Overview
This lecture reviews the changing attitudes and laws around immigration in the US during the 1990s, focusing on the effects of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA).
Public Perceptions and Political Response
- In the early 1990s, Americans widely viewed immigrants as a burden on jobs, housing, and healthcare.
- There were about 5 million undocumented immigrants in the US during this period.
- Both major political parties adopted tougher immigration stances, leading to stricter policy proposals.
Pre-IIRIRA Immigration System
- Undocumented immigration before the 1990s was often temporary, with people returning home after seasonal work.
- Legalization was possible through marriage, family sponsorship, or employment, even if the person was already undocumented.
- Deportations were rare, mostly for major crimes, and judges had discretion in these cases.
The 1996 IIRIRA Law and Its Impact
- The IIRIRA aimed to reduce undocumented immigration but ultimately doubled its size.
- Deportable offenses were greatly expanded to include minor crimes and became retroactive.
- Deportation procedures became more automatic and included people with lawful status.
- Deportations increased dramatically after 1996 and set the stage for further expansions, especially post-9/11.
The 3 and 10 Year Bars
- The law introduced 3- and 10-year reentry bans for people who had been undocumented for over 6 months or a year, respectively.
- These bars forced family separation and made legal pathways nearly unattainable for most undocumented immigrants.
- The policy discouraged return migration and incentivized undocumented immigrants to remain in the US permanently.
Long-term Consequences and Current Views
- Instead of reducing undocumented immigration, the law led to a permanent increase in the undocumented population.
- Public attitudes toward immigrants are now more positive, but restrictive laws from the 1990s remain unchanged.
- Enforcement-focused deterrent strategies have not addressed the root causes of immigration.
Key Terms & Definitions
- IIRIRA — Illegal Immigration Reform and Immigrant Responsibility Act of 1996, a major immigration enforcement law.
- Deportable crimes — Offenses that can result in removal from the US; expanded in 1996 to include minor and old infractions.
- 3 and 10 year bars — Bans on legal reentry for 3 or 10 years for undocumented presence in the US over 6 months or a year.
Action Items / Next Steps
- Review the main provisions and impacts of IIRIRA.
- Reflect on how legislative intent differed from actual outcomes.
- Prepare for discussion on current immigration law reform proposals.