The Legacy of the IRCA Amnesty

Rick Oltman
SF Immigration Examiner
November 3, 2011

November 6, 2011 marks a dubious anniversary in the history of America. On that day 25 years ago President Ronald Reagan signed into law the Immigration Reform and Control Act, IRCA. Also known as the Simpson-Mazzoli Act, it was an amnesty for illegal aliens, the effects of which we live with today.

IRCA was the most comprehensive reform of our immigration laws since 1952. In 1981 the Reagan Administration asked Congress to pass a comprehensive legislative package that included employer sanctions, other measures to increase enforcement of immigration laws and the legalization of illegal aliens. The Employer Sanctions program was supposed to be the key element that would remove the incentive for illegal immigration by eliminating the job opportunities which was, and is, the number one reason that illegal aliens come to our country.

Whatever its intention, it is undeniable that the IRCA Amnesty of millions of illegal aliens failed to solve the problem of illegal immigration. Instead, the legalization of people who broke our laws and sneaked into our country and were allowed to jump the line in front of legal immigrants only encouraged more illegal immigration by creating a worldwide expectation that if you could just get to the United States, that you too would eventually get amnesty.

The plan was controversial at the time. There were doubts that it would work. It was remarked by some that the bill was proceeding amid massive confusion about how it would work, how much it would cost and how many people it would amnesty.

In June of 1984, amidst the Presidential campaign, three candidates for the Democrat Presidential nomination; Walter Mondale, Gary Hart and Jesse Jackson opposed Simpson-Mazzoli.

Cesar Chavez, who had his union members calling the INS to report illegal aliens working in the fields so that they could be deported, encouraged the U.S. government to include provisions in the Immigration Reform and Control Act (1986) applying sanctions against employers who knowingly hired illegal aliens.

How many would apply for, or qualify for, amnesty was never known, nor even closely estimated. In 1981 the estimate was one million illegal aliens in the country. By 1984 that estimate had been raised to 1.6 million. Depending on the cutoff date, prior to which the illegal alien could apply, some estimates were raised to 2.2 million.

In 1984 it was believed that the total number of illegals in the country, not all of whom would qualify for the amnesty, was, “somewhere around 6 million.â€