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The Immigration Reform and Control Act of 1986 aimed to control unauthorized immigration into the US. It included employer sanctions, increased border security, and an amnesty and legalization window for some unauthorized immigrants. The employer sanctions made it illegal to knowingly hire unauthorized workers, continue employing them, or hire workers without verifying their identities. The act granted legal status to an estimated 2.65 million undocumented immigrants, making it the largest legalization process in history. Temporary residents could become permanent residents after 18 months, but some did not. There was no plan for those who were not eligible for temporary residency.
The Immigration Reform and Control Act of 1986 (IRCA), also known as the Simpson-Mazzoli Act, was signed into law by President Ronald Reagan on November 6, 1986. Congress passed it to control unauthorized immigration into the United States. Its main provisions were sanctions on employers for hiring undocumented migrants, increased border security allocations, and an amnesty and legalization window for some unauthorized immigrants already residing in the United States.
The cornerstone of the Immigration Reform and Control Act of 1986 was the inclusion of employer sanctions. IRCA’s employer sanctions represented the largest expansion of regulatory power since the enactment of the Occupational Safety and Health Act of 1980 (OSHA). IRCA has made three actions by the employer illegal. Knowingly hiring people not authorized to stay in the United States was the most serious offence. The continued employment of unauthorized workers and hiring workers without properly verifying their identities were also federal crimes.
In reaction to criticism that IRCA made employers de facto immigration officers, the burden on employers was reduced to accepting documents that appeared reasonably authentic. Other critics argued that employers were not equipped to handle screening of workers’ legal status and that a national ID card should be adopted in the United States. Later critics have argued that employer sanctions under the IRCA have not been pursued aggressively enough.
After the passage of the Immigration Reform and Control Act of 1986, US Border Patrol personnel increased by fifty percent. There has also been a sudden increase in the capture and return of unauthorized aliens entering the US-Mexico border. Additional funds have been earmarked to expedite the removal of unauthorized aliens who have recently entered the country.
An estimated 2,650,000 undocumented immigrants were granted legal status under the provisions of the Immigration Reform and Control Act of 1986. It is still the largest legalization process in history. The legalization of the IRCA was a two stage process. Undocumented immigrants who had been living in the United States since before January 1, 1982 could apply for temporary legal status by May 4, 1988.
Temporary residents could become permanent residents with a “green card” after 18 months. During this 18-month period, temporary residents were not eligible for public benefits. In the permanent residency phase, temporary residents were required to demonstrate the ability to speak the English language and a basic understanding of American civics.
Statistically, around twelve per cent of immigrants who obtained temporary resident status did not become permanent residents. It is unclear how many people denied temporary resident status remained in the United States as unauthorized immigrants and how many returned to their country of origin. Political analysts point out that there was no IRCA plan for those who were not eligible for temporary residency.
