An introduction to migration terminology

Written by Sabrina Axster & Arielle Kandel

The terminology around migration can be confusing, especially if one is not directly involved with the topic. The International Organization for Migration (IOM) has tried to provide some clarity with its glossary of terms. Even though this is a good starting point, every country uses different definitions, which quickly becomes complicated. Drawing on the definitions put forward by the IOM and by the Department of Homeland Security — the main US government body to enforce immigration law — here is a comprehensive introduction to migration terminology.

 

Defining “migrants”

There is no universally accepted definition of what a migrant is. Every country and international organization has its own specific understanding and definition of the word. In its list of key migration definitions, the IOM states that, “The United Nations defines migrant as an individual who has resided in a foreign country for more than one year irrespective of the causes, voluntary or involuntary, and the means, regular or irregular, used to migrate.” As such, anyone leaving his or her country of origin to live in a different country for a certain amount of time — no matter the status and legality of his or her residence — is defined as a migrant. The Department of Homeland Security (DHS) has a similar understanding of migrants as people who seek residence in a country other than their country of origin.

The IOM goes further by differentiating between several groups of migrants. For example, economic migrants leave their country of origin to seek a higher quality of living. This term is often used to describe people leaving their country of origin for work. It is also used to differentiate economic migrants from people fleeing situations of conflict or political unrest (who are sometimes referred to as political migrants).

Another group is skilled migrants, who might get preferential admission to a country where they can apply a special set of skills. The term temporary migrant workers applies to workers in all types of professions who spend definite periods of time in another country to complete a work assignment.

 

Migration, emigration, or immigration?

Migration and immigration are often used interchangeably in everyday life and few know the actual difference between the two. According to the IOM, the term migration pertains to all people on the move, may they be moving within a country or across international borders. The term international migration, which is not an official IOM term, is often used to clearly pinpoint the movement of people between different countries.

Immigration, on the other hand, is the process of people moving into a country other than their country of origin, while emigration applies to the process of departing one country to reside in another — in other words, it describes the process of leaving.

 

Zooming in on US immigration law: What’s the difference between immigrants, nonimmigrants, and aliens?

Alien is the central term governing immigration law and entry into the United States — it refers to any person who is not a US citizen or national. The United States Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security, requires that to obtain US citizenship at birth one must have been born in the United States or certain territories or outlying possessions of the United States. Alternatively, one could be born to a parent or parents who were US citizens at the time of the birth and meet several additional requirements. The former way of obtaining citizenship is a constant issue of contention with opponents claiming it encourages “birth tourism.”

The subcategories of immigrant and nonimmigrant fall under the umbrella of alien. The term immigrant appears in the Department of Homeland Security’s “Definition of Terms,” but only to refer the reader to the entry of Permanent Resident Alien. A Permanent Resident Alien is any person who is not a citizen or national of the US, but has been accorded the right to live and work in the US permanently. A Permanent Resident Alien can also be referred to as a Lawful Permanent Resident or Green Card Holder.

The DHS notes that permanent residents are also commonly referred to as immigrants. However, it clarifies that under the Immigration Nationality Act, the term immigrant is more broadly defined as “any alien in the United States, except one legally admitted under specific nonimmigrant categories.” Therefore, immigrants encompass not only permanent residents, but also all aliens who are lawfully admitted into the US on an immigrant visa but are not permanent residents, as well as “illegal” aliens as designated by the DHS.

Examples of immigrant visas include immediate relative and family sponsored visas — for example, the spouse of a US citizen or certain family members of US citizens and permanent residents. Immigrant visas also include employer sponsored visas and the diversity visas assigned through the Diversity Visa lottery, commonly referred to as the Green Card lottery.

Nonimmigrants are aliens who seek only temporary entry to the US for a specific purpose. This includes visitors for business and pleasure, foreign media representatives, students, and diplomats, among others. Nonimmigrants only stay in the United States for a limited period of time, whereas immigrants seek permanent residence. There are cases where one might change his or her status from nonimmigrant to immigrant while in the US — one could, for example, enter the US on a nonimmigrant student visa, but then apply for an immigrant employer sponsored visa.

 

What about  refugees, asylum seekers, and asylees?

Similarly to the terms alien, immigrant, and nonimmigrant, the terms refugee, asylum seeker, and asylee have legal significance. Under both international and US law, they refer to specific categories of people that are vested with certain rights and obligations. Understanding and defining these three terms accurately is therefore critical. Are refugees, asylum seekers, and asylees also migrants? And what’s the difference between refugees, asylum seekers, and asylees?

To answer the first question: Yes. Refugees, asylum seekers, and asylees are migrants since they are leaving their country of origin to take refuge in another country. The IOM Constitution recognizes that “international migration also includes refugees.”

The answer to the second question is a little more complicated.

The IOM combines three definitions of the term refugee. First, it uses the definition from the 1951 Refugee Convention that defines a refugee as a person who left his or her country of origin due to a well-founded fear of persecution because of race, religion, nationality, membership of a particular social group, or political opinion. Moreover, it also draws on the 1969 Organization of African Unity Convention and the 1984 Cartagena Declaration, which state that refugees also include people who left their country of origin due to external or internal aggression or conflict. The Department of Homeland Security, however, only applies the 1951 Refugee Convention.

An asylum seeker is someone who has applied for refugee status under relevant national and international legislation and is waiting for a decision on his or her status. If denied refugee status, the applicant no longer has the right to remain in the country where he or she applied for this status and may be expelled. In short, the key difference between an asylum seeker and a refugee is that an asylum seeker has applied for refugee status but the decision is still pending, while a refugee has already received refugee status.

Refugee status, once recognized, creates certain rights and obligations: the right to remain in the country where refugee status has been granted (protection from expulsion), the right to work in this country, and the obligation to file for permanent residence one year after entry into the US. Under US law, asylum status is a similar form of protection as refugee status awarded to migrants fleeing persecution. But whereas applications for refugee status can only be made from outside the US, one has to be already in the US (or at a port of entry) to apply for asylum status. An asylee is someone who has applied for or already received asylum status.

 

What’s in a word: “Undocumented” vs “illegal” immigrants

One of the most discussed groups of migrants in the US are undocumented immigrants or, as many refer to them, illegal or unauthorized immigrants. The Department of Homeland Security does not provide a definition of what an illegal or undocumented immigrant is. One of the only US government agencies that offers a definition is the Internal Revenue Service, which defines an illegal or undocumented alien as someone who has either entered the United States illegally (without the appropriate paperwork and without going through the needed screening), or who has entered the United States legally but is now “out of status” (someone who has overstayed the length of his or her initial visa or has carried out activities not originally permitted by that visa).

Rather than using the terms illegal or undocumented, the IOM prefers the term irregular migrant to denote “a person who, owing to unauthorized entry, breach of a condition of entry, or the expiry of his or her visa, lacks legal status in a transit or host country.” As such, the IOM’s definition of irregular migrants is similar to that of the IRS.

The IOM uses irregular because it is less negatively charged than illegal. As it states in its glossary, the term illegal has a criminal connotation and denies the humanity of a migrant. A similar debate is taking place in the US on which term to use.

An article on NPR explains that illegal immigrant is seen as “dehumanizing and racialized,” while the term undocumented might suggest an administrative mistake. The author notes that the phrase unauthorized migrant might be more appropriate. In another article from CNN, the term illegal immigrant is criticized for suggesting that “the very existence of an unauthorized migrant in America is criminal.”

The ongoing debate about illegal or undocumented immigrants — and the number of ultra-specific terms available for describing immigrants — demonstrates that the language surrounding migration should always be considered carefully.