Citation

Arp W, Baver SL. Int. Migr. 1994; 32(3): 425-444.

Copyright

(Copyright © 1994, Intergovernmental Committee for European Migration [and] Research Group for European Migration Problems)

DOI

unavailable

PMID

12289762

Abstract

Despite the passage of the Immigration and Control Act of 1986 (IRCA) the United States Border Patrol arrested about 1 million illegal aliens crossing the border in 1990. This phenomenon suggests that the IRCA has failed to control illegal immigration to the United States. Structural analysis of its implementation by the Immigration and Naturalization Service (INS) was analyzed. Under an agreement with the INS to process illegal workers, community-based organizations in Arizona and New York became certified Qualified Designated Entities (QDEs). In 1988 the INS carried out a study to measure the impact of IRCA and solicited data from 9 QDEs. Data were obtained from 308 illegal aliens who failed to apply for amnesty and another 286 temporary legal residents. In the New York study information was collected from the QDEs between 1987 and 1989, and also in the summer of 1989 a group of 171 amnesty applicants were surveyed. All QDEs stated that implementation was hampered by excessive documentation, lack of strong family unification provisions, the financial cost of seeking legalization, and a fear of the INS. The Arizona and New York studies indicated that excessive documentation, fear of the INS (46% in New York), and fear of family separation (47% in New York) were the major factors why the targeted people did not come forward. Instead of seeking a proper balance between the written words of IRCA and the intent of Congress, INS developed guidelines that ignored the relevant facts presented by respected QDEs and Latino groups. In reality, INS sought to prevent illegal entry through amnesty offices throughout the United States. The eligibility requirements issued by the INS for amnesty served to limit and constrain participation in that program.

Language: en