IMMIGRATION REFORM

Immigration Reform



Immigration Reform

Immigration Reform

Through the Immigration Reform and Control Act of 1986 (IRCA), Congress sought to regularize the status of millions of undocumented immigrants in the United States, regain control of the country's borders, and meet the needs of certain industries that relied on foreign-born labor through three major mechanisms. First, employer sanctions made employing anyone not a citizen or otherwise authorized to work by the federal government unlawful and subjected employers to civil and criminal penalties. Second, many persons who had been living in the United States without permission were enabled to apply for a legal status that led to Lawful Permanent Residence (LPR) and the possibility of naturalization. Third, agricultural workers who could demonstrate certain past employment were also able to achieve LPR. IRCA's enactment, procedures, and benefits were controversial from the start and have resulted in much litigation and disputes over eligibility that continues into the 21st century.

In 1978, Congress established the Select Commission on Immigration and Refugee Policy to investigate immigration in the United States and to recommend immigration law reform. The Commission had three goals: maintaining national borders, respecting the rule of law, both in terms of enforcement at the border and due process for those placed in immigration proceedings, and fostering an open society dedicated to welcoming a reasonable number of immigrants annually and providing a path to citizenship and full social participation. Congress received reports that anywhere from 0.6 million to 12 million undocumented persons lived in the United States, with the best estimates falling between 3.5 and 6 million persons.

IRCA revealed the complexity that exacerbates the difficulty of immigration reform in this nation. IRCA evolved out of a congressional effort to reconcile conflicting objectives such as encouraging an open democracy by furthering freedom of movement, trade, and tourism while retaining secure borders. Congress intended to prohibit unauthorized work without compromising civil liberties or encouraging new discrimination against citizens who might appear to be foreign-born. In addition, Congress sought to encourage economic growth without intensifying the economic magnet that pulls migrants across borders. Finally, Congress attempted to resolve the justice issues raised in treating a large population that lives out of status, in part, due to an overburdened immigration process in which many fall through the cracks and that divides families into different legal statuses that force otherwise eligible families to live apart for many years.

Through IRCA, Congress attempted to balance these needs by adopting most of the Select Commission's recommendations. First, Congress sought to stop unauthorized immigration by turning off the magnet of jobs. Second, Congress offered legalization to most persons who had been living in an unlawful status since 1982. Third, Congress provided legalization to farm workers who could show past employment.

IRCA first broke new ground in limiting the freedom of all U.S. citizens to seek employment wherever they chose by requiring virtually every employer to initially determine whether an employee was either a citizen or otherwise authorized to work by the federal ...