1979 11 00 OMNI - Illegal aliens

Magazine Overview

This issue of OMNI magazine features an article titled "ILLEGAL ALIENS" by Robert A. Freitas, Jr., with artwork by H. R. Giger. The cover story delves into the complex legal implications and entanglements that would arise if extraterrestrial beings visited Earth.

Illegal Aliens: Visitors from Space Pose Legal Entanglements of the Third Kind

The article begins with a dramatic fictional scenario: an alien spacecraft lands on the White House lawn, and the extraterrestrial visitor is shot and killed by security personnel. This incident sets the stage for a detailed legal analysis of how such an event would be treated under existing laws.

Freitas argues that current American law divides all living entities into three categories: "plants" (incapable of voluntary movement), "animals" (capable of voluntary movement but not human), and "persons" (human beings). Crucially, legal rights and responsibilities are afforded only to persons. Therefore, an extraterrestrial (ET), not being human, would likely be classified as an animal, or even *fera naturae* (wild animal), and thus be considered mere property.

This classification has significant consequences. For instance, under current homicide statutes, killing an ET would not constitute murder because the victim is not a human being. Conversely, if an ET killed a human, it would not be murder either, as the perpetrator is a nonhuman. Similarly, the article posits that crimes like rape would not apply, as the legal definitions of 'man' and 'woman' are strictly limited to the human species. Even bestiality statutes, which address sexual activity with animals, would likely not apply to an ET, leaving the alien partner legally unaccountable.

The author highlights historical precedents where certain groups of humans (like blacks, children, or foreigners) have been treated as nonpersons, suggesting that ETs might face a similar fate. The article also touches upon corporate personhood as an example of legal status being granted based on specific conditions.

Legal Status and Potential Classifications

Freitas explores various ways ETs might be legally categorized:

• Animal: The default classification, treating them as property with no rights.
• Refugee: Defined as a person uprooted from their home seeking protection from a government other than their former one. While refugees may have limited rights, in countries that have adopted the convention relating to the status of stateless persons, they receive rights similar to foreign nationals.
• Alien: Persons owing allegiance to a foreign government. In the US, aliens are protected by the Bill of Rights and subject to criminal jurisdiction.
• Illegal Alien: An ET might commit a technical illegal entry, leading to deportation proceedings.
• Alien Enemy: If perceived as a threat, an ET could be apprehended, restrained, and removed.
• Essential Alien: An ET deemed vital to national security or intelligence missions could be admitted for permanent residence, bypassing normal immigration procedures.
• Alien Crewman or Alien in Transit: Exempt from immigration laws due to temporary stay.
• Visiting Alien: Exempt if entering for business, pleasure, or as a specialist.
• Ambassadorial Status or Consul: Granting diplomatic immunity from prosecution.
• Honorary Citizen: A special act, similar to the one granting Sir Winston Churchill honorary US citizenship.

The Code of Xenorabi: New Legal Frameworks

If ETs become a significant presence, new legal classifications will be necessary. The article proposes concepts like:

• Xenocide: The slaying of an extraterrestrial person, with potential for special punishments.
• Semicide: Killing an individual member of a collective alien consciousness.
• Anthroposexus: Unlawful sexual activity with human beings, with potential classifications like prostitutional, forcible, adulterous, or seduction anthroposexus.
• Xenogamy: Marriage between a human and a sentient nonhuman, modeled after old miscegenation statutes.
• Petit Cannibalism: A human act of consuming another being, contrasted with a potential alien greeting behavior.
• Involuntary Vility: Exposing a shockingly ugly physical appearance that causes hysteria.
• Telerape: The crime of telepathic extraterrestrials unlawfully reading the minds of human sexual partners without consent during intercourse.

Defenses and Punishments

The article also considers potential defenses for ETs, such as lack of capacity (akin to insanity), mental immaturity, or infancy. It notes that criminal acts must have been criminal at the time they were committed. Furthermore, the requirement for an "impartial jury" could necessitate having at least one juror of the ET's own species.

For punishment, the concept of "pro rata sentencing" is introduced, suggesting that prison terms should be adjusted based on the ET's lifespan. Shorter-lived species would receive shorter sentences, while longer-lived ones would receive proportionally longer ones. Life-fractions could be used as a unit of punishment.

Conclusion

The article concludes with a fictional scene of the alien craft departing, leaving a hushed crowd. The final lines suggest that while illegal aliens are not safe on Earth now, this situation may change in the future. The painting by H. R. Giger visually reinforces the unsettling and alien nature of the subject matter.

Recurring Themes and Editorial Stance

The primary theme is the profound legal and societal challenges posed by the potential arrival and interaction of extraterrestrial beings. The magazine, through this article, adopts a speculative and analytical stance, applying existing legal frameworks to hypothetical scenarios and proposing the necessity for future legal evolution. It highlights the anthropocentric nature of current law and the difficulties in extending rights and responsibilities beyond the human species. The article implicitly argues for a more inclusive definition of 'personhood' based on sentience and consciousness, rather than solely on species. The overall tone is serious and thought-provoking, using legal theory to explore the implications of first contact.