11th Circuit Panel Squabbles Over The Word “Alien”
Today the 11th Circuit decided Martinez-Rivera v. Attorney General, an unpublished immigration decision. The majority opinion by Judge Branch used the statutory term “alien” several times. Judge Martin wrote a two paragraph concurring opinion, explaining why she will not use the word “alien.”
I write separately to note why I prefer not to use the term “alien,” which the panel opinion uses ten times. Justice Kavanaugh has equated the term “noncitizen” with the statutory term “alien.” Nasrallah v. Barr, 590 U.S. __, 140 S. Ct. 1683, 1689 n.2 (2020); see also United States v. Estrada, 969 F.3d 1245, 1253 n.3 (11th Cir. 2020). “Alien” is increasingly recognized as an “archaic and dehumanizing” term. Maria Sacchetti, ICE, CBP to Stop Using ‘Illegal Alien’ and ‘Assimilation’ Under New Biden Administration Order, Wash. Post (Apr. 19, 2021).
To the extent the term “noncitizen
Article from Latest – Reason.com