Lecture Notes: Immigration Legislation in the 1990s

Immigration in the Early 1990s

• Immigration was a contentious issue in the US.
• Around 5 million undocumented immigrants.
• Public perception: immigrants seen as a burden, taking jobs, housing, and healthcare.
• Political response: Republicans ran on tough-on-immigration platforms; Democrats adopted similar stances.

Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996

• Signed by President Bill Clinton.
• Goal: decrease undocumented immigrants.
• Unintended effect: increased undocumented immigration.

Immigration Before IIRIRA

• Immigration was often temporary (e.g., seasonal farm work).
• Few legal channels for permanent residency.
• Deportation was uncommon and limited to major crimes.

Changes Introduced by IIRIRA

• Expanded deportable crimes to minor infractions (e.g., shoplifting); retroactive application.
• Deportations increased significantly.
• Limited judicial discretion on deportations.
• Created framework for post-9/11 laws expanding deportation reasons.

The 3 and 10 Year Bars

• Barred re-entry for 3 years if undocumented for 6 months; 10 years if for 1+ years.
• Legal pathways (through job, family) became nearly impossible.
• Resulted in family separations.

Impact of IIRIRA

• Incentivized staying undocumented in the US.
• Post-IIRIRA: significant increase in the number of undocumented immigrants.
• Demonstrated that enforcement-based policies don’t effectively deter undocumented immigration.

Contemporary Views and Legislative Legacy

• Modern attitudes: immigrants seen as a strength, not a burden.
• Laws from the 1990s remain unchanged.
• Current immigration needs and immigrant needs are not met by outdated laws.