| Abstract: | 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. |
