Legal vs Illegal Immigration

Gene Smith
3 min readJan 30, 2019


I am calling for a change in the narrative.

The conversation needs to focus on a more correct and factual foundation.

I am talking about whether immigrants qualify for the label “illegal aliens.”

The media has programmed Americans. Anyone crossing our southern border is an “illegal.” In comparison, when people enter America from the north, they are never classified as legal or illegal. They are merely “Canadian”.

More illegal entry crosses our northern border, not Mexico.

This is why the narrative needs to change.

Presumption of Innocence

Inherent in common law and the foundation of our Constitution is a presumption of innocence. Prosecutors must prove a defendant’s guilt beyond a reasonable doubt in a court of law. This is “due process.”

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury. . .nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The media broadcasts the lie that “illegal” people are coming here. Labeling a person as such when that individual has not been adjudicated in our court system is pre-judging based solely on their skin color or place of origin. These do not make anyone “illegal.”

Let us address the overwhelming masses trying to immigrate or seek asylum. These individuals are not here illegally. Change the narrative. Please stop the prejudicial comments about human beings seeking a better life and fleeing an unimaginable horror.

The Right to Seek Asylum

The US Constitution guarantees anyone the right to immigrate here for the purpose of seeking asylum. So to call those asylum seekers illegal is immoral. Coming here for a legal purpose like asylum does not make one illegal.

Let us look into the root cause of this divisive rhetoric. It is an old demon that has been around since the dawn of man, and that is racism. The good thing is that since we know that, we can…



Gene Smith

Juris Doctor, Retired Law Enforcement, contributor to The Ascent. Host of the podcast, “Hanging ith Uncle” #follow back followers