Federal Legislation Archives
Federal Legislation

The US government has made relatively few amendments to federal legislation dealing with undocumented immigration in the past few decades, despite the introduction of numerous pieces of legislation during the last 10 years. This has led individual states to begin formulating their own ways of dealing with the many pressing issues of illegal immigration, which has resulted in the creation of inconsistent policies across the country. In order to understand the current position of the federal government, it is necessary to understand the history of immigration laws leading up to this point. Current statutes regarding immigration are codified under Title 8 of the US Code (USC).

Prior to 1882, there were few restrictions placed on the ability of immigrants to enter the US. This began to change with the Chinese Exclusion Act, which suspended immigration to the US by people of Chinese descent. Another significant change occurred in the 1920s with the advent of national quotas which dictated the number of immigrants that could enter the US from each country around the world. This national origins formula would endure in some form until the 1960s. However, the beginning of the modern immigration regime truly begins with the Nationality Act of 1940, which was created to make a more complete nationality code. The act clarified the status of individuals residing in US territories, and identified those groups that were ineligible for citizenship. Some qualifications that were listed in the act that could be considered for eligibility of nationalization were: race/ethnicity, basic verbal English proficiency and residency. The only factors listed as being ineligible for consideration were gender and marital status.

Immigration and Nationality Act of 1952

The next development in federal immigration law came in 1952 with the passage of the Immigration and Nationality Act of 1952 [PDF], also known as the McCarran-Walter Act. This act further prohibited race from being used as a factor when considering an individual’s eligibility for nationalization. The act also created three immigrant classifications: (1) those with special skills or relatives in the US, (2) average immigrants whose country of origin had not exceeded its “quota” for the year, and (3) refugees. The act also allowed for the denial of entry to immigrants who were seen as potentially dangerous or associated with the Communist Party. This was thought necessary to ensure that the US only allowed entry to immigrants of good moral character who would abide by the principles of the US Constitution.

Immigration and Nationality Services Act of 1965

The Immigration and Nationality Services Act of 1965 is most significantly known for abolishing the national origins formula that had been in place in the US since 1924. This was the most radical change in immigration policy to date at the time. The act increased the number of immigrants coming into the country especially from Latin America and Asia in hopes of taking advantage of the opportunities that the US had to offer. The focus for approving immigrants entrance to the US was shifted to evaluate an immigrant’s employment skills and family relationships with people already in the country.

Immigration Reform and Control Act of 1986

There was little change in federal immigration policy until the passage of the Immigration Reform and Control Act of 1986, which was aimed at curbing widespread illegal immigration. The main points of the act included requiring employers to verify their employees’ immigration status and making it a crime to knowingly hire or recruit any unauthorized immigrants. The act also gave legal status to certain undocumented immigrants doing seasonal agriculture and to undocumented immigrants who entered the US before January 1, 1982, and had lived in the country continuously. The parts dealing with employers instituted the I-9 form, which requires documents of legal eligibility to accept employment.

Illegal Immigration Reform and Immigrant Responsibility Act of 1996

Ten years later, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) was passed. This legislation was seen as a more comprehensive act, and it instituted many new regulations regarding the inadmissibility of aliens for reasons including missing previous removal proceedings, violating other sections of the act, violating the terms and conditions of visas given, and those who were already “unlawfully present” in the US. Other pertinent regulations stated that aliens convicted of felonies were permanently ineligible for entrance, and dictated that removal proceedings would now cover all violations dealing with the IIRIRA. The act also addressed many of the issues that are currently being legislated and litigated today such as border patrols and interior enforcement.

REAL ID Act of 2005

One of the more recently passed pieces of federal legislation dealing with immigration was the REAL ID Act of 2005. This act had the purpose of creating a more uniform system of identification by creating more stringent minimum standards for state issued driver’s licenses and identification cards. The states were given a five-year period to adjust their standards originally, but this time frame was expanded in 2011 to extend until January 15, 2013. Some of the minimum requirements were: a photograph, a person’s date of birth, the person’s driver’s license number/identification number, the person’s address, the person’s signature, and a scanning barcode that holds the information. The act has been the object of criticism and resistance at both the state and federal levels due to its controversial nature, although proponents have argued that it is justified as a necessary element of national security in the aftermath of September 11, 2001.

Secure Fence Act of 2006

The Bush administration passed the most recent federal legislation dealing explicitly with immigration — the Secure Fence Act of 2006. The stated goal of this act was to help secure US borders in order to decrease illegal entry, drug trafficking and other security threats by building physical barriers along the US-Mexico border. The hope was that cutting off vehicle routes available to undocumented immigrants wishing to enter the country would decrease illegal immigration. However, the creation of the fence was decried as both an “embarrassment” to US international relations and “inhumane.” By April 2009, the US Department of Homeland Security had already constructed 613 miles of fencing and vehicle barriers along the border of the US and Mexico from California to Texas. Proponents of the legislation stated that while it may not be an infallible obstacle in the way of undocumented immigrants wishing to cross the border, the hope is that it would increase apprehension in attempting to cross the southern border and interfere greatly in the operations of drug traffickers.

Comprehensive Immigration Reform Act

The Comprehensive Immigration Reform Act was first proposed in 2007, although it was also reintroduced in October 2010. The legislation would have provided citizenship to approximately 12 to 20 million undocumented immigrants residing in the US. The bill also included increases in border enforcement and a revision of the criteria used in granting visas to focus more strongly on allowing highly skilled workers entrance. However, despite support in the US House of Representatives, the bill has repeatedly failed to pass the US Senate.