The Immigration Reform and Control Act of 1986: America amends its immigration law

This disucssion of the Immigration and Control act of 1986 covers legalization, employer sanctions, and foreign agricultural worker reforms. It also identifies other changes in immigration law. The Immigration Reform and Control Act of 1986 recognizes 4 types of aliens who are eligible to receive legalization benefits: those who have resided "continuously" in the US since January 1, 1982; those who have worked in US perishable crop agriculture for 90 "man-days" each year ending on May 1, 1984, May 1, 1985 and May 1, 1986 (special agricultural workers) or who have performed such labor for 90 man-days between only May 1, 1985 and May 1, 1986; those who have been in the US since before January 1, 1972; and those classified as "Cuban-Haitian entrants" and who have been in the US since January 1, 1982. Each legalization category has specific eligibility requirements, its own application procedures, and its own process for obtaining legal permanent resident status. The IRCA forbids employers from knowingly employing unauthorized aliens. For the 1st time in US immigration history, an employer would be punished for employing aliens without work authorization. An employer would be able to establish an "affirmative defense" in his or her behalf if the employer examined certain documents which appear to be genuine or the applicant was referred to him by a State employment agency which previously has verified the applicant's employment eligibility. If the employer is found to have violated the provisions, a cease and desist order will be issued with a civil penalty of between $250-2000 for each unauthorized alien for the 1st time the violation occurs, between $2000-5000 for each alien for the 2nd violation, and between $3000-10,000 for each alien for subsequent violations. The Act provides for criminal penalties for employers who engage in a "pattern or practice of violations." Employer sanctions will not be effective for 18 months following passage of the Act. The changes which the IRCA introduced in terms of foreign agricultural workers fall into 2 broad categories: a formula for recruiting foreign agricultural workers for permanent residence in the US beginning with 1990 (replenishment workers); and changes in the existing system of temporary foreign workers for agricultural work. Among other things, the Act also increases colonial quotas to 5000 from 600, offers special immigrant status to certain officers and employers of international organizations and their immediate family members; and offers nonimmigrant status for parents and children of aliens given spcial immigrant status.     

Ethnic Networks and Illegal Immigration

Illegal immigration through human smuggling originating from the Fujian Province, China, has become a global issue, affecting at least 30 countries. The empirical research on the financial element of illegal immigration suggests the important role of an underground banking system. This study examines the role of ethnic networks in sustaining the operation of Chinese-operated informal fund transfer systems in the United States. The primary source of data is from in-depth interviews with illegal immigrants in New York City and Philadelphia. The findings show that as opposed to lineage-based networks, the networks based on regional dialect allowed illegal Fujianese immigrants, as well as underground bank proprietors, to take advantage of social capital inherent in the expatriate ethnic community. The high levels of trust between underground bank proprietors and their clientele can be understood as resulting from ethnic solidarity and enforceable trust. These features are found to be troublesome at the community level because the research findings illustrate that a community of high ethnic interactions espouses a deviant culture or norms that encourage widely accepted but illegal practices.     

Artificial Intelligence and Predicting Illegal Immigration to the USA

The number of Mexican immigrants in the USA tripled between 1990 and 2015. In 2015, about 12 million undocumented immigrants lived in the USA, including 6.6 million undocumented Mexican immigrants. More than half of the undocumented immigrants in the USA enter the USA legally and overstay their visas. Therefore, it is essential to predict whether visa applicants overstay their visas or not. We use a set of pre-immigration variables for more than 6,281 individuals from Mexico to predict their legal status in the USA. By using eight machine learning techniques, we conclude that we can predict correctly the legal status of 80 per cent of Mexicans who migrate to the USA.     

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."     

Illegal migration in Taiwan: a preliminary overview

Since 1986, there have been indications that Taiwan (the Republic of China) has been experiencing an increase in illegal migration. Despite a lack of data describing the number, origins, and demographic characteristics of the illegal migrants, an open policy debate has been carried out by economic and social planners, entrepreneurs, and labor leaders. Interviews with representatives of these 3 groups suggest that, contrary to expectations, planners favor the legalization of foreign workers; individual entrepreneurs also consider legalization a wise option. Labor leaders, as expected, are opposed to the use of imported labor. In January 1990, the Executive Yuan (Assembly) adopted regulations permitting limited use of foreign labor. The increase in illegal migrants and the decision to regularize their status suggests the need to review carefully the implications of all planning initiatives as far in advance as possible, and preferably when development plans are being initially implemented.     

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.     

The Relationship Between the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and Innovative Welfare Practices on a Local Level

SUMMARY

Part of the intention of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) was to encourage the development of innovative welfare programs on a state and local level. The Act removed stringent federal regulations regarding the design and implementation of cash welfare programs. The freer programmatic environment was to assist local offices in addressing the unique needs of their particular clients as they moved from welfare to work within a time limited setting. In an attempt to examine if this intended piece of the policy was implemented, qualitative data were collected from a statewide sample of local Division of Family and Children Services (DFCS) offices in Georgia. The findings indicate that a minority of local offices engaged in innovative behaviors that were significantly different from their pre-PRWORA behaviors. Implications for welfare policy implementation and program development are discussed.     

Bridging Immigration Research and Racial Formation Theory to Examine Contemporary Immigrant Identities

This article explores the potential for linking immigration research with racial formation theory to examine contemporary immigrant identities. The current literature is dominated by three paradigms (ethnicity, nationalism, and transnationalism) and five theoretical perspectives on immigrant identities (plain American, hyphenated American, panethnic American, nationality origin, and transnational). They are all flawed in their reductions of race to the concepts of ethnicity, nationality, and transnationality. Based on my reading of the existing research, I will argue that immigration researchers can benefit from using racial formation theory to explore immigrant identity due to its acknowledgment of the autonomous power of race. However, racial formation theory has been correctly challenged due to its high level of abstraction and lack of micro‐level analyses. Certain transnational migration studies have underscored the necessity to integrate national origin into racial formation theoretical frameworks. According to this transnational perspective, my conclusion is that immigrant families represent a logical starting point for conceptualizing the relationship between immigration and racial formation.     

Labor Shortages and U.S. Immigration Reform: Promises and Perils of an Independent Commission

Comprehensive U.S. immigration reform proposals have three major elements: improved border and workplace controls, dealing with the 11 million unauthorized foreigners in the U.S., and managing “future flows” of foreign workers requested by U.S. employers. Improved controls and dealing with unauthorized foreigners were discussed extensively in the U.S. Senate in 2006 and 2007. Future flows were not. This article reviews the decisions governments face when employers request migrant workers, Britain’s independent Migration Advisory Committee, and the promises and perils of a similar U.S. commission to manage labor migration. We conclude that a U.S. commission could help to clarify the trade‐offs involved in migrant labor policy, but cannot replace the need for inherently political choices between competing policy objectives.     

Pornography, Panopticism and the Criminal Justice and Immigration Act 2008

In May 2008, the Criminal Justice and Immigration Act was passed in the United Kingdom. Among other things, this made it an offence even to possess what it describes as an 'extreme pornographic image'. This paper analyses the particular factors which gave rise to this measure, support for it amongst the police and politicians, and the problems which are likely to arise from attempts to enforce it. In particular, the paper argues that the measure is so ill-conceived that it is likely to criminalise the possession of a far wider range of images than was originally intended. More generally, the paper examines the Act in the context of (a) the increasing tendency on the part of governments both democratic and non-democratic to attempt to regulate the Internet and its users; (b) the development of the 'surveillance society'; and (c) New Labour's marked tendency to legislate for private and personal realms traditionally regarded as out-of-bounds in a democratic polity. The paper concludes that the Criminal Justice and Immigration Act is a disturbing symptom of the development of the United Kingdom as not simply a surveillance society but also a post-social democratic state.     

Immigration: an international economic perspective

The creation of an effective US immigration policy has been complicated by the diversity of political interests and the absence of reliable statistics to determine the magnitude of the impact on the American economy. Estimates of the number of illegal aliens in the US range from 1 to 12 million. While political biases and complexities and data inadequacies complicate this analysis, some generalizations seem to be confirmed by worldwide experience. There are 2 mutually-supportive, short-run ways to reduce the flow of undocumented workers: 1) to better police US borders and shorelines and 2) to remove the motive for entry by making it illegal for employers to hire workers who are not authorized to work in the US. To give employers an easy defense and to facilitate their compliance with immigration laws, an effective worker identification system should be developed. To avoid the civil liberties, international relations, and human problems associated with mass deportations, illegal immigrants who entered the US before January 1, 1981 and who have been in continuous residence for at least 1 year, should be permitted to remain in the US as permanent resident aliens. The US should not adopt a new guest worker program. The proper sequence of changes in immigration policy is very important. Dealing with illegal immigration is essential; all these measures should be in place before an amnesty is granted. Because it is important to have friendly relations with neighboring countries and because the ultimate solution to illegal immigration is to reduce the wide disparities in employment opportunities between countries, the US should work with other countries to control illegal immigration, but should not link control to energy, trade, or other policies. It is particularly important to discuss immigration control plans with other countries, especially Mexico, and to do everything consistent with US interests to minimize the adverse impact of our immigration policies on our neighbors.     

Welfare Reform and Immigrant Participation in Welfare Programs

This article examines the impact of the 1996 welfare reform legislation on welfare use in immigrant households. Although the data indicate that the welfare participation rate of immigrants declined relative to that of natives at the national level, this national trend is entirely attributable to the trends in welfare participation in California. Immigrants living in California experienced a precipitous drop in their welfare participation rate (relative to natives). Immigrants living outside California experienced roughly the same decline in participation rates as natives. The potential impact of welfare reform on immigrants residing outside California was neutralized because many state governments responded to the federal legislation by offering state‐funded programs to their immigrant populations and because the immigrants themselves responded by becoming naturalized citizens. The very steep decline of immigrant welfare participation in California is harder to understand, but could be a by‐product of the changed political and social environment following the enactment of Proposition 187.

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Nationwide Newspaper Coverage of Immigration Reform: A Community Structure Approach

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