Thread: Illegal Immigration Reform and Immigrant Responsibility Act

Trying to find other articles I came upon this and to be honest it is the first time I have read it. I thought at the very least it is one of those "FYI" things we might want to re-read, or read for the first time.
Illegal Immigration Reform and Immigrant Responsibility Act of 1996

Summary

Overview

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (the 96 Act) Pub L. 104-208, was enacted on September 30, 1996. It includes increases in criminal penalties for immigration-related offenses, authorization for increases in enforcement personnel, and enhanced enforcement authority. There are a number of measures designed to enhance Immigration and Naturalization Service (INS) presence and enforcement at the border. The 96 Act undertakes a comprehensive reorganization of the process of removal for inadmissible and deportable aliens, including a provision for the expedited removal of inadmissible aliens arriving at ports of entry. The 96 Act requires the conducting of three types of employment authorization verification pilot programs. It includes restrictions on the eligibility of aliens for public benefits and imposes new requirements on sponsors of alien relatives for immigration. A brief description of the Act's principal provisions follows.

Changes in Exclusion and Deportation Processes

Expedited Removal.

The 1996 Act amends section 235(b)(1) of the INA, effective April 1, 1997, to provide that, if an examining immigration officer determines that an arriving alien is inadmissible for having engaged in fraud or misrepresentation or because the alien lacks valid documents, the officer shall order the alien removed without further hearing or review, unless the alien states a fear of persecution or an intention to apply for asylum

An alien subject to expedited removal who states a fear of persecution or an intention to apply for asylum shall be referred for interview by an asylum officer. If the officer finds that the alien has a credible fear of persecution, the alien shall be detained for further consideration of the application for asylum under normal non-expedited removal proceedings. If the asylum officer determines that the alien does not have a credible fear of persecution, the asylum officer will order the alien removed from the United States. The alien may request that an immigration judge review the asylum officer's credible fear determination. If the immigration judge also finds that the alien does not have a credible fear of persecution, the alien will be removed from the United States pursuant to the asylum officer's order. If the immigration judge determines that the alien does have a credible fear, the underlying order shall be vacated. The Service may then place the alien in normal, non-expedited removal proceedings. Throughout the process of administrative review, INS shall detain the alien.

Removal Proceedings.

The 1996 Act undertakes a comprehensive revision of the procedures for removal of aliens. It consolidates exclusion and deportation proceedings into one removal proceeding. These new provisions become effective on April 1, 1997 for proceedings commenced on or after that date. The INA now provides that an alien who enters without inspection (EWI) will be subject to a determination of admissibility.

Aliens may seek cancellation of removal through two new provisions intended to replace the waiver under former INA section 212(c) and suspension of deportation under former INA section 244. These new forms of relief are available to both inadmissible and deportable aliens. Under section 240A(a), aliens lawfully admitted for permanent residence for not less than five years who have resided continuously in the United States for seven years after having been admitted in any status may request cancellation of removal provided they have not been convicted of an aggravated felony. Under section 240A(b), an alien who has been physically present in the United States for a continuous period of at least 10 years, who has been a person of good moral character, and who has not been convicted of a criminal offense that could result in the alien's removal from the United States may seek cancellation of removal and adjustment of status, provided the alien has a spouse, parent or child who is a U.S. citizen or lawful permanent resident. Cancellation under section 240A(b) may only be granted if aliens demonstrate that their removal from the United States would result in exceptional and extremely unusual hardship to a spouse, parent or child who is a lawful permanent resident or U.S. citizen. The Attorney General may not adjust the status of more than 4,000 aliens under section 240A(b) in any fiscal year.

Judicial Review.

There is no judicial review of: (1) any judgment whether to grant relief under section 212(h) or (i), 240A, 240B, or 245; (2) any decision or action of the Attorney General which is specified to be in the discretion of the Attorney General (except a discretionary judgment whether to grant asylum); or (3) any decision in the case of an alien who is removable on the basis of most criminal convictions, except an alien deportable for having committed a single crime involving moral turpitude.

Criminal Aliens.

The Act amends the definition of "aggravated felony" by: adding crimes of rape and sexual abuse of a minor; lowering the fine threshold for crimes relating to money laundering and certain illegal monetary transactions from $100,000 to $10,000; lowering the imprisonment threshold for crimes of theft, violence, racketeering and document fraud from five years to one year; and lowering the loss threshold for crimes of tax evasion and fraud and deceit from $200,000 to $10,000. This section also adds new offenses to the definition relating to gambling, bribery, perjury, revealing the identity of undercover agents, and transporting prostitutes. It deletes the requirement that a crime of alien smuggling be for commercial advantage in order to be considered an aggravated felony, but exempts a first offense involving the alien's spouse, child or parent. The amendment provides that the amended definition of "aggravated felony" applies to offenses that occurred before, on, or after the date of enactment of the 96 Act.

Enhanced Enforcement and Penalties for Alien Smuggling and Document Fraud

Title II of the 1996 Act increases criminal penalties for alien smuggling and allows wiretap authority to investigate alien smuggling, document fraud, citizenship fraud and passport fraud. It eliminates the requirement that a smuggling offense have been "committed for financial gain" in order to be considered a RICO-predicate crime. Title II increases criminal penalties for document fraud and permits criminal asset forfeiture for passport and visa-related offenses. It establishes criminal penalties for false claims to U.S. citizenship and illegal voting by aliens in federal elections. There are new provisions that broaden the definition of document fraud for purposes of section 274C of the Act and criminal penalties for failure to disclose one's role as a preparer of a false application for immigration benefits.

Worksite Enforcement and Verification

Title IV of the Act requires the establishment, within one year of enactment, of three distinct pilot programs, each of which will last for four years. The pilots include: 1) a basic pilot program, 2) a citizen attestation program, and 3) a machine-readable document program. Participation in the pilot programs will be voluntary on the part of employers, except with regard to the executive and legislative branches of the federal government and certain employers who have been found to be in violation of certain sections of the INA. Volunteer employers may have their elections apply to all hiring in all state(s) in which a pilot program is operating, or to their hiring in only one or more pilot program states or places of hiring within any such states.

Employers participating in any of the pilot programs are shielded from civil or criminal liability for actions taken in good faith reliance on information provided through the confirmation system.

Restrictions on Benefits for Aliens

Title V contains amendments to the welfare bill, the Social Security Act, and the INA which are directed at limiting aliens' access to public benefits. Proof of citizenship is required to receive public benefits and verification of immigration status is required for Social Security and higher-educational assistance. A transition period (until April 1, 1997) is established for aliens who are currently receiving food stamps.

The requirements for an affidavit of support for sponsored immigrants are tightened and that document is defined as an enforceable contract. The deeming requirements for attribution of a sponsor's income and resources are narrowed (at least 125 percent of the Federal Poverty Line). States are authorized to deem income of the sponsor for the purposes of benefits under means-tested programs, to limit assistance to aliens, and to distinguish among classes of aliens in providing general cash public assistance. Several verification and eligibility requirements are established for receipt of housing assistance or other financial assistance related to housing.

Title V provides for reimbursement to states or local governments for costs related to emergency medical treatment of illegal aliens where those entities can not obtain reimbursement from other sources.

Refugees, Parole, and Asylum

Title VI makes several changes to the asylum process which codified many existing INS regulations. In addition, Title VI amends the definition of refugee at section 101(a)(42) to provide that a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion. Additionally, a person who has a well-founded fear of being compelled to undergo such a procedure or being subject to such persecution shall be deemed to have a well-founded fear of persecution on account of political opinion. Section 207(a) of the INA is amended to provide that not more than 1,000 refugees shall be admitted or granted asylum on the basis of persecution under coercive population-control policies.

INA section 212(d)(5) is amended to provide that the Attorney General's parole authority may be exercised only on a case-by-case basis for urgent humanitarian reasons or significant public benefit. This section also requires that not later than 90 days after the end of the fiscal year, the Attorney General shall report to the Committees on the Judiciary of the House of Representatives and the Senate describing the number and categories of aliens paroled into the United States under section 212(d)(5), along with other specified information.

Section 208 of the INA is amended to provide that an alien who is physically present in, or who arrives in, the United States may apply for asylum in accordance with section 208 or, where applicable, section 235(b)(1). However, an alien may not apply for asylum if the Attorney General determines that the alien can be returned to a safe third country pursuant to a bilateral agreement, unless the Attorney General finds it in the public interest for the alien to receive asylum in the United States. An applicant for asylum must demonstrate by clear and convincing evidence that the application has been filed within one year of arriving in the United States (unless the alien can demonstrate to the satisfaction of the Attorney General that extraordinary circumstances caused the delay in filing an application prior to the deadline), and an alien is not eligible to apply for asylum if the alien has previously applied for and been denied asylum. These bars do not apply if the alien demonstrates the existence of changed circumstances which materially affect the applicant's eligibility for asylum.

A provision is included that provides for the conditional repeal of the Cuban Adjustment Act upon the establishment of democracy in Cuba.

Authorization of Appropriations, Report Requirements and Miscellaneous Provisions

In the event of a mass influx of aliens off the coast of the United States or at a land border, the Attorney General may authorize a state or local law enforcement officer, with the consent of the officer's superiors, to perform duties of immigration officers under the INA. An amendment to section 103 of the INA clarifies the authority of the Attorney General to use appropriated funds for the care and security of individuals detained by the Service through agreements with state and local governments. This provision also grants authority for the Attorney General to contract with state and local authorities for construction, renovation and acquisition of equipment in support of the detention of aliens held by the INS in state and local facilities. The bill provides for an increase in Border Patrol agents up to 1,000 per year beginning in FY 97. However, the bill also requires that these new officers, to the maximum extent practicable, be among INS sectors along the border in proportion to the level of illegal crossings of those borders measured in the preceding fiscal year.

Section 245(i) of the INA is amended to provide that an alien applying for adjustment of status under this provision shall pay a fee of $1,000, not less than $800 of which shall be paid into an Immigration Detention Account. This section also amends INA section 286 to provide for creation and operation of the Immigration Detention Account.

The Act limits claims under the legalization provisions of the Immigration Reform and Control Act of 1986, to aliens who, in fact, filed an application for legalization under that section within the prescribed time limits, or attempted to do so but their application was refused by an immigration officer.



Last Modified 01/20/2006

The entire congress needs to be fired, they pass these laws knowing they will never be enforced. So why pay congress to make laws if they are just for show and never enforced? Not to mention they refuse to call the president on the fact that the laws are not being enforced. I don't want to vote for any of them! How many times have they passed these bills that are ignored only to keep passing more. I guess this lets us know where enforcement stands if they pass a comprehensive bill. Same old stuff, no enforcement only promises that they never keep.