Immigration Reform and Control Act (1986)

Origins of the Act

The legislation that became IRCA developed over several sessions of Congress. The aftermath of the 1965 legislation that opened the way for Eastern Hemisphere migration and an increase in undocumented immigrants were two of the major issues that developed. In 1979 then-president Jimmy Carter appointed the Select Commission on Immigration and Refugee Policy (SCIRP) to deal with immigration reform. Observing the vast increase in undocumented immigrants and other challenges in the aftermath of the 1965 reforms, recommendations were made in a report issued February 1981. The report recommended legalization of a large number of undocumented immigrants, clearer and possibly higher quotas for migration from North America, greater border control and security, and the inclusion of sanctions on employers as an aspect of immigration policy for the first time.

Legislative History and Passage

Immigration legislation was considered seriously beginning in 1981. Business groups worried about access to an affordable workforce, whereas nativist groups sought to restrict immigration; groups representing the Latino community and labor groups were all involved. The lead sponsors of the legislation, Senator Alan Simpson, a Republican from Wyoming, and Representative Romano Mazzoli, a staunchly pro-life Democrat from Kentucky, may have been able to succeed because neither came from a state where mass immigration (documented or undocumented) was an issue. The Simpson-Mazzoli bill went through several incarnations. Even within interest groups and partisan factions, there was often substantial disagreement.

After several attempts to comprehensively reform the process, final passage of IRCA occurred in 1986. The final legislation included several attempts to resolve the competing interests and various factions involved in disputes and problems arising from immigration. For employers, knowingly hiring a person not authorized to work in the United States, continuing to employ someone not authorized to work, and hiring someone without requiring them to prove their eligibility became illegal. Several procedures were also created for legalization. Undocumented immigrants in continuous residence since January 1, 1982, became eligible for temporary legal status and a pathway to permanent residency. The Special Agricultural Worker Program gave certain agricultural workers permanent residency. Other programs were created for temporary agricultural labor shortages, opportunities for permanent residency for long-term unauthorized residents and for Cuban and Haitian entrants. Provisions were also made to increase Border Patrol funding, enforcement, and security. The conference report for the final bill was approved in the House of Representatives 238–173 and on October 17, 1986, in the Senate by a vote of 63–24. The bill was signed by President Reagan on November 6, 1986, and became Public Law 99–603.

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