Two terms for the same situation — a person living in a country without valid immigration status — that differ in what they emphasise. Undocumented points at the missing paperwork; illegal points at the breach of law. Major style guides, including AP since 2013, advise against "illegal immigrant" on the grounds that the adjective describes an action rather than a person.
What each term picks out
- undocumented — focuses on the absence of valid documents or authorisation.
- illegal — focuses on the status being contrary to immigration law.
Both are used of the same circumstance. The disagreement is about emphasis and about what the adjective attaches to.
The style-guide position
The Associated Press changed its guidance in 2013, advising that illegal should describe an action rather than a person — so "entered the country illegally" rather than "illegal immigrant". Several other outlets and guides followed. The reasoning given was one of precision: an act can be illegal, while calling a person illegal applies a legal judgement to their existence rather than their conduct.
The legal distinction underneath
Part of the argument turns on a real point of law. In the United States, entering without inspection is a criminal misdemeanour, but remaining without valid status — which is how a large share of cases arise, through visa overstay — is a civil matter, not a criminal one. So "illegal" as a blanket description covers situations that are not criminal offences.
The other terms in use
- irregular migrant — the term preferred by several international bodies
- unauthorised — common in US government and research usage
- out of status — technical, describing someone who entered lawfully and whose permission has lapsed
- alien — a formal legal term in US statute for a non-citizen, now widely avoided in journalism for its connotations
Choosing
Which term a writer uses is generally read as a signal, so the practical advice is to be specific about the circumstance rather than reaching for a label: "overstayed a student visa" or "crossed the border without authorisation" says more than either adjective and does not require the reader to guess your position.
Frequently asked questions
What is the difference between undocumented and illegal?
They describe the same situation with different emphasis — undocumented points at missing authorisation, illegal at the breach of immigration law.
Why do style guides avoid "illegal immigrant"?
The Associated Press advised in 2013 that illegal should describe an action rather than a person — "entered the country illegally" rather than "illegal immigrant". Several other guides followed.
Is being in a country without status a crime?
It depends on the circumstance. In the United States, entering without inspection is a criminal misdemeanour, while remaining after a visa expires is a civil matter rather than a criminal one.
What other terms are used?
Irregular migrant is preferred by several international bodies, unauthorised is common in US government and research usage, and out of status describes someone whose lawful permission has lapsed.