INS Summary of IRCA (1986) and Immigration Act of 1990
IMMIGRATION REFORM AND CONTROL ACT OF NOVEMBER 6, 1986 (IRCA)
(100 Statutes-at-Large 3359)
Comprehensive immigration legislation:
A. INS Summary of IRCA (1986) and Immigration Act of 1990Authorized legalization (i.e., temporary and then permanent resident status) for aliens who had resided in the United States in an unlawful status since January 1, 1982 (entering illegally or as temporary visitors with authorized stay expiring before that date or with the Government’s knowledge of their unlawful status before that date) and are not excludable.
B. Created sanctions prohibiting employers from knowingly hiring, recruiting, or referring for a fee aliens not authorized to work in the United States.
C. Increased enforcement at U.S. borders.
D. Created a new classification of seasonal agricultural worker and provisions for the legalization of certain such workers.
E. Extended the registry date (i.e., the date from which an alien has resided illegally and continuously in the United States and thus qualifies for adjustment to permanent resident status) from June 30, 1948, to January 1, 1972.
F. Authorized adjustment to permanent resident status for Cubans and Haitians who entered the United States without inspection and had continuously resided in country since January 1, 1982.
G. Increased the numerical limitation for immigrants admitted under the preference system for dependent areas from 600 to 5,000 beginning in fiscal year 1988.
H. Created a new special immigrant category for certain retired employees of international organizations and their families and a new nonimmigrant status for parents and children of such immigrants.
I. Created a nonimmigrant Visa Waiver Pilot program allowing certain aliens to visit the United States without applying for a nonimmigrant visa.
J. Allocated 5,000 nonpreference visas in each of fiscal years 1987 and 1988 for aliens born in countries from which immigration was adversely affected by the 1965 act.
IMMIGRATION ACT OF NOVEMBER 29, 1990
(104 Statutes-at-Large 4978)
A major overhaul of immigration law:
A. Increased total immigration under an overall flexible cap of 675,000 immigrants beginning in fiscal year 1995, preceded by a 700,000 level during fiscal years 1992 through 1994. The 675,000 level to consist of: 480,000 family sponsored; 140,000 employment-based; and 55,000 “diversity immigrants.”
B. Revised all grounds for exclusion and deportation, significantly rewriting the political and ideological grounds. For example, repealed the bar against the admission of Communists as nonimmigrants and limited the exclusion of aliens on foreign policy grounds.
C. Authorized the Attorney General to grant temporary protected status to undocumented alien nationals of designated countries subject to armed conflict or natural disasters.
D. Revised and established new nonimmigrant admission categories:
1. Redefined the H-1(b) temporary worker category and limited number of aliens who may be issued visas or otherwise provided nonimmigrant status under this category to 65,000 annually.
2. Limited number of H-2(b) temporary worker category aliens who may be issued visas or otherwise provided nonimmigrant status to 66,000 annually.
3. Created new temporary worker admission categories (O, P, Q, and R), some with annual caps on number of aliens who may be issued visas or otherwise provided nonimmigrant status.
E. Revised, and extended the Visa Waiver Pilot Program through fiscal year 1994.
F. Revised naturalization authority and requirements:
1. Transferred the exclusive jurisdiction to naturalize aliens from the Federal and State courts to the Attorney General.
2. Amended the substantive requirements for naturalization: State residency requirements revised and reduced to three months; added another ground for waiving the English language requirement; lifted the permanent bar to naturalization for aliens who applied to be relieved from U.S. military service on grounds of alienage who previously served in the service of the country of the alien’s nationality.
G. Revised enforcement activities. For example:
1. Broadened the definition of “aggravated felony” and imposed new legal restrictions on aliens convicted of such crimes.
2. Revised employer sanctions provisions of the Immigration Reform and Control Act of 1986.
3. Authorized funds to increase Border Patrol personnel by 1,000.
4. Revised criminal and deportation provisions.
H. Recodified the thirty-two grounds for exclusion into nine categories, including revising and repealing some of the grounds (especially health grounds).
Source: INS, 1988 Statistical Yearbook, Washington, D.C.: GPO, 2000, Appendix 1.