The Best Immigration Policy or the Worst
The Immigration Reform and Control Act of 1986 (IRCA) is viewed as one of the most important policy implementations in U.S. immigration history. As drafted, IRCA proposed to be a policy to control and deter all illegal immigration into the U.S., but the policy was truly directed at stopping the flow of Mexican immigrants that continues to be the largest immigration flow in the world. Daniel Tichenor writes in Dividing Lines that, “Originally designed as a restrictive enforcement measure, IRCA proved to be surprisingly expansive in both design and effect.” By identifying the unintended consequences of the law, this paper explores why the policy failed. Ultimately, this paper shows that IRCA expanded immigration by creating a greater need for it as well as by unintentionally breaking the traditional patterns of temporal and seasonal migration.
The Objectives of IRCA
The drafters of IRCA developed three objectives: to regularize the status of millions of undocumented migrants, to deter immigration through tougher enforcement, and to prevent the need for immigration. Each objective strived to ultimately solve the “immigration problem” by greatly decreasing the number of migrants coming to the U.S; however, each in fact increased immigration.
The first objective of IRCA sought to regularize the status of millions of undocumented migrants by legalizing those who entered before January 1982, as well as those that performed temporary services or labor, mainly seasonal agricultural workers. This appears contrary to IRCA’s purpose of limiting immigration into the U.S.; however, legislators saw this first objective as necessary. First, amnesty dealt with the problem of the presence of ...
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Six years after the promulgation of the Refugee Act of 1980 the U.S. Congress enacted the Immigration Reform and Control Act of 1986 (IRCA), on November of 1986, with the objective to control and deter the illegal immigration into the United States. The major provisions demanded; a) the legalization of foreign nationals who had been continuously unlawfully present in our country since 1982. b) Demanded the creation of mechanism to secure and enforce the United States borders. c) The legal adjustment of certain agriculture workers, and sanctions corporations who intentional or knowingly hire illegal foreign workers.
It has been nearly three decades since the last time Congress reformed our immigration system. From the Reagan era to the Obama administration, the country has undergone financial, social and political changes yet our immigration policies continue to be the same. Since the implementation of the last immigration reform in 1986, the United States government has spent nearly $187 billion ($220 billion when adjusted to 2013 dollars) in immigration enforcement agencies and programs alone (Meissner, Kerwin, Muzaffar & Bergeron, 2013). The high costs and the increasing public concern has led Americans to recognize the brokenness of our current immigration system and how it has not kept up with changing times. Research has shown 71% of Americans say undocumented immigrants should have a pathway to remain in the country legally (Pew Research Center, 2013). Although Congress and the White House have had numerous failed attempts to pass immigration reform in the past, H.R. 15 proposes an updated bipartisan system that can further secure the borders and solve problems surrounding immigration (Border Security, Economic Opportunity and Immigration Modernization Act, 2013.
Smith T., 2006, The root causes of Immigration, Justice for Immigration a journey of hope, Catholic Conference of Kentucky
The United States is known to have one of the most accepting immigration in the world. It has contributed to the country's population growth as well as social change. However, the policy remains to be a controversy because of the topic that is illegal immigration. According to the Department of Homeland security in 2010, there are 10.8 million illegal immigrants residing among the 300+ million Americans. Since then, the number has grown to 11+ million people. The U.S. Congress has always sought to find the solution for illegal immigration, with amnesty being an option. If enacted, an amnesty will give unauthorized immigrants a path to legalization and eventually citizenship. The Immigration Reform and Control Act of 1986 (IRCA) is a prime instance of amnesty, with some 2.7 million people gaining legal status during the Reagan office. With the immigration policy being contested in Congress, a solution to illegal immigration via amnesty should be considered as it may benefit the country's labor force and economy, control the influx of immigrants in the country, and provide the opportunity for the currently illegal immigrants to become productive members of America.
When President Lyndon B. Johnson signed the Immigration Act of 1965, also known as the Hart-Celler Act, he said, “[t]his bill that we sign today is not a revolutionary bill”, underestimating the change that would come about from the signing of this law. The Immigration Act was passed in the midst of much reform and civil rights activism in the United States and banned discrimination in the issuance of visas due to “‘race, sex, nationality, place of birth, or place of residence’”(Fitzgerald, Cook-Martin, 2015). It counteracted the immigration policy that had been in place since the 1920’s. This policy was the National Origins Act, which restricted the immigration of foreign-born people into the United States based on nationality. Most immigrants
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Illegal immigration was an issue in the past and is a pressing problem in the present. The U.S. Government has been trying to find a resolution to this issue for years. The United States approved the Immigration Reform and Control Act in 1986, which allowed the American Government to punish American companies that consciously employed illegal immigrants (Nadadur 1037-1052). The United States’ Government Immigration Reform and Control Act has been unsuccessful in controlling illegal immigration. It is estimated that illegal immigration into the U.S. has a yearly interval of three hundred fifty thousand people (Rousmaniere 24-25). It is apparent that the 1986 act was not able to keep a handle on illegal immigration. Illegal immigration continues due to the fact that immigrants only take the jobs available to them, which in turn helps support the United States’ economy, so measures should not be taken to halt immigration.
2. Daniels, Roger. Coming To America: A History of Immigration and Ethnicity in American Life (1990)
The first major concern regarding the borders for the United States is illegal immigration. In January of 2000, the INS estimated that there were 7 million illegal immigrants in the United States with the number growing by about 500,000 a year. Under the Bush Administration, funding has increased along main entry points, displacing illegal immigrants points of entry into the country. Yet the increase has displaced immigration to rural immigration points, causing many every year to die from starvation and heat stroke. Despite the harsh conditions, immigration has grown rather th...
7. Little, Cheryl. "The War on Immigrants: Stories from the Front Lines." Summer 2008. Americas Quarterly. 29 March 2001 .
Nadadur, Ramanujan. "Illegal Immigration: A Positive Economic Contribution to the United States." Journal of Ethnic and Migration Studies 35.6 (2009): 1037-052. Print.