What's with the Term "Undocumented Immigrant"?

The hot-button topic around the Immigration Attorney water cooler is the use of the term "Undocumented Immigrant" in a recent United States Supreme Court decision for the first time...

The hot-button topic around the Immigration Attorney water cooler is the use of the term "Undocumented Immigrant" in a recent United States Supreme Court decision for the first time.

In Mohawk Industries v. Carpenter, Supreme Court Justice Sotomayor used this term instead of the usual phrase; "Illegal Immigrant."

Why the change? Is this political activism from the bench?  Will this be a precedent used in upcoming Immigration Reform?

All good questions.

Why the change?

For one, its more comprehensive.  Technically speaking, "Undocumented Immigrant" covers more than just the assumed Illegal Immigrant. Secondly, its liberal, its politically correct, its less assuming.

Is it political activism from the bench?

It does present the opportunity to argue from different perspectives, on one hand some may say its inappropriate to change an accepted "social" term and the Court should stick to interpretation of the Constitution.  On the other hand some could argue that using this term is the prerogative of the Justice, who may use her own language to most accurately define her decision.

Will this be a precedent used in upcoming Immigration Reform?

Not directly.  More of a point of reference.  Democrats have been using the term "undocumented immigrant" before Justice Sotomayor wrote it in to United States case Law, so from a reference point of view, when Immigration reform is discussed on the Capitol, Sotomayor will be linked to this term, perhaps even credited with its formal introduction to United States law.

The issues brought to the legislative committees will not be different because of this term.  Its recent use however may serve as a new starting point for discussions, whether it is viewed with gravity or not will surely depend on political stances.

So is this a roar for the immigrant community or just a clearing of the throat?

Undocumented immigrants, illegal aliens, broken families, employees, corporations, local businesses, schools, health care providers, insurance companies, licensing boards, politicians, foreign investors, and foreign infrastructures will all have an interest when President Obama's task schedule gets to Immigration Reform.

Which way will the wave political ideology push Immigration?

Time will tell.  And at some point along the way, we might find out the precise definition of the term, "Undocumented Immigrant."