Immigration Reform and Control Act of 1986

Summary

Immigration Reform and Control Act of 1985 - Title I: Control of Illegal Immigration - Part A: Funding for Improved Enforcement - Expresses the sense of the Congress that resources should be increased for: (1) border patrol and other enforcement activities; and (2) examinations and other Immigration and Naturalization Service (INS) service activities. Amends the Immigration and Nationality Act to authorize FY 1986 and 1987 INS appropriations. Expresses the sense of the Congress that: (1) U.S. immigration laws should be vigorously and uniformly enforced; and (2) in so doing the rights and safety of U.S. citizens and aliens should be safeguarded. Authorizes additional appropriations to the Department of Labor for enforcement activities of the Wage and Hour Division and the Office of Contract Compliance. Authorizes alien user fees with respect to INS facilities and services. Part B: Increased Penalties for Immigration-Related Violations - Makes it unlawful to: (1) bring an alien into the United States knowing, or in reckless disregard of the fact, that such alien has not received prior authorization to enter the country; and (2) fraudulently misuse or manufacture entry or work documents. Prohibits adjustment of status to permanent resident for violators of (nonimmigrant) visa terms. Part C: Control of Unauthorized Employment of Aliens - Makes it unlawful for a person to knowingly hire, maintain in his or her employment, or refer or recruit for a fee any alien not authorized to work. Makes the following of the verification procedure set forth in this Act an affirmative defense to any unlawful hiring charge. Sets forth such verification system. Requires an employer of four or more persons to attest, under penalty of perjury, that he or she has examined an employee's identification and work authorization papers. Requires an employee to attest, under penalty of perjury, to his or her citizenship or legal work status. Requires an employer to keep verification forms for: (1) three years in the case of referral or recruitment; or (2) the later of three years or one year after employment termination in the case of hiring. Directs the President to monitor and evaluate such verification system, and implement changes as necessary within 60 days after notifying the appropriate congressional committees (within two years for a major change). Authorizes demonstration projects. Prohibits the use of such system or any required identification document for other law enforcement purposes. Sets forth graduated civil penalties and cease and desist orders for verification violations. Provides for: (1) private party complaints; and (2) a six-month warning period. Separates temporary agricultural labor ("N" visa) from other temporary labor for purposes of nonimmigrant worker provisions. Requires an employer visa petition to certify that: (1) there are not enough local U.S. workers for the job; and (2) similarly employed U.S. workers' wages will not be adversely affected. Permits the Secretary of Labor to charge application fees. Prohibits the Secretary from approving a petition if: (1) the job is open because of a strike or lock-out; or (2) the employer has violated previous certification terms within the past two years. Provides with regard to temporary agricultural workers that: (1) employers need not submit such petition more than 65 days in advance of need; (2) the Secretary must notify an employer if there is a petition error within 14 days; (3) the Secretary must decide on a petition within 20 days of need; (4) producer associations may file such petitions; and (5) the Secretary shall establish expedited procedures for review of denied petitions or de novo administrative hearings. Disqualifies from such program an alien who within the past five years has violated a condition of a previous temporary worker admission. Authorizes the transfer of such workers among employers. Authorizes appropriations beginning with FY 1986 to recruit domestic workers and monitor such program. Prohibits such alien workers from adjusting their status to permanent resident. Directs the Attorney General in consultation with the Secretaries of Agriculture and Labor to approve program regulations. Establishes a three-year agricultural labor transition program whereby certain undocumented seasonal agricultural workers may continue to be employed. Reduces the number of such workers by one-third during each of the three years. Establishes a 12-member agricultural worker commission to review and report to the Congress within two years on U.S. agricultural labor programs. Authorizes appropriations. Terminates such commission 27 months after the effective date of this Act. Title II: Legalization of Status - Establishes a 16-member Select Commission on Legalization to monitor and review: (1) the border review and other Federal enforcement programs; and (2) Federal programs aimed at eliminating the employment of unauthorized aliens. Requires annual reports to the Congress beginning within one year after a majority of the Commission's members are appointed. Terminates such Commission upon the effective date of the legalization program, except that it may continue to function for up to 90 days in order to conclude its activities. Authorizes temporary resident status for: (1) illegal aliens who have been physically present in the United States since before January 1, 1980; or (2) Cuban/Haitian entrants granted special status prior to January 1, 1981. Authorizes persons granted such temporary status to adjust to permanent resident status three years after receiving temporary status. Requires a demonstration of basic citizenship skills. Requires aliens to apply for temporary legalization status within a 12-month period beginning 90 days after such program becomes effective. Permits such temporary residents to: (1) travel abroad; and (2) work in the United States. Authorizes the use of qualified organizations approved by the Attorney General to assist in program implementation and outreach. Provides penalties for false application statements. Establishes a legalization fee of at least $100. Requires that corroborated employment information be submitted with the legalization application. Prohibits legalization of an alien who: (1) has been convicted of a felony or three or more misdemeanors in the United States; (2) has been convicted of a crime of moral turpitude or a drug offense other than possession of less than 30 grams of marijuana; (3) is a threat to the security or welfare of the United States; or (4) has assisted in political, religious, or racial persecution, including the Nazi persecutions. Permits waiver of residency requirements to avoid situations of family hardship. Makes legalized temporary residents (other than Cuban/Haitian entrants) and permanent resident for the first three years ineligible for Federal public assistance. Directs the Attorney General, in cooperation with designated agencies and the Secretary of Labor, to disseminate program information. Authorizes specified appropriations for three years for reimbursement of State legalization costs. Bases distribution among the States on: (1) the number of legalized aliens within the State; (2) the ratio of such aliens to the number of State residents; (3) the amount of a State's estimated program expenditures; and (4) the ratio of a State's program expenditures to the total expenditure of all States. Requires States to submit annual program reports to the Secretary of Health and Human Services. Title III: Other Changes in the Immigration Law - Increases the annual colonial quota from 600 to 3,000 visas. Authorizes the three-year pilot visa waiver program for up to eight countries providing similar benefits to U.S. visitors. Requires such visitors to the United States to: (1) have a nonrefundable roundtrip ticket; and (2) stay in the United States for not more than 90 days. Includes within the definition of "special immigrant" unmarried sons and daughters and surviving spouses of employees of certain international organizations ("I" status). Grants nonimmigrant status to: (1) parents and children receiving "I" status while they are minors; and (2) other children of such parents or a surviving "I" status spouse. Title IV: Reports - Directs the President to transmit to the Congress: (1) not later than January 1, 1987, and not later than January 1 of every third year thereafter, a comprehensive immigration-impact report; and (2) annual reports for five years on unauthorized alien employment and discrimination in employment. Directs the Comptroller General to report annually for five years to the Congress and to the task force (as provided for by this Act) on the impact of the employer sanctions program. Directs the Attorney General jointly with the Chairman of the Civil Rights Commission and the Chairman of the Equal Employment Opportunity Commission, to establish a task force to review the Comptroller General's report. Directs the Attorney General and the Secretary of State to jointly monitor the pilot visa waiver program and report to the Congress within two years. Directs the President to submit to the Congress an initial and a second report (three years after the first report) on the impact of the legalization program.

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Documents

6 official files

• Public Law (PDF)

  Public Law · EN · 7 November 1986

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• Conference report filed in House

  summary · EN · 14 October 1986

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• Passed House amended

  summary · EN · 9 October 1986

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• Passed Senate amended

  summary · EN · 19 September 1985

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• Reported to Senate with amendment(s)

  summary · EN · 28 August 1985

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• Introduced in Senate

  summary · EN · 23 May 1985

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