Implementation and Impact of the Immigration Reform and Control Act of 1986: Who Carries the Burden of the Bill

Introduction

In discussing the Immigration Reform and Control Act of 1986 (“IRCA”),I our panel will explore some of the policy considerations underlying the new law, as well as the issue of whether the law is beneficial to the various groups that it affects. To begin, I would like to say a few words about the role of the Immigration and Naturalization Service (“INS”) vis-a-vis IRCA. As the administrative agency charged with implementing the law, the INS is both guided by and bound by the rather complex provisions of IRCA. As we have heard from the prior panels, there are some areas that remain open to interpretation. In these areas the INS must look to congressional intent, to the extent it is available, in interpreting the more complicated provisions of IRCA. But in large measure, what the INS may do in implementing any law is governed by what Congress has mandated must be done. With that in mind, Mr. Slattery will speak about the provisions of the new law, focusing on legalization issues and employer sanctions.

Suggested Reading

Transcript of panel discussion presenting different views about the impact of the Immigration Reform and Control Act of 1986 on labor unions and their members.