Immigration Reform and Control Act of 1986

[1] Through the update in the registry date along with the LAW and SAW programs enacted by IRCA, approximately 2.7 million people were ultimately approved for permanent residence.

Romano L. Mazzoli was a Democratic Representative from Kentucky and Alan K. Simpson was a Republican Senator from Wyoming who chaired their respective immigration subcommittees in Congress.

The bill failed to be received by the House, but civil rights advocates were concerned over the potential for abuse and discrimination against Hispanics and growers' groups rallied for additional provisions for foreign labor; the United States Chamber of Commerce persistently opposed sanctions against employers.

Candidates were required to prove that they were not guilty of any crime, had been in the country before January 1, 1982, and possessed at least a minimal knowledge about U.S. history and government and the English language.

Regulations promulgated under the Act introduced the I-9 form to ensure that all employees presented documentary proof of their legal eligibility to accept employment in the United States.

The Immigration Reform and Control Act did not address the status of children of undocumented migrants who were eligible for the amnesty program.

[13] In addition to the update in the registry date, the Immigration Reform and Control Act provided amnesty to two groups of applicants.

Aliens who had been unlawfully residing in the United States since before January 1, 1982 (LAWs) were legalized under Section 245A of the Immigration and Nationality Act (INA), while aliens employed in seasonal agricultural work for a minimum of 90 days in the year prior to May, 1986 (SAWs) were legalized under Section 210A of the INA.

[1] Through the update in the registry date along with the LAW and SAW programs enacted by IRCA, approximately 2.7 million people were ultimately approved for permanent residence.

[16] In 1982, the Supreme Court forbade schools to deny services based on illegal immigration status in Plyler v. Doe.

A 2007 study in Hinckley Journal of Politics titled, The Ephemeral Immigration Reform and Control Act of 1986: Its Formation, Failure and Future Implications, defined these determinants as, “relative US wage levels, labor market flexibility, probability and cost of crossing the border, ability to find work, demographic changes, political turmoil, demand for labor in growing sectors, existing immigration networks and family relationships”.

[23] These sanctions resulted in little governmental oversight and enforcement, a lack of motivation and economic incentive on the part of employers to ensure all employees legal status prior to hiring (also known as E-Verify), and in some cases an open acceptance and willingness to pay the fines imposed.

[26] Its authors, in a 2015 journal article, further argue that the changes in felony charges could be motivated by the police’s shift in treatment and persecution of immigrants after IRCA was enacted.

[27] This is particularly accurate for Hispanic individuals, who accounted for approximately three-fourths of the 2.7 million immigrants that received a legal status through the LAW and SAW programs included in IRCA.

[27][28] Others have found a direct relation between the passing of IRCA in 1986 with the decline in arrests along the U.S-Mexico border, explained by the amnesty provided to those non-citizens eligible that would have otherwise been part of the seasonal immigration flow.

President Ronald Reagan signs the Immigration Reform and Control Act of 1986 in the Roosevelt Room