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Illegal Immigration Reform and Immigrant Responsibility Act of 1996
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA), is a law enacted as division C of the Omnibus Consolidated Appropriations Act of 1997 which made major changes to the Immigration and Nationality Act (INA). IIRAIRA's changes became effective on April 1, 1997.
Former United States President Bill Clinton asserted that the legislation strengthened "the rule of law by cracking down on illegal immigration at the border, in the workplace, and in the criminal justice system—without punishing those living in the United States legally". However, IIRAIRA has been criticized as overly punitive and intensifying border militarization. With IIRAIRA, all aliens, regardless of legal status, were liable to removal and it expanded types of transgressions that could lead to removal.
Proponents of the IIRAIRA contend the law was necessary to end loopholes present beforehand in US immigration policy, which undermined the immigration system. A major motivator behind IIRAIRA was to deter further illegal immigration into the US, but the success in achieving this has been mixed, with both an increase in deportation since IIRAIRA was enacted in 1996, from around 50,000 to over 200,000 by the beginning of the 2000s, and also in illegal immigration since the enactment of IIRAIRA.
Before IIRAIRA, nonimmigrants who overstayed their visas or violated their conditions of admission were required to pay a fine, but were not restricted from later adjusting status to that of a lawful permanent resident. Since IIRAIRA, nonimmigrant that overstays their visa by one day or longer is ineligible to renew their visa. If they overstay their visa by a period between 180 and 365 days, they face a 3-year bar to reentry while an alien who overstays their visa beyond a year faces a 10-year bar.
IIRAIRA imposed new regulations concerning public charge determinations for aliens seeking admission. IIRAIRA requires that the individual(s) petitioning a family-sponsored immigrant must provide an affidavit of support. In the affidavit, the petitioner must "agree to provide support to maintain the sponsored alien at an annual income that is not less than 125 percent of the federal poverty guidelines" until the alien naturalizes as a U.S. citizen or the alien, the alien's parent, or the alien's spouse has worked for 40 qualifying quarters.
With IIRAIRA, the US Congress expanded the definition of the term aggravated felony. Aggravated felonies were first initiated with the Anti-Drug Abuse Act of 1988, and aggravated felonies consisted of murder, drug trafficking, and illicit firearm trafficking. The Anti-Drug Abuse Act of 1988 made any alien convicted of an aggravated felony at any time after their entry into the United States deportable. The Immigration Act of 1990, Immigration and Nationality Technical Corrections Act of 1994 and Anti-terrorism and Effective Death Penalty Act of 1996 increased the types of offenses considered aggravated felonies. In addition, with these laws, crimes with a penalty of 5 years or longer would be considered an aggravated felony.
After IIRAIRA, however, the penalty was changed so that any crime with a penalty of one year or longer would be considered an aggravated felony. Any alien who is convicted of an aggravated felony can face collateral immigration consequences: "aliens who have been convicted of an 'aggravated felony' are prohibited from receiving most forms of relief that would spare them from deportation, including asylum, and from being readmitted to the United States at any time in the future". There is a "presumption of deportability" for aliens convicted of aggravated felonies, in which aliens "convicted of an aggravated felony shall be conclusively presumed to be deportable from the United States".
Importantly, aggravated felony charges can be applied retroactively, so if a change in the law deems a new category of offense an aggravated felony, any alien previously convicted of that offense can then face removal.
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Illegal Immigration Reform and Immigrant Responsibility Act of 1996
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA), is a law enacted as division C of the Omnibus Consolidated Appropriations Act of 1997 which made major changes to the Immigration and Nationality Act (INA). IIRAIRA's changes became effective on April 1, 1997.
Former United States President Bill Clinton asserted that the legislation strengthened "the rule of law by cracking down on illegal immigration at the border, in the workplace, and in the criminal justice system—without punishing those living in the United States legally". However, IIRAIRA has been criticized as overly punitive and intensifying border militarization. With IIRAIRA, all aliens, regardless of legal status, were liable to removal and it expanded types of transgressions that could lead to removal.
Proponents of the IIRAIRA contend the law was necessary to end loopholes present beforehand in US immigration policy, which undermined the immigration system. A major motivator behind IIRAIRA was to deter further illegal immigration into the US, but the success in achieving this has been mixed, with both an increase in deportation since IIRAIRA was enacted in 1996, from around 50,000 to over 200,000 by the beginning of the 2000s, and also in illegal immigration since the enactment of IIRAIRA.
Before IIRAIRA, nonimmigrants who overstayed their visas or violated their conditions of admission were required to pay a fine, but were not restricted from later adjusting status to that of a lawful permanent resident. Since IIRAIRA, nonimmigrant that overstays their visa by one day or longer is ineligible to renew their visa. If they overstay their visa by a period between 180 and 365 days, they face a 3-year bar to reentry while an alien who overstays their visa beyond a year faces a 10-year bar.
IIRAIRA imposed new regulations concerning public charge determinations for aliens seeking admission. IIRAIRA requires that the individual(s) petitioning a family-sponsored immigrant must provide an affidavit of support. In the affidavit, the petitioner must "agree to provide support to maintain the sponsored alien at an annual income that is not less than 125 percent of the federal poverty guidelines" until the alien naturalizes as a U.S. citizen or the alien, the alien's parent, or the alien's spouse has worked for 40 qualifying quarters.
With IIRAIRA, the US Congress expanded the definition of the term aggravated felony. Aggravated felonies were first initiated with the Anti-Drug Abuse Act of 1988, and aggravated felonies consisted of murder, drug trafficking, and illicit firearm trafficking. The Anti-Drug Abuse Act of 1988 made any alien convicted of an aggravated felony at any time after their entry into the United States deportable. The Immigration Act of 1990, Immigration and Nationality Technical Corrections Act of 1994 and Anti-terrorism and Effective Death Penalty Act of 1996 increased the types of offenses considered aggravated felonies. In addition, with these laws, crimes with a penalty of 5 years or longer would be considered an aggravated felony.
After IIRAIRA, however, the penalty was changed so that any crime with a penalty of one year or longer would be considered an aggravated felony. Any alien who is convicted of an aggravated felony can face collateral immigration consequences: "aliens who have been convicted of an 'aggravated felony' are prohibited from receiving most forms of relief that would spare them from deportation, including asylum, and from being readmitted to the United States at any time in the future". There is a "presumption of deportability" for aliens convicted of aggravated felonies, in which aliens "convicted of an aggravated felony shall be conclusively presumed to be deportable from the United States".
Importantly, aggravated felony charges can be applied retroactively, so if a change in the law deems a new category of offense an aggravated felony, any alien previously convicted of that offense can then face removal.