Immigration Reform and Control Act of 1986

1. Immigration Reform and Control Act of 1986 Aaron Humphreys Melissa Jones

2. What It Does • Makes it unlawful for an employer to hire any person who is not legally authorized to work in the United States • Requires employers to verify the employment eligibility of all new employees • Prohibits discrimination in hiring and discharge based on national origin and on citizenship status • Legalized the status of undocumented entrants who had arrived prior to January 1, 1982

3. Features • Anti-discrimination provisions: • are intended to prevent employers from discriminating against foreign-looking or foreign-sounding job applicants. • apply to smaller employers than those covered by EEOC-enforced laws. • National origin discrimination provisions apply to employers with between 4 and 14 employees (who would not be covered by Title VII) • Citizenship discrimination provisions apply to all employers with at least 4 employees

4. History Before 1986 • In 1875, first restrictive statute for immigration, barring convicts and prostitutes from admission • In 1882, Chinese Exclusion Act, the nation's first racist, restrictive immigration law, repealed in 1943 • Gentleman's Agreement of 1907, restrict Japanese migration, effectively ended the influx of Japanese nationals to the US • 1921, Quota Act which limited the number of immigrants per country to 3% allowed to enter the US • 1924, Immigrant Act, superseded the Quota Act and lowered the quota to 2% percent. • Operation Wetback: • anti-Mexican campaign • Between 1939 and 1954, the INS deported three million undocumented and documented Mexican immigrants and U.S. citizens anti-Mexican campaign

5. Immigration Act of 1965 • Known as Hart-Celler Act of 1965 • Established the basic structure of today's immigration law • Abolished the national origins quota system • Family reunification became the cornerstone of U.S. immigration policy. • Visas: • 170,000 visas to countries in the Eastern Hemisphere • 120,000 to countries in the Western Hemisphere • Increased the annual ceiling on immigrants from 150,000 to 290,000 • Changed the preference system for the first time which gave family members of citizens and legal aliens a higher preference than people will special skills

6. History After 1986 • 1990 Immigration Act (IMMACT) • Modified and expanded the 1965 act • significantly increased the total level of immigration to 700,000 • increasing available visas 40 percent • doubled employment-related immigration • admission of immigrants from "underrepresented" countries to increase the diversity of the immigrant flow • In 1996, the Antiterrorism and Effective Death Penalty Act (AEDPA) • Targeting terrorism and other crimes • expands the grounds of deportability for immigrants convicted of crimes and narrows previous forms of relief • Personal Responsibility and Work Opportunity Reconciliation Act of 1996 • known as the "welfare reform" bill • made major changes in the public benefits available to legal immigrants • makes even permanent residents ineligible for most federal benefits • Congress intended for the Act to encourage self-sufficiency and remove the supposed "extra incentive" for migrating to the United States either legally or illegally • Illegal Immigrant Responsibility Act of 1996 (IIRAIRA) • focuses on the quick removal of undocumented immigrants • increase in criminal penalties for immigration-related offenses and enhanced enforcement authority

7. Recent Activity • American Competitiveness in the 21st Century Act of 2000 • http://www.ohr.wisc.edu/ifss/otherinfo/newimmigrationinfo.html • USA PATRIOT Act of 2001 • dramatically expanded the authority of American law enforcement for the stated purpose of fighting terrorism in the United States and abroad • used to detect and prosecute other alleged potential crimes, such as providing false information on terrorism • Enhanced Border Security and Visa Entry Reform Act of 2002 • To enhance the border security of the United States • adds provisions of new law that is pertinent to visa operations • The Homeland Security Act of 2002 • Expansion of the Office of Homeland Security • Created to increase the fight on terrorism • 2006 President Bush Signs Secure Fence Act • Recent Activity about Immigration

8. The Homeland Security Act of 2002 • Primary missions: • preventing terrorist attacks within the United States • reducing the vulnerability of the United States to terrorism at home • minimizing the damage and assisting in the recovery from any attacks that may occur • Five major functions: • information analysis and infrastructure protection • chemical, biological, radiological, nuclear, and related countermeasures • border and transportation security • emergency preparedness and response • coordination with other parts of the federal government, with state and local governments, and with the private sector

9. BORDER AND TRANSPORTATION SECURITY • Primary responsibilities: • preventing the entry of terrorists and the instruments of terrorism into the United States • securing the borders, territorial waters, ports, terminals, waterways, and air, land, and sea transportation systems of the United States • administering the immigration and naturalization laws of the United States, including the establishment of rules governing the granting of visas and other forms of permission to enter the United States to individuals who are not citizens or lawful permanent residents • administering the customs laws of the United States • ensuring the speedy, orderly, and efficient flow of lawful traffic and commerce in carrying out these responsibilities • Agencies Involved: • United States Customs Service (now in the Department of the Treasury) • Immigration and Naturalization Service (now in the Department of Justice) • Animal and Plant Health Inspection Service (now in the Department of Agriculture) • Coast Guard (now in the Department of Transportation) • Transportation Security Administration (now in the Department of Transportation) • Allows the Secretary of Homeland Security control the processing of visas to enter the US • Secretary of State still has authority to deny visas to aliens based on foreign policy interests of the US • Authorizes the Secretary of Homeland Security to delegate his authority to State Department and other federal government personnel • Secretary will exercise his authority through the Secretary of State

10. Employer Requirements • Employers must keep each I-9 on file for at least three years, or one year after employment ends, whichever is longer • I-9 Form • Required by this act for employers to complete for employee verification purposes • Where to get the form: • Superintendent of Documents U.S. Government Printing Office Washington, DC 2040

11. Types of Residency • Green Card • Visas • Australian (E-3) in Specialty Occupation • Border Crossing Card – Mexican Travelers • Business, Tourist and Visitors • Chile Free Trade Agreement (FTA) Professional • Diplomats and Government Officials • Exchange Visitors • Fiance(e) to Marry U.S. Citizen/Spouse • International Organizations & NATO • Media & Journalists • Mexican and Canadian NAFTA Professional Worker • Religious Workers • Singapore Free Trade Agreement (FTA) Professional • Students • Temporary Workers Overview • Treaty Traders & Treaty Investors • Visa Renewals

12. Green Card • What it is: • A form of Lawful Permanent Residency status • is a way for people who are not citizens of the United States (immigrants) to live and work in the country while enjoying virtually all of the privileges of U.S. citizenship • How to get it: • Sponsorship by a relative that resides in the United States who is either a United States citizen or lawful permanent resident • Sponsorship by a United States employer through an offer of employment in the U.S. • Winning the "Green Card" Diversity Visa lottery • After being granted refugee status or through a grant of asylum due to persecution in one’s homeland • Being a member of a special class of people who the United States Government has decided to grant "Green Card" status to • Call Matthew Kolken at (716) 854-1541 for any green card issues

13. Green Card AcceptancePreference System • FIRST PREFERENCE: • Up to 40,000 visas a year for priority workers: • People who have "extraordinary ability • outstanding professors and researchers • Certain multinational executives and managers • Any visas left over from the fourth and fifth preferences are added to this category. • SECOND PREFERENCE: • Up to 40,000 visas a year • issued to members of the professions holding advanced degrees or aliens of exceptional ability • THIRD PREFERENCE: • Up to 40,000 visas a year • issued to skilled workers, professionals • capable of performing unskilled labor who are not temporary or seasonal • limited to 5,000 visas per year. • FOURTH PREFERENCE: • Up to 10,000 visas a year • Issued to special immigrants, including ministers, religious workers, former U.S. government employees • FIFTH PREFERENCE: • Up to 10,000 visas a year • Issued to persons who have between $500,000 and $3 million to invest in a job-creating enterprise in the U.S. • At least 10 U.S. workers must be employed by each investor • The amount of money can vary depending on which area of the country will benefit from the investment • If the investor fails to meet the conditions specified, he or she can lose permanent resident status.

14. E-3 Visas • The E-3 Visa is a new visa for Australian nationals to work in specialty occupations in the U.S. It has many advantages over the other types of working visas, including the ability for spouses of E-3 recipients to apply for work authorization

15. Border Crossing Card • The biometric border crossing card project is a joint effort of the Department of State and the Citizenship and Immigration Services in the Department of Homeland Security to comply with the Section 104 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 • The law requires that every Border Crossing Card issued after April 1, 1998, contains a biometric identifier such as fingerprint, and be machine-readable • The new BCC is a laminated, credit card-style document with many security features and ten-year validity • The card is called a laser visa • Most Mexican visitors to the U.S. whether traveling to the border region or beyond, receive a laser visa

16. Diplomats and Foreign Government Officials • Diplomatic visas are used by diplomats and other government officials for travel to the United States • With the exception of a Head of State or Government who qualifies for an A visa regardless of the purpose of his or her visit to the United States, the type of visa required by a diplomat or other government official depends upon their purpose of travel to the United States

17. Media • The media visa is a nonimmigrant visa for persons desiring to enter the United States temporarily who are representatives of the foreign media traveling to the United States, engaging in their profession, having the home office in a foreign country

18. Mexican and Canadian NAFTA Professional Worker • The nonimmigrant NAFTA Professional visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States • Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional

19. Temporary Religious Workers • The Immigration and Nationality Act provides a nonimmigrant visa category “R” for aliens proceeding to the United States to work in a religious capacity • Religious workers include ministers of religion who are authorized by a recognized denomination to conduct religious worship and perform other duties usually performed by members of the clergy such as administering the sacraments, or their equivalent

20. Student Visa • If a student is taking more than 18 hours a week, he/she will need to apply for a student visa • In most countries, first time student visa applicants are required to appear for an in person interview • However, each embassy and consulate sets its own interview policies and procedures regarding student visas • Students should consult Embassy web sites or call for specific application instructions

21. Temporary Workers • If you want to work in the U.S. temporarily, under immigration law, you need a specific visa, based on the type of work you will be doing. Most temporary worker categories require the approval of a petition by U.S. Citizenship and Immigration Services before you can apply for your visa

22. Treaty Traders and Treaty Investors • The Immigration and Nationality Act provides nonimmigrant visa status for a national of a country with which the United States maintains a treaty of commerce and navigation who is coming to the United States to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital

23. Immigration and Managers • Effects of Immigration on Managers • Communication • Culture • Diversity • Education

24. Communication • Every year more foreign speaking people enter the United States • If Managers can’t speak the languages of their employees their will be communication problems

25. Culture • Employers must think of their employees and their ways of living. • For Latino’s, family always comes first, along with religion. • Latinos will represent 25 percent of the United States population by 2050.

26. Diversity • Employers must understand different nationalities will work differently and work together differently. • For example, Latinos are very caring and inquisitive while most Americans would rather keep their personal life to themselves.

27. Education • With a quarter of the population being Latinos in the near future, employers must realize the lack of education and opportunity. • A barrier will be present when training, communicating, and learning.

28. New York Construction • The issue that comes up is whether a general contractor may be liable under the federal law for a subcontractor's knowing employment of illegal workers • The law expressly exempts "independent contractors" from employment verification, it imposes the same verification burden on the "contractor supplying the labor or service.“ • Williams et al. v. Mohawk Industies • Corporation and its suppliers of temporary workers can constitute an “enterprise” for purposes of civil liability under RICO • US Supreme Court ordered the case to be further reviewed • Immigration laws are a new issue and there has not been many cases tried to interpret the laws

29. Effects on Middle Eastern Immigrants • Immigrants from Muslim countries are fearful of speaking out in the post-Sept. 11 climate • Imad, a illegal middle eastern immigrant said "Everybody thinks we're terrorists, if we go have demonstrations, it's going to make it worse for us.“ • He arrived from Jordan on a student visa in 1990 and never left, even though his visa expired in 1997 • Mexicans and other Latin American immigrants have been at center stage of Congress Debates • Southeastern Michigan has an estimated 300,000 people of Arab descent • They are highly discriminated against and possibly denied jobs and service because of their race

30. Effects on the Economy • Minority Report Map • Immigrants are an essential element in keeping the American economy strong • U.S. government has forecast a shortage of 20 million workers by 2026 • Ten High-Tech Companies started by Immigrants earned $31 Billion in revenues in 2002

31. Companies Effected • Walmart • Western Union • Drop in money transfers to Mexico • Laws caused stockholders to pull out • The hijackers, including Mohammed Atta, used Western Union to transfer money in 2001, according to the 9/11 Commission Report • Marriott International • One of the best companies for Minorities • Greyhound Lines, Inc • Fired employees who sold tickets to illegal immigrants because of Golden State Transportation Co. of Los Angeles

32. Fines • A person commits a federal felony when he: • assists an alien whom he knows is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him to obtain employment • encourages that alien to remain in the U.S., by referring him to an employer, by acting as employer or agent for an employer in any way • knowingly assists illegal aliens due to personal convictions. • Conspiracy to commit the crimes of: • sheltering, harboring, or employing illegal aliens • is a separate federal offense punishable by a fine of up to $10,000 or five years imprisonment • Failure to comply with the employment verification system • paperwork violations range from $100 to $1,100 per employee • Employment of unauthorized aliens • range between $250 and $11,000 per unauthorized alien • Golden State Transportation Co. of Los Angeles • Transported an estimated 42,100 illegal immigrants from Tucson, Ariz., to Los Angeles, using a roundabout route through Las Vegas to avoid Border Patrol checkpoints • The company paid a $3 million fine and forfeited a downtown Phoenix terminal.

33. Game

34. Diplomats Visa

35. Green Card

36. Australia Visa

37. Cheap Way Over

38. Media Visa

39. Boarder Crossing Cards

40. Mexican and Canadian NAFTA Professional Worker Visa

41. Student Visa

42. Temporary Worker Visa

43. Links Used • http://academic.udayton.edu/race/02rights/immigr01.htm • http://www.whitehouse.gov/deptofhomeland/analysis/ • http://www.cis.org/articles/1995/back395.html • http://www.rapidimmigration.com/usa/1_eng_immigration_facts.html • http://www.whitehouse.gov/infocus/immigration/