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.” ― Jodi Picoult, Salem Falls

1. RECENT DEVELOPMENTS IN U.S. IMMIGRATION LAW:
WHAT'S IN A NAME?
The way U.S. Immigration and Nationality Law professionals phrase things
is HUGELY important. “Wordsare like eggs droppedfrom great heights;
you can no more call them back than ignore the mess they leave when they
fall.” ― Jodi Picoult, Salem Falls
This past week, amidst the anti-immigrant fervor being drummed up by
Presidential hopefulDonald Trump, and others, Democratic GovernorJerry
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-bornindividuals who work in the United States. It is also commonly
considered to be a derogatoryterm, 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 mostindividuals considerits
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 That section of the law was repealed in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
FEDERALlevel, the federal governmentstill uses the term "alien" as an
officialterm 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 boostthe
morale of foreignnationals. One bill allows high schoolstudents 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.

2. 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 misconductlawsuit filed by more than 80 elementary students from
Miramonte Elementary Schoolagainst 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 presenttime, it appears to be more concerned with
monitoring the language used by EB-5 Regional Centers and Corporate
Enterprises (InvestorVisa Green Cards) than with tweeking its own use of
“politically correct” language. For example, the U.S. Departmentof
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 referindividuals 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 CommercialEnterprises.
More specifically,the United States Customs & Immigration Service
(USCIS) reminded the public that EB-5 regional centers and related
commercialenterprises 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 betweenthe entity using the name,
and USCIS, DHS and the U.S. government.
Using such references/nameson websites, promotional and other
marketing materials could also be considered deceptive acts or practices
and false advertisements,which may violate federallaws 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 InvestorProgram Office
(IPO) may refer it to the Federal Trade Commissionfor further action.
Additionally, use of the words “Federal” or “United States” in advertising by

3. businesses engaged inthe financial services sectormay be a violation of
18 U.S.C. § 709,which prohibits false advertising or the misuse of names
to indicate a federalagency. In this situation, IPO may referregional
centers and related commercialenterprises 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
omissionof the word “alien” from the California Labor Code can change the
public perceptionof foreignnationals, 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.