The term “illegal alien” is used in federal statutes such as 8 USC 1365, 8 USC 1611, 6 USC 240, 13 USC 141, and 18 USC App. 1201-1203.

It is not a racial slur. Illegal aliens can be of any race. They are here illegally, so “illegal” is an accurate description. “Alien” is not a slur. My wife was a “legal alien” when I met her, and she referred to herself as such, because she was in the U.S. on a temporary visa when we met and got married, and thus had no right to remain in the U.S. permanently. As my wife sometimes tells me, “you married an alien.” (She was an employee of the Embassy of Gabon when I met her). ...

The student’s use of the term “illegal alien” didn’t reflect any hostility to immigrants — he was just giving an accurate example in response to a teacher’s question. But even if it had reflected anti-immigrant sentiment, it was still protected by the First Amendment. There is no “antiracism” or “anti-immigrant” exception to the First Amendment.