The Illegal Immigration Reform and Immigrant Responsibility Act of 1996: an overview

"On September 30, 1996, President Clinton signed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (1996 Act), Pub. L. No. 104-208, 110 Stat. 3009. After an intense lobbying effort by the business community, most provisions relating to legal immigration were omitted from the final bill. Instead, the 1996 Act focuses on illegal immigration reform and includes some of the toughest measures ever taken against illegal immigration." Aspects considered include border enforcement, penalities against alien smuggling and document fraud, deportation and exclusion proceedings, employer sanctions, welfare provisions, and changes to existing refugee and asylum procedures.     

The politics of immigration reform

The US is the target for international migration, now more than ever. Population growth and economic stragnation in the Third World are increasing the pressures for out-migration, and current immigration law is wholly incapable of responding to the ever increasing flow of illegal immigrants. Border apprehensions of illegal aliens in the US were up 40% during 1983, and total apprehensions reached 1.25 million by the year's end. Recent public opinion polls have disclosed that an overwhelming majority of the American public demands immigration reform, and yet we as a nation have been distinctly unwilling or unable to respond to this clear public sentiment. This paper discusses the politics of the "Simpson-Mazzoli" Immigration Reform and Control Act, previous immigration legislation, current counterproposals for US immigration policy, and the political realities of immigration reform.     

Community Versus Commonwealth: Reappraising the 1971 Immigration Act

The 1971 Immigration Act constitutes the most important piece of legislation for the regulation of immigration to Britain. Many assume that the Act was simply a further extension of the restrictive measures established over the post-war period to end non-white immigration. Based on original archival material, I argue that the Act was established in reaction to the dilemma the government faced as a result of joining the European Economic Community and the free movement of workers against Commonwealth migrants. The Act represents the final dismantling of universal Commonwealth citizenship and, in this sense, a definitive acceptance of the end of the Empire.     

Migrants and asylum seekers: policy responses in the United States to immigrants and refugees from Central America and the Caribbean

This article analyzes the complex political environment of US immigration and refugee policies in which tensions exist, especially with regard to Central America and the Caribbean. Recommendations for managing it more effectively in the future are discussed. Several western countries, including the US, have implemented stricter restriction policies as a result of the perceived threats to their economies and cultural homogeneity. In general, US immigration policy has addressed both economic concerns and domestic pressures, whereas US refugee policy has reflected foreign policy concerns. As a result of these policies, there has been an increasing number of immigrants from Mexico, as well as huge numbers of refugees from Cuba and Nicaragua. Yet, there has been limited acceptance of asylum seekers from Haiti, El Salvador and Guatemala. Among the policies passed by the US Congress to reduce illegal immigration and limit assistance to legal immigrants were the Welfare Reform Act, Illegal Immigration Reform, Immigration Responsibility Act of 1996, and the Proposition 187 movement. Revisions in the procedures of the Immigration and Naturalization Service were also made.     

U.K. statistics on immigration: development and limitations

This article discusses the data on international migration to the UK, their limitations, and their origins. No 1 source gives a demographically satisfactory account of net migration, and different sources of data are not compatible with each other. Their present form can only be understood in the context of a reluctant acceptance, in the face of domestic political pressure, of the need to impose the same controls on the entry of Commonwealth citizens from 1962-1971 as had been imposed on the entry of aliens since 1920. Coleman asserts that UK migration statistics suffer 1 major omission and several systematic deficiencies. The omission is the absence of any information, either from the International Passenger Survey (IPS) or from the Home Office, on gross or net migration flows to the UK from the Republic of Ireland. Neither the IPS nor the Home Office data provide a very satisfactory form of measurement of other migration streams. Neither has much time depth, the former not existing before 1963, the latter being affected by changes in rules and procedures. As a voluntary sample with only relatively few interviews per year on intended migrants, the IPS can only provide a crude overall estimate of the general demographic import of migration flows, incapable for statistical reasons of any refined sub-division or analysis, and prove both to error and bias. The Home Office statistics do not treat immigration in a demographically useful way. They measure flows only in 1 direction, provide no demographic or socioeconomic characteristics on those accepted for settlement, and are not compatible with the IPS in most ways. For political reasons, no action to resolve the Irish anomaly is likely, especially when the trend is for less, not more, control and counting on the entry of European Community citizens.     

One century of foreign immigration to the United States: 1880-1979

Due to declining fertility rates and increased numbers of immigrants, legal foreign immigration now comprises 1/4 of the US's annual population growth. This article uses 1900-1979 Immigration and Naturalization Service data on immigrants' intended destination to examine immigration policy and its effect on immigrants and the American people. From the US's beginnings to the 1880s, immigrants came mainly from Great Britain, Germany, and other Northern and Western European countries, in the 1890s; over 70% of immigrants came from Italy, Austria, Hungary, Russia, and Germany. Immigration had peaked at over 1 million persons a year at the outbreak of World War I, then declined sharply, and rose again greatly during the first 2 decades of the 20th Century. The first significant legislation to restrict ethnic groups was in the early 1880s with the Chinese Exclusion Act; In 1924, Congress passed the 2nd Immigration and Naturalization Act which used the 1890 census to set quotas for ethnic groups, and later used the 1920 census to fix quotas in the national origins system; both pieces of legislation favored Northern and Western Europeans. Immigration declined drastically during the 1930s and early 1940s, but the Displaced Persons Act, the War Brides Act, and 1950s legislation allowed more Asian refugees and some other ethnic groups to enter the country. The nationality origins quotas were eliminated in 1965, and were followed by dramatic changes in immigration character as persons from formerly low quota nations flooded into the US. 1976 and 1978 legislation made immigration still more equitable, and the Refugee Act of 1980 allowed admittance of 50,000 refugees with no regard for geographic or ideological biases. A preference system, in operation since 1924, has favored relatives of citizens and immigrants with certain skills. Females presently outnumber male immigrants, average immigrant age is 26.2 years, and over 1/2 of the immigrants since 1950 have been housewives, children, or others with no occupation. In the 1970s, 1 in 10 immigrants was a professional or technical worker, probably from Asia. In 1900, most immigrants headed for mainly northern, industrialized cities, especially New York. In recent years, too destinations have included New York, California, Washington, Texas, and Florida. Throughout the century, 3/5 immigrants went to only 5 states, so many states have received very few immigrants since 1900. Due to the amount spent on receiving refugees, and economic and job problems, many Americans think immigration should be greatly limited. Today's 1 million legal and illegal immigrants will continue to change the composition of the American population, as the long established Northern and Western European population declines.     

Immigration reform,American style

This article reviews the background of the proposed Immigration and Reform Act (also known as the Simpson-Mazzoli bill), which seeks to overhaul US immigration law for the first time since 1952. This bill is consistent with President Reagan's hard line on border enforcement and mandates stiff penalties for those who transport illegal aliens for commercial advantage or private profit. It further offers Mexico preferential treatment in immigration (40,000 additional visas/year). It includes an amnesty program to offer legal status to qualified illegal residents. The bill directs the President to develop a secure national worker identification system and would create a large-scale temporary foreign agricultural program for perishable commodities. Agricultural workers' families would not be eligible to accompany them unless they also obtain temporary visas. Foreign temporary workers, employable only in cases where local domestic workers are not available, must be provided with wages and working conditions equal to those prevailing among domestic workers. Stiff penalties are stipulated for employers who fail to abide with the terms of the program. In the author's opinion, this bill fails to appreciate the global character of international migration and its complexity. It relects a fundamental ambivalence about a strictly controlled main gate versus a back door approach to immigration as well as the conflicting images of the US as a nation of immigrants versus the historical reality of American nativism and xenophobia. Needed are comprehensive initiatives whose mutually reinforcing components can address the multiple dimensions of the immigration problem within a framework that does not ignore workers who have contributed to the economic well-being of the US, regardless of their legal status.     

Analysing the creation of apartheid for asylum seekers in the UK

This article provides an examination of the contradictory conceptions of community and the misrepresentation of economic migration which have informed the UK Labour government's ‘modernisation’ of immigration and asylum policy. It does so by providing an outline of the provisions of the 1999 UK Immigration and Asylum Act‐in particular the new support system for asylum seekers‐and by examining the thinking which informs and justifies the legislation. It argues that UK immigration and asylum policy has continued to draw on notions of community which, in an unacknowledged way, relate to the categories of nation and ‘race’. It also argues that asylum policy is built on an ideological construction of the ‘economic migrant’ which is wholly misleading and lacks any serious evidential support. The article concludes that there is a continued, although unacknowledged, adherence to a version of British nationalism based on an ‘imagined community’ of nation which has long racialised particular groups of migrants and their descendants. The result is to maintain and modernise the racism of UK immigration controls. Este artículo ofrece una examen de los conceptos contradictorios de comunidad y de la tergiversación de la migración por razones económicas que han informado la modernización de la política del gobierno laborista del Reino Unido en cuanto a inmigración y asilo. Facilita el examen por un resumen de las disposiciones de la ley 1999 UK Immigration and Asylum Act‐en particular el nuevo sistema de apoyo para los que buscan asilo‐y por un examen del pensar que informa y justifica la legislación. Sostiene que la política del Reino Unido en materia de inmigración y asilo sigue haciendo uso de nociones de comunidad que, de una manera no reconocida, están relacionadas con categorías de nación y raza. También sostiene que la política en cuanto a asilo se basa en una construcción ideológica del ‘migrante por razones económicas’ que es a la vez engañosa y falta de pruebas serias. El artículo concluye que existe una adhesión continua, pero no reconida, a una versión de británico que se basa en una ‘comunidad imaginada’ de nación que por mucho tiempo ha discriminado por raza a ciertos grupos de migrantes y a sus descendientes. El resultado es el mantener y modernizar el racismo del control de immigración del Reino Unido.     

Framing and immigration through the trump era

For the last decade, undocumented or illegal immigration has been one of the most contested policy issues in the United States, with significant news attention on policies affecting the undocumented population, ranging from deportations to comprehensive immigration reform, the DREAM Act, and Deferred Action for Childhood Arrivals. Despite these prominent and multifaceted policy debates, scholarship on media framing and public opinion remain more focused on the portrayal of immigrants rather than policies affecting them. In general, scholars find that policy frames are far more consequential to public opinion than equivalency frames (variations in how news media describe unauthorized immigrants, either as “illegal” or “undocumented”) or episodic frames (whether news articles are heavy on human‐interest stories rather than policy facts and statistics). Also, negative frames generally have stronger effects than positive frames, and these effects sometimes vary by partisanship and family migration history. Finally, the relative infrequency of powerful frames in news stories, like a life spent in the United States, provides opportunities for advocates to move public opinion on immigration policy. These findings have important implications for future battles over immigration policy in the United States, which show no signs of abating.     

Trends in Socioeconomic Achievement among Immigrant and Native-Born Asian-Americans, 1960–1976*

The first waves of Asian immigration to the United States were halted by exclusionary and racist legislation in the late nineteenth and early twentieth centuries. With the reforms of the 1965 Immigration Act, there has been a resurgence of immigration from Asia. This study analyzes changes in the socioeconomic composition of immigrant and native-born Asian-Americans (Japanese, Chinese, and Filipinos) from 1960 to 1976. The educational levels of all Asian groups, immigrant and native-born, have equaled or exceeded those of whites in recent years. Asians are more likely to be found in professional occupations than are whites, although there is also a concentration of immigrant Chinese and Filipinos in service occupations and the retailtrade sector. Native-born Asian-Americans have reached parity with whites in terms of average earnings, though immigrant Asians remain far behind. The findings are discussed in light of the changing structural conditions and opportunities of Asians in American society.     

The universal acts

Drawing on official acts of Western multicultural democracies – predominantly the UK Nationality, Immigration and Asylum Act (2002) and its accompanying documents and actions – this article investigates, via an engagement with Judith Butler, the constitution of ‘the biopolitics of immigration’. It also argues that the biopolitics of immigration both presupposes – in the form of an injunction – and produces a certain ethics: what the author calls, drawing on Butler's work, ‘an ethics of bodies that matter’. This ‘ethics of bodies that matter’ will be seen as a source of political hope; it will guarantee the possibility of enacting differently the political acts that regulate the issues of asylum, immigration and nationality.     

The impact of IRCA on the job opportunities and earnings of Mexican-American and Hispanic-American workers

The 1986 Immigration Reform and Control Act (IRCA) introduced substantial civil and/or criminal penalties to employers who hire illegal workers, with the main goal of reducing the demand for undocumented labor. However, in the interest of addressing certain concerns about the law, the Immigration Act of 1990 was passed to require various branches of the federal government to intensify efforts to disseminate the antidiscrimination provisions of IRCA. The authors studied the earnings gap between Mexican, Hispanic, and non-Hispanic white male workers which resulted from changes in both the wage structure and immigration laws of the 1980s. It appears that Mexican and Hispanic workers were adversely affected by the changes. The analysis of data from the 1980 and 1990 1% Public Use Microdata Samples determined that Mexican and Hispanic labor were adversely affected by the increase in the returns to skills during the 1980s given their relatively lower levels of educational attainment and labor market experience. At-risk workers increased their work effort and level of productivity to reduce the effects of legislation-induced employment losses. Data were also used from the National Longitudinal Survey of Youth and the Equal Employment Opportunity Commission for the period 1983-92.     

The evolution of French immigration policy after May 1981

Changes and continuities in French immigration policies, following the assumption of power by the socialist government in 1981, are described. Attention is focused on the political implications of immigration and on the role of immigrants in French politics. Efforts to restrict immigration to France were initiated in 1931, but clandestine immigration, especially from Portugal, remained largely unchecked for 4 decades. In the early 1970s, stricter enforcement measures were adopted, but these measures met with considerable international and national opposition. In 1977, the government altered its approach to immigration by offering financial aid to help illegal migrants return to their countries of origin. These efforts met with little success, and in 1980 the government initiated measures to promote the integration of immigrants into French society. The socialistic government basically adhered to the immigration policies of the preceding government. The current government seeks: 1) to stop further illegal immigration through the intensification of border controls, 2) to grant amnesty to illegal aliens who currently reside in the country and who meet certain employment requirements, 3) to penalize employers who hire illegal aliens or who contract to bring illegal aliens into the country, and 4) to improve living conditions for legal immigrants. The politicalization of immigration has increased in recent years. Current issues center on the human and political rights of migrants and on arbitary administrative efforts to control immigration. It was expected that migrants would acquire political rights after the 1981 election; however, this expectation was not realized, and the political status of immigrants remains an unsettled issue. Consequently migrants have become pawns in the political struggle between different groups in the population both at the national and the local level. Immigration threatens to become an explosive issue. At the same time, migrants themselves are playing an increasingly prominent role in political activities, such as rent strikes and protest movements.     

Implementation of Congressional intent: a study of amnesty policy and the Immigration and Naturalization Service

Despite the passage of the Immigration and Control Act of 1986 (IRCA) the United States Border Patrol arrested about 1 million illegal aliens crossing the border in 1990. This phenomenon suggests that the IRCA has failed to control illegal immigration to the United States. Structural analysis of its implementation by the Immigration and Naturalization Service (INS) was analyzed. Under an agreement with the INS to process illegal workers, community-based organizations in Arizona and New York became certified Qualified Designated Entities (QDEs). In 1988 the INS carried out a study to measure the impact of IRCA and solicited data from 9 QDEs. Data were obtained from 308 illegal aliens who failed to apply for amnesty and another 286 temporary legal residents. In the New York study information was collected from the QDEs between 1987 and 1989, and also in the summer of 1989 a group of 171 amnesty applicants were surveyed. All QDEs stated that implementation was hampered by excessive documentation, lack of strong family unification provisions, the financial cost of seeking legalization, and a fear of the INS. The Arizona and New York studies indicated that excessive documentation, fear of the INS (46% in New York), and fear of family separation (47% in New York) were the major factors why the targeted people did not come forward. Instead of seeking a proper balance between the written words of IRCA and the intent of Congress, INS developed guidelines that ignored the relevant facts presented by respected QDEs and Latino groups. In reality, INS sought to prevent illegal entry through amnesty offices throughout the United States. The eligibility requirements issued by the INS for amnesty served to limit and constrain participation in that program.     

Family reunification and Philippine migration to the United States: the immigrants' perspective

This article focuses on the impact of the family reunification provisions in the US immigration policy for legal immigration from the Philippines. Immigration and Naturalization Service data on the changing pattern of Philippine immigration to the US between 1971 and 1984 show an increase of nearly 2 1/2 times in the number of immediate family members exempt from numerical limitations, a doubling in the number of immigrants entering under family preference categories, but a marked decline in the number of occupational preference immigrants. Immigration-related plans, behavior, and characteristics from the immigrants' perspective are also analyzed. A family unification policy-based typology has been constructed to categorize intended and actual immigrants to the US. Using this typology, systematic differences are reported for out-migration plans, family contacts, the immigration process, and the characteristics of intended and actual immigrants. While political and economic system competition and inequality are contextual factors for international migration, from the immigrants' perspective, joining family members by means of the family reunification provisions of the US immigration policy is the dominant explanation for legal immigration to the US in a sample of 1340 adults in Philippine households in 1982.     

Immigration to Spain: implications for a unified European Union immigration policy

A unified immigration policy is one of the prerequisites for establishing the free movement of people within the European Union (EU). This paper considers the difficulties in establishing a joint policy on the free movement of people within the EU by focusing upon changing immigration policies in Spain. By comparing Spain, a country of only recent, small-scale immigration, to Germany, a country with a longer history of non-European immigration, obstacles to developing and effectively implementing coordinated immigration policies among EU members can be elucidated. The administrative control of entry, estimates of legal and illegal immigrants in the country, and the status of bilateral relations with Morocco are examined in order to highlight the political difficulties encountered in a unified immigration policy both within Spanish society and for the EU. Spain is both a threshold to the EU and a destination. Border control may be the easiest part of implementing a joint immigration policy in the EU. It is more difficult to control settlement. In addition, high rates of unemployment may result among the native host country populations as immigrants more readily accept low-skilled, low-paying jobs.     

Physician-nurse migration to the United States: regional and health status origins in relation to legislation and policy

This article examines the origins of physicians and nurses who were admitted as permanent immigrants to the US from 1962-1979. Data are mainly from the Immigration and Naturalization Service. Countries used in the developmental analysis are only those whose population was estimated at 1 million or more as of mid-1979, encompassing 99% of the physicians and 97% of the nurses. Life expectancy at birth is the criterion used to differentiate origin countries by developmental dimension of health status. During the study period, health workers constituted about 30% of immigrants admitted to the US; of these, nurses and physicians constituted 72-82% throughout the study period. The period 1962-1979 has 4 distinct phases, marked by important legislative and/or policy changes; 1) 1962-1965, when the McCarran-Walter Act prevailed; 2) ending in 1968, the 2nd phase covers the transition mandated under the 1965 Immigration Act, which encouraged physician immigration; 3) the 3rd phase, 1969-1976, covers the transition to the 1976 Immigration and Nationality Act amendments; and 4) the 4th stage is 1977-1979. Results show that 1) under the McCarran-Walter Act, North America became the dominant physician source; 2) from 1966-1968, Asia attained dominance as the physician source and became even more predominant after 1968; 3) North America produced relatively few physicians in the early 1970s; 4) Europe produced substantially fewer physicians in the 1970s than in the 1960s; 5) South America, Africa, and Oceania were the lowest contributors of physicians; 6) during the McCarran-Walter years, North America and Europe produced almost 90% of nurses admitted into the US; 7) the 1965 Immigration Act and its aftermath resulted in Asia becoming the dominant source of nurses; 8) prior to the 1965 Immigration Act, Canada generated 20% of the aggregate number of physicians; 9) the Philippines surpassed Canada during the transition and India led after the transition; and 10) Canada supplied 30% of the nurses up through the transition, with the Philippines in the lead 1969-1979. Low health status countries were a relatively minor nurse source. Health status at the origin was a far less significant determinant of physician immigration than that of nurses. English language high and low health status country groups produced substantially more physician and nurse immigrants that their corresponding non-English language counterparts. The US attracted more physicians and nurses from less developed countries than more developed countries after 1968.     

Occupational status and mobility among undocumented immigrants by gender

Immigration has long been a national and state concern. The 1989 Legalized Population Survey (LPS-1) collected data on illegal immigrants to the US who subsequently became legalized aliens under the provisions of the 1986 Immigration Reform and Control Act. These data are used in a study assessing whether undocumented male and female immigrants improve their earnings and occupational status over time and the extent of variation in occupational status and mobility by gender and region. The data indicate that both undocumented men and women, on average, improved their earnings and occupational status between their first jobs in the US and their jobs just before applying for legalization under the 1986 Immigration Reform and Control Act. However, the earnings, occupational status, and occupational mobility of men were greater than for women.     

Illegal immigrants in Canada: recent developments

Immigration policies and their management in a country like Canada have long been an interesting and instructive study for other countries. 1) With borders naturally protected by great distance from almost all migrant routes; 2) with a long, undefended border with the US and a further 3000 kilometers to its border on the south; 3) with a parliamentary system capable of comparatively rapid legislative and administrative responses to problems; and 4) with a relatively small legal, and even smaller illegal, population Canada had historically "experimented" with novel, often quite creative, immigration policies and programs to both encourage and control the increases in its population. This paper summarizes what Canada did and is doing in response to am important item of public policy--the entry and presence of illegal migrants. Canada has experimented with 1) discretionary amnesty for long-term illegals with a capacity to be successfully integrated into Canadian life, 2) tighter border controls with the extended use of the visitor's visa, and 3) employer sanctions. To address the problem more substantively, however, requires detailed study and significant change, including legislative change.     

The "amnesty" aftermath: current policy issues stemming from the legalization programs of the 1986 Immigration Reform and Control Act

"The 1986 Immigration Reform and Control Act (IRCA) created two one-time only legalization programs affecting nearly 3 million undocumented immigrants. Legalization has produced important changes among immigrants and in immigration policy. These changes include new patterns of immigrant social and economic adaptation to the United States and new immigrant flows through family ties to IRCA-legalized aliens.... This article combines data from a longitudinal survey of the IRCA-legalized population with qualitative field data on current immigration issues from key informants in eight high-immigration metropolitan areas. It reviews the political evolution and early implementation of legalization, the current socioeconomic position of legalized aliens, and changes in the immigration ?policy space' resulting from legalization."