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Explainer: The Immigration Reform and Control Act of 1986 (IRCA)
Background:
In the 1970’s there was an increase of refugees coming in from Central America. This was due to civil and political unrest in countries that have experienced civil war, such as Guatemala, El Salvador and Nicaragua. It is important to understand that these events happened amid the Cold War, with the U.S. financing these civil wars as a tactic to prevent the spread of communism in the area.
What the IRCA did:
- introduced both civil and criminal penalties to employers that hired undocumented immigrants or people who did not have a work authorization in the U.S.
- allowed the legalization of undocumented immigrants who entered the country before the year 1982. This led to legal permanent residency (LPR) and prospective naturalization.
- established that farmworkers who were able to prove that they had been working for at least 90 days in the U.S. were eligible to apply for a legal permanent residency.
- increased the budgets for both the Department of Labor and Border Patrol to stop or decrease the unlawful crossings to the U.S.
Implications:
- For immigrants wanting to apply for Legal Permanent Residence: they had to apply within one year, pay a fee, provide thorough documentation that included: 1) fingerprints, 2) employment history, 3) proof of continuous residency, and other documents.
- For employees: After IRCA was signed in November of 1986, employees in the U.S. were now required to fill out the I-9 form which informed the employer whether they were allowed to work in the U.S. They also had to do medical examinations and other interviews. This was in order to protect undocumented immigrants from being exploited by their employers due to their lack of status.
- For those without legal status: 3 million individuals, mostly hispanic, gained legal status through IRCA. This allowed them to start having a more secure and stable life in the U.S. without fear of deportation.
From Abara:
Abara feels strongly that comprehensive immigration reform is needed 40 years after IRCA was passed in congress. Although migration has always been a part of the human story, nowadays migration is happening at faster rates across the globe. Thus, there is an urgent need to ensure that the U.S. has a system in place that safeguards migrants/immigrants rights and treats them with dignity and respect.
Take Action:
- Want to start a personal advocacy practice? Abara created this resource: Beginning a Sustainable Advocacy Practice
- Here’s a toolkit that will help you to take your next action Civic Engagement Toolkit » Christian Community Development Association
- If you are from Texas, these are useful links to keep track of bills/legislation and major decisions from your representatives:
- If you are interested in understanding migratory patterns to the U.S. back in those years and in the current era, here is our list of recommended books for further learning.