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The Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. 104-208, Div. C, 110 Stat. 3009-546 (often referred to as "i-RAI-ruh" by federal appellate law clerks, and sometimes abbreviated to IIRIRA) vastly changed the immigration laws of the United States.
In 1996 the Illegal Immigration Reform and Immigrant Responsibility Act (IIRaIRA 96) was passed and signed by President Bill Clinton. Title III of this new act created the notion of “unlawfully present” persons; specifically, the three-year, ten-year, and permanent bars were formed.
This act states that if an immigrant has been unlawfully present in the United States for 180 days but less than 365 days he or she must remain outside the United States for three years unless the person obtains a pardon. If the person has been in the United States for 365 days or more, he or she must stay outside the United States for ten years unless he or she obtains a pardon. If the person returns to the United States without the pardon, the person cannot apply for a waiver for a period of ten years. This is the permanent bar.
Constitutional issues within the law
Previously, immediate deportation was triggered only for offenses that could lead to five years or more in jail. Under the Act, minor offenses such as shoplifting, may make an individual eligible for deportation. When IIRIRA was passed in 1996, it was applied retroactively to all those convicted of deportable offenses.
However, in 2001, the U.S. Supreme Court (SCOTUS) decided that Congress did not intend IIRIRA to be applied retroactively to those who pleaded guilty to a crime prior to the enactment of IIRIRA, if that person would not have been deportable at the time that he pleaded guilty. (INS v. St. Cyr)
IIRIRA's mandatory detention provisions have also been repeatedly challenged, with less success.
Section 287(g) and relations between federal and lower levels of government
IIRIRA addressed the relationship between the federal government and local governments. Section 287(g) is a program of the act that permits the Secretary of the Department of Homeland Security to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, pursuant to a Memorandum of Agreement. This section does not simply deputize state and local law enforcement personnel to enforce immigration matters.[1] This provision was implemented by local and state authorities in five states, California, Arizona, Alabama, Florida and North Carolina by the end of 2006.[2]
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S.95: A bill to prohibit appropriated funds from being used in contravention of section 642(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
Bill Summary & Status
111th Congress (2009 - 2010)
S.95
All Information
To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to determine State residency for higher education purposes and to authorize the cancellation of removal and adjustment of status of certain alien students who are long-term United States residents and who entered the United States as children, and for other purposes.
Latest Title: A bill to prohibit appropriated funds from being used in contravention of section 642(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
Sponsor: Sen Vitter, David [LA] (introduced 1/6/2009)
Latest Major Action: 1/6/2009 Referred to Senate committee. Status: Read twice and referred to the Committee on the Judiciary.
SUMMARY AS OF: 1/6/2009--(Introduced).
Prohibits appropriated funds for the community oriented policing services program from being used in contravention of section 642(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which provides that a federal, state, or local government entity or official may not prohibit or restrict any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding an individual's citizenship or immigration status.
AMENDMENT(S): ***NONE***
RELATED BILL DETAILS: ***NONE***
Overview:
This bill is in the first step in the legislative process. Introduced bills and resolutions first go to committees that deliberate, investigate, and revise them before they go to general debate. The majority of bills and resolutions never make it out of committee. [Last Updated: Dec 3, 2010 6:17AM]
Last Action: May 14, 2009: House Education and Labor: Referred to the Subcommittee on Higher Education, Lifelong Learning, and Competitiveness.
Summaries:
Congressional Research Service Summary
The following summary was written by the Congressional Research Service, a well-respected nonpartisan arm of the Library of Congress. GovTrack did not write and has no control over these summaries.
1/6/2009--Introduced. Prohibits appropriated funds for the community oriented policing services program from being used in contravention of section 642(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which provides that a federal, state, or local government entity or official may not prohibit or restrict any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding an individual's citizenship or immigration status. |
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