On Thursday night’s State of the Union address, President Joe Biden upset some progressives and Latino members of Congress when he went off script and used the word “illegal” in reference to an undocumented migrant.
In response to heckling by Rep. Marjorie Taylor Greene (R-GA) about Georgia nursing student Laken Riley, Biden said, “An innocent young woman who was killed by an illegal. To her parents, I say my heart goes out to you, having lost children myself. I understand.” After this brief mention of the suspect in Riley’s murder, Biden returned to his scripted remarks.
The president quickly drew criticism on social media from lawmakers like Rep. Chuy Garcia (D-IlL), who wrote on X, ‘As a proud immigrant, I’m extremely disappointed to hear President Biden use the word “illegal.” Rep. Delia Ramirez (D-IL) noted that “No human being is illegal,” while the executive director of one of the country’s most influential immigrants’ rights groups pointed out that “calling a human being an illegal is ugly (and) racist.”
These critics are right, and their sentiments are valid. It is inaccurate and insulting to label a human being as “illegal.” But the president’s comment deserves to be seen in context. While no one should use the “I-word” when speaking about the undocumented, in Biden’s case, it was a misstep, not evidence of a broader disregard for immigrants.
It is problematic to label any immigrant “illegal” because the term often improperly assumes guilt. Consider that even if a news outlet is reporting on a serial killer or a child molester, they are always careful to include words like “alleged” and “suspected.” Besides, under U.S. law, only an immigration judge can determine whether a person is here unlawfully. No one else can make such a decision – not members of law enforcement, journalists, or even the president of the United States. To do otherwise is to brush aside the presumption of innocence and due process, two fundamental rights which the Supreme Court has ruled extend to people here without authorization.
Calling a person “illegal” reduces them of their humanity, instead defining them by their presumed immigration status or criminality. No one calls Martha Stewart, Kiefer Sutherland, or Eminem “illegals,” and they all have criminal records. By such harsh standards, Donald Trump, who was found liable for sexual assault last year, could ostensibily be termed an “illegal.”
That said, Biden used the term “illegal” when he was caught off-guard in a high-pressure, high-stakes situation. No reasonable person would suggest that he has antipathy towards immigrants. He has consistently supported immigration reform measures and championed the recent bipartisan border security package that Trump and the GOP tanked. Just last night, Biden pledged not to demonize immigrants, drawing a contrast with his predecessor, who stated in December that immigrants “are poisoning the blood of our country.”
Sure, it was disappointing that Biden called Riley’s suspected killer an “illegal.” Yet this loaded, racially-charged term is routinely used by Trump and his xenophobic followers. It is far more disappointing that the president had to endure disrespectful hecklers at the most important speech of the year and that the tragic killing of a young woman has now become politicized.
It was probably good that Biden was called out for using the term “illegal.” Hopefully, the president will issue an apology and learn from this awkward moment. And the quicker he puts this gaffe behind him, the better, so he can get back to more important matters, like running the country and campaigning for a second term. After all, there is only one anti-immigrant, anti-Latino candidate in the presidential race – and it sure ain’t Joe Biden.
Raul A. Reyes is an attorney and contributor to NBC Latino and CNN Opinion. Follow him on X: @RaulAReyes, Instagram, @raulareyes1.
This is an opinion piece. The views expressed in this article are those of just the author.
