using the term
"alien" in the year 1937. At that time, the
labor code stated that “U.S. Citizens”
should be given priority over “aliens” when
hiring for public-works contracts in
California. That section of the law was
repealed in the year 1970, but the term
“alien” remained as part of the labor code.
On a FEDERAL level, the federal
government still uses the term "alien" as an
official term when referring to
undocumented immigrants.
Change is good:
Governor Brown (CA) is making other
changes too. He recently approved two
interesting immigration-related measures
which should also boost the morale of
foreign nationals. One bill allows high
school students who are legal permanent
residents to serve as poll workers in state
elections, not only allowing them to earn
money, but also actively engaging them in
our electoral process.
The second bill makes it illegal to take a
child's immigration status into account in a
civil liability case. The latter bill was
enacted in response to a sexual misconduct
lawsuit filed by more than 80 elementary
students fromMiramonte Elementary
School against the Los Angeles Unified
School District. The goal is to protect
minors by granting them the same legal
foothold as a U.S. Citizen in civil liability
cases.
Change can be slow and circuitous:
The Federal Government is participating
in the language over-haul as well, although,
at the present time, it appears to be more
concerned with monitoring the language
used by EB-5 Regional Centers and
Corporate Enterprises (Investor Visa Green
Cards) than with tweeking its own use of
“politically correct” language. For example,
the U.S. Department of Homeland Security
("DHS") is merely reconsidering its own use
of the term “alien” (out of concern that it
sounds dehumanizing and could
potentially prevent individuals from
receiving appropriate protections under the
law) and is, instead, focusing more on its
intention to refer individuals and corporate
enterprises to the Justice Department for
questionable naming practices.
Questionable naming practices have mostly
to do with terminology related to use of the
words “United States” and “Federal” by EB-
5 Regional Centers and Commercial
Enterprises.
More specifically, the United States
Customs & Immigration Service (USCIS)
reminded the public that EB-5 regional
centers and related commercial enterprises
should not contain the words “United
States,” “U.S.,” “US” and “Federal” in their
names. If a regional center uses these words
in the name of the regional center or
enterprise, the regional center may be
falsely implying a relationship between the
entity using the name, and USCIS, DHS and
the U.S. government.
Using such references/names on
websites, promotional and other marketing
materials could also be considered
deceptive acts or practices and false
advertisements, which may violate federal
laws governing unfair trade and false
advertisements.
See 15 U.S.C. §§ 45 and 52. If a regional
center or related commercial enterprise has
a questionable name, the Immigrant
Investor Program Office (IPO) may refer it
to the Federal Trade Commission for further
action. Additionally, use of the words
“Federal” or “United States” in advertising
by businesses engaged in the financial
services sector may be a violation of 18
U.S.C. § 709, which prohibits false
advertising or the misuse of names to
indicate a federal agency. In this situation,
IPO may refer regional centers and related
commercial enterprises with questionable
naming practices to the Department of
Justice for action.
Apparently, names and words do count
for a whole lot after all. The recent
omission of the word “alien” from the
California Labor Code can change the
public perception of foreign nationals,
make foreign nationals feel more “human”,
and help promote their legal rights.
Persons filing applications with government
agencies should choose their words wisely,
as words can clearly have a dramatic
impact, lasting well into the future.
News India Times
August 21, 2015
32
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or
epaper.newsindiatimes.com
IMMIGRATION
By:
Michael Phulwani, Esq.,
David H. Nachman, Esq.
and
Rabindra K. Singh, Esq.
Recent Developments in
U.S. Immigration Law:
What's in a Name?
To Advertise in the
News India Times
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The way U.S. Immigration and Nationality Law professionals phrase things is HUGELY
important.
“Words are like eggs dropped from great heights; you can no more call them
back than ignore the mess they leave when they fall.”
―
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