[5] A range of critiques have emerged concerning the provisions enacted with IIRAIRA, such as the expansion of aggravated felonies, creation of the 287(g) program, reduction in due process rights, and intensified funding of border militarization.
[10] The ultimate goal of the IIRAIRA has been to deter further illegal immigration into the US, and despite a noticeable increase in annual deportations since the policy was enacted in 1996 from around 50,000 to over 200,000 by the beginning of the 2000s,[11] overall illegal immigration has increased since the policy's enactment according to data compiled by the Pew Research Center.
[13] In these circumstances, a noncitizen who falls under these categories would be subject to summary removal if attempting to reenter the United States.
[13] IIRAIRA imposed new regulations concerning public charge determinations for noncitizens seeking admission.
The Anti-Drug Abuse Act of 1988 made any noncitizen convicted of an aggravated felony at any time after their entry into the United States deportable.
[18] Any noncitizen who is convicted of an aggravated felony can face collateral immigration consequences: "noncitizens who have been convicted of an 'aggravated felony' are prohibited from receiving most forms of relief that would spare them from deportation, including asylum, and from being readmitted to the United States at any time in the future".
[27] Immigration judges "shall administer oaths, receive evidence, and interrogate, examine, and cross-examine the alien and any witnesses.
[34] In general, before IIRAIRA noncitizens could become eligible for cancellation of removal if they "established seven years continuous physical presence in the U.S., good moral character during that period, and that deportation would result in extreme hardship to the individual or to his or her spouse, parent, or child who was a U.S. citizen or lawful permanent resident".
[35] With IIRAIRA, cancellation required continuous physical presence in the U.S. for 10 years prior to the initiation of removal proceedings, which is called the stop-time rule.
Noncitizens subject to expedited removal include noncitizens "who are inadmissible because they lack valid entry documents or have sought admission through fraud (may also include aliens inadmissible on same grounds if they are present in the United States without being admitted or paroled and have been in the country less than two years)".
[40] IIRAIRA initiated stipulated removal, which is a type of plea agreement for noncitizens who are convicted of crimes in criminal court.
[51] Lifetime bars to reentry were established for any noncitizen who was deported due to criminal convictions of aggravated felonies.
When agencies enter into 287(g) agreements, the individuals deputized are under the direction of ICE, but they are not considered federal officials.
[60] Among other changes, IIRAIRA gave the United States Attorney General broad authority to construct barriers along the Mexico–United States border, and it authorized the construction of a secondary layer of border fencing to support the already-completed 14-mile primary fence.
Construction of the secondary fence stalled because of environmental concerns raised by the California Coastal Commission.
IIRAIRA appropriated $12 million of funding for multilayered fencing starting near San Diego, California and extending east for 14 miles.
IIRAIRA required that the number of full-time, active-duty border patrol agents would increase by at least 1,000 "in each of the fiscal years 1997, 1998, 1999, 2000, and 2001".
[63] These new border patrol agents were to be stationed at areas with high proportions of illegal crossing, as measured within the previous year.
[66] In doing so, IIRAIRA appropriated consistent funding that supported a border enforcement strategy known as "prevention through deterrence".
Prevention through deterrence was first initiated in the early 1990s, and it aimed to reduce the number of migrants entering without authorization at high-traffic urban areas.
[64][65] According to reports by the Government Accountability Office, prevention through deterrence increased the number of migrants that died while crossing into the United States.
[67][64] IIRAIRA expanded the restrictions on federally distributed post-secondary education funds that were initially enacted with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA).
However, IIRAIRA does not define post secondary education benefits as tuition rates which are matriculation costs.
Nevertheless, tuition rates which include student fees and matriculation costs are not defined as post-secondary education benefits.
[69] These provisions allow anyone, regardless of their immigration or citizenship status, to apply for in-state tuition if they meet the eligibility requirements.