The impact of the new immigration reform act

T h e Immigration Reform and Control Act of 1986 (IRCA) became law last fall, barely two months after most observers had concluded that the 99th Congress would be unable to reach agreement on its sensitive provisions. A monumental, complex amendment to the Immigration and Nationality Act, the new law addresses related issues of border control, status of undocumented aliens, labor supply and employment practices, civil rights, social services, and administration of the law itself. The 1986 law was passed “to effectively control unauthorized immigration to the United States” (Conference Committee Report 99-1000, p. 1). It is based on beliefs that a sovereign nation needs to control its borders, that U.S. borders are out of control, and that those aliens who cross them seek income through employment. The main thrust of the law is therefore to reduce job opportunities for unauthorized aliens by prohibiting employers from hiring them. Although it affects all employers and employees in the nation, the act will have its greatest impact on illegal aliens and their employers, many of whom farm in California. Under the act, employers are now prohibited from hiring unauthorized aliens, but many aliens who have lived or worked here illegally can acquire legal status. Special provisions in the law are designed to assist producers of perishable crops in making the transition to a legal workforce, and in general, the law contains measures to soften and defer the more substantial adjustments it requires. The law became effective when signed November 6, 1986, but it gives employers, aliens, and agencies time to learn and adjust to what it requires of them. The U.S. Department of Justice (Attorney General), in cooperation with the Departments of Agriculture, Labor, Health and Human Services, Commerce, and State, has until June 1, 1987, to disseminate forms and information about the law. Drafts of regulations, forms, and procedures are currently being circulated for public comment. Those affected by the Immigration Reform and Control Act will need to understand the act and its provisions, but the law is not yet entirely clear. While it specifies timetables, penalties, and implementation guidelines, it also directs government agencies to develop many operating regulations. Statutory amendments and judicial decisions will undoubtedly further clarify the law in the coming years.