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.     

Preliminary results of the IRCA legalization programs at the end of phase I

A remarkable gulf in interpretation and evaluation of the 1986 implementation of the Immigration Reform and Control Act (IRCA) exists between various schools of analysts. Some feel that the law has not changed conditions much, while others consider the legalization program and employer sanctions successful. Altogether, IRCA included 6 specific legalization opportunities. The 2 major ones concerned aliens who had resided illegally in the US since January 1, 1982 and alien farm workers who had worked illegally in the US for at least 90 days between May 1, 1985 and May 1, 1986. Issues concerning the pre-1982 or general legalization program include 1) the 5-year gap between the eligibility cutoff and the start of the legalization program made the principal US legalization program more restrictive than comparable legalization policies in other market economy countries, 2) it did not provide for immediate derivative legislation for family members of an illegal alien eligible for legalization, and 3) analysts disagree on the evaluation and the effectiveness of the public information campaign to inform eligible aliens of the legalization opportunity. The application procedure for the Special Agricultural Worker or SAW was much simpler than for the general legalization program. SAW applicants could apply at US borders. 10% of SAW applications were denied, due to fraud and other reasons, as opposed to 2% for applicants to the major legalization program. Both programs attracted mainly Mexican applicants. The total number of SAW applications received will help to determine future need for alien farm workers. 1 of the most important differences between the SAW and the pre-1982 legalization programs is the legal status of the newly legalized: 1) to secure permanent resident alien status, pre-1982 program applicants must pass civics and English examinations within a set period of time, whereas SAW applicants do not; and 2) SAW applicants are eligible for a broader range of social benefits than those in the major program.     

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."     

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.     

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.     

The status and rights of undocumented aliens in the United States

At the most general constitutional level, American immigration law contains 3 structural features that directly affect the rights of aliens, including undocumented ones: 1) the plenary power of the national government over immigration and aliens, 2) the federal system per se, and 3) the separation of powers at the national level. 4 factors that affect the rights of undocumented aliens are 1) the possibility of formal relief from deportation, 2) the possibility of procedural challenges to deportation, 3) the possibility of delay and the resulting ineffectiveness of formal immigration enforcement, and 4) the informal system of enforcement to which the Immigration and Naturalization Service has been forced to resort. Undocumented aliens in the US have full acccess to state and federal courts, possess extensive procedural rights, and have acquired important substantive rights. Recent developments concerning the rights of undocumented aliens under domestic American law raise a number of questions that have not yet been squarely faced, much less resolved in satisfactory ways. These include: 1) the actual utilization by undocumented aliens of public benefits to which they are not legally entitled, 2) the appropriate criteria for determining which rights should be established, 3) the barriers that preve nt undocumented aliens from asserting those rights, and 4) the implications for an effective and fair US immigration policy of expanding undocumented aliens' rights.     

Gender differences in the occupational status of undocumented immigrants in the United States: experience before and after legalization

"This article examines the incorporation of a national sample of undocumented immigrants both before and after they applied to legalize their status under the provisions of the [U.S.] Immigration Reform and Control Act of 1986 (IRCA). Data from the 1989 and 1992 Legalized Population Surveys (LPS-1 and LPS-2) are used. These surveys provide labor force and occupational data for three critical reference periods: as newly arrived undocumented immigrants, as experienced undocumented immigrants, and as documented immigrants.... The overall upward mobility of both men and women between first job and the occupation held at time of application for legalization continued after legalization. On average, men also continued to report higher status jobs than women, although women did somewhat better after their status was legalized." This is a revised version of a paper originally presented at the 1997 Annual Meeting of the Population Association of America.     

Comparison of two methods for estimating the number of undocumented Mexican adults in Los Angeles County

This article compares 2 different methods for estimating the number of undocumented Mexican adults in Los Angeles County. The 1st method, the survey-based method, uses a combination of 1980 census data and the results of a survey conducted in Los Angeles County in 1980 and 1981. A sample was selected from babies born in Los Angeles County who had a mother or father of Mexican origin. The survey included questions about the legal status of the baby's parents and certain other relatives. The resulting estimates of undocumented Mexican immigrants are for males aged 18-44 and females aged 18-39. The 2nd method, the residual method, involves comparison of census figures for aliens counted with estimates of legally-resident aliens developed principally with data from the Immigration and Naturalization Service (INS). For this study, estimates by age, sex, and period of entry were produced for persons born in Mexico and living in Los Angeles County. The results of this research indicate that it is possible to measure undocumented immigration with different techniques, yet obtain results that are similar. Both techniques presented here are limited in that they represent estimates of undocumented aliens based on the 1980 census. The number of additional undocumented aliens not counted remains a subject of conjecture. The fact that the proportions undocumented shown in the survey (228,700) are quite similar to the residual estimates (317,800) suggests that the number of undocumented aliens not counted in the census may not be an extremely large fraction of the undocumented population. The survey-based estimates have some significant advantages over the residual estimates. The survey provides tabulations of the undocumented population by characteristics other than the limited demographic information provided by the residual technique. On the other hand, the survey-based estimates require that a survey be conducted and, if national or regional estimates are called for, they may require a number of surveys. The residual technique, however, also requires a data source other than the census. However, the INS discontinued the annual registration of aliens after 1981. Thus, estimates of undocumented aliens based on the residual technique will probably not be possible for subnational areas using the 1990 census unless the registration program is reinstituted. Perhaps the best information on the undocumented population in the 1990 census will come from an improved version of the survey-based technique described here applied in selected local areas.     

Geographic distribution of undocumented immigrants: estimates of undocumented aliens counted in the 1980 census by state

"This article presents estimates of the number of undocumented aliens counted in the 1980 [U.S.] census for each state and the District of Columbia. The estimates, which indicate that 2.06 million undocumented aliens were counted in the 1980 census, are not based on individual records, but are aggregate estimates derived by a residual technique. The census count of aliens (modified somewhat to account for deficiencies in the data) is compared with estimates of the legally resident alien population based on data collected by the Immigration and Naturalization Service in January 1980." Estimates are provided "for each of the states for selected countries of birth and for age, sex, and period of entry categories.... The origins of the undocumented alien population [are described], as well as some of their demographic characteristics. Some of the implications of the numbers and distribution of undocumented aliens are also discussed." This paper was originally presented at the 1984 Annual Meeting of the Population Association of America (see Population Index, Vol. 50, No. 3, Fall 1984, p. 435).     

Unauthorized workers and immigration reform: what can we ascertain from employers?

The Immigration Reform and Control Act of 1986 attempts to curb unauthorized migration by requiring employers to screen the authorizing documents of all workers. Many different documents may be used, with employers required to simply attest to the face validity of workers' documents upon an I-9 form. The authors report findings from their study estimating the unauthorized US labor force and exploring employers' initial reactions to the passage of the Immigration Reform and Control Act (IRCA) of 1986. The findings are based upon hiring practices information supplied by a sample of businesses in an evaluation of the IRCA impact. A selectivity correction model is used to impute 2.6 million unauthorized workers in the entire sample. The estimate, which compares favorably with other estimates, is tabulated by questions about IRCA. Findings suggest that a large proportion of the unauthorized labor force uses fraudulent documents, many without the knowledge of their employer. It appears that Immigration and Naturalization Service-targeted establishments hire 20% of unauthorized workers and that the employers of unauthorized workers are no more likely than other employers to believe that they can be sanctioned under IRCA. This may be associated with the apparent lack of marked change in patterns of unauthorized hiring in the period immediately following IRCA passage. There was some change in hiring behaviors in establishments hiring unauthorized workers, affecting wage offers and documentation, but US employers do not seem to perceive changes in the supply or availability of authorized workers. Study findings indicate only marginal IRCA-related changes in the characteristics of unauthorized hires during the very initial phase of IRCA's implementation. The combination of readily available fraudulent documents, the difficulty in detecting such documents, and the steady demand for low-skilled workers creates conditions which are not conducive to markedly changed hiring behavior.     

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.     

Long-term immigration to the United States: new approaches to measurement

"The United Nations has recommended the measurement of types of international migration using demographic criteria, including length of stay and purpose of travel. Information systems at the U.S. Immigration and Naturalization Service (INS) have the potential to provide a basis for documenting these demographic characteristics, in particular, length of stay of temporary migrants to the United States. This article analyzes these characteristics of selected categories of nonimmigrant aliens. The results of the analysis are used to produce series of estimates of alien immigration that conform more closely to the U.N. recommended definitions and better represent demographic concepts of long-term immigration. A strategy for measuring emigration of aliens from the United States using INS information systems is also described."     

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.     

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.     

Overlooking/Looking Over Neoliberal Immigration: Amnesty Policy in the ‘Nation of Immigrants’

In the self-proclaimed ‘nation of immigrants’, a struggle for power plays out in US immigration law. This article examines such a struggle in the context of rising neoliberalism. As president Ronald Reagan set out to revolutionize America with the deregulation of the economy, privatization, and the globalization of capitalist democracy, pundits claimed that the country was experiencing a Mexican illegal immigration crisis that pivoted on Mexican women's fecundity and abuse of social services. Yet along with punitive provisions, the first US law to directly address undocumented migration, the Immigration Reform and Control Act of 1986 (IRCA) included an amnesty programme widely praised as a democratic watershed for the undocumented. Consequently, ‘multicultural’ immigrant men and women seemed to be embraced, while in the same breath disciplined through discourses of respectability and criminality that secured both a pool of cheap immigrant labourers and minoritized citizens. More specifically, two strains of ‘nation of immigrants’ discourse that circulated around amnesty during the law-making process affectively (and effectively) framed America as the globally exceptional guarantor of democratic rights, inclusivity, and equal access to economic opportunity for citizens. On one hand, discourse that welcomed and celebrated an abstracted immigrant subject who was free to succeed on the basis of individual hard work was coded as the epitome of Americanism. On the other hand, discourse that welcomed explicitly racialized and gendered immigrants who were free to succeed on the basis of their hard work was coded as emblematically American. In this case respectable tokens of multiculturalism (i.e. immigrants of colour and especially immigrant women of colour who upheld traditional family values) evidenced American inclusivity. This article argues that both strains of ‘nation of immigrants’ discourse naturalized a relationship between citizenship, freedom, and free markets and thus powerfully masked the exploitative social relations key to neoliberal economic arrangements.     

Does The Legalization of Undocumented Immigrants in the US Encourage Unauthorized Immigration from Mexico? An Empirical Analysis of the Moral Hazard of Legalization

Does the prospect of a legalization programme in the US increase unauthorized immigration from Mexico? The logic of the moral hazard of legalization suggests that providing lawful status to undocumented immigrants has the unintended effect of incentivizing further unauthorized immigration. However, we argue and show that concerns about the moral hazard of legalization may be overstated. We conceptualize our argument using two distinct temporal dimensions: a concurrent dimension and a prospective one. Our analysis of the 2007 Mexican Migration Field Research Program (MMFRP) survey provides evidence supporting our arguments. The data show that knowledge regarding a prospective legalization programme in the US does not increase the intent to migrate among prospective migrants. Our results hold when accounting for a range of potential confounding factors, across several multivariate model specifications, and also when analysing comparable respondents who are matched using propensity score matching (PSM) techniques.     

The effect of maquiladora employment on the monthly flow of Mexican undocumented immigration to the U.S., 1978-1982

"Some controversy has surrounded the extent to which employment in maquiladoras (assembly plants located along the Mexican border) has stimulated undocumented immigration to the United States. This study uses monthly data of maquiladora employment and INS [Immigration and Naturalization Service] apprehensions in a 'push-pull' migration framework to study the association between these two variables during the April 1978 to January 1982 period. The findings suggest that there is a significantly negative relationship between the one month lag of maquiladora employment and INS apprehensions. Employment growth in the maquiladora sector tends to be followed by a reduction of apprehensions one month later. The study also finds that male and female apprehensions appear to respond to relatively similar economic factors."     

From IRCA to Orca: Apprehending the Other in 'Your San Antonio Experience'

Abstract From the Alamo to Sea World, the San Antonio tourist experience reiterates an historical and ethnic narrative that positions the Anglo-American subject in relation to the Mexican as 'other'. Like the Immigration Reform and Control Act (IRCA) of 1986, this strategy of definition and containment is inseparable from profound ambivalences about the possibility of effectively 'naturalizing' difference. In 'remembering the Alamo', the tourist is faced with the possibility of dis-integration and an inversion of the colonizer/colonized relationship.     

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.     

Using INS border apprehension data to measure the flow of undocumented migrants crossing the U.S.-Mexico frontier

"This article examines how data on INS [Immigration and Naturalization Service] border apprehensions are related to the flow of undocumented migrants crossing the southern U.S. border. Its centerpiece is a demographic model of the process of unauthorized migration across the Mexico-U.S. frontier. This model is both a conceptual framework that allows us to see theoretical linkages between apprehensions and illegal migrant flows, and a methodological device that yields estimates of the gross number of undocumented migrants. One implication of the model is that, for the first time, the relation between apprehensions and illegal flows can be examined empirically. We show that the ratio in each period between apprehensions and the undocumented flow is simply the odds of being located and arrested on any given attempt to enter the United States clandestinely."