Tuesday, January 28, 2014

IRCA in Retrospect: Guideposts for Today’s Immigration Reform

The Immigration Reform and Control Act of 1986 (IRCA) was an important milestone in U.S. immigration history, representing the first and most comprehensive legislation to take on the issue of illegal immigration to the United States. The 1986 law’s major components were a mix of border and interior enforcement mechanisms to deter new unauthorized inflows and legalization to regularize unauthorized immigrants already in the country.

IRCA, like all major legislation, was based on imperfect knowledge of the conditions it sought to address, limited understanding of how the law would play out, and it faced implementation challenges—all of which diluted its effectiveness. Although the law deserves to be recognized as a historic piece of legislation, its shortfalls have contributed to today’s dilemmas in U.S. immigration policy.

In IRCA in Retrospect: Guideposts for Today’s Immigration Reform, Muzaffar Chishti and Charles Kamasaki trace IRCA’s successes and failures, making the case that its major flaws were rooted in statutory design more so than regulatory challenges and implementation by the administrative agencies. The brief examines the results, intended and otherwise, of key border and interior enforcement provisions in the legislation, as well as gaps regarding the use of fraudulent documents, increased employer outsourcing, inadequate labor protections, and collateral impacts such as on wages and working conditions. The brief also assesses two IRCA legalization programs—a general legalization and Special Agricultural Worker legalization—finding them the most successful part of the law’s implementation.

Today’s policymakers, the authors conclude, “would do well to heed the lessons of 1986—both positive and negative—to maximize the potential promise of immigration reform and avoid repeating past mistakes or sparking consequences that, while unintended, could have been foreseen.”

http://lawprofessors.typepad.com/immigration/2014/01/irca-in-retrospect-guideposts-for-todays-immigration-reform.html

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