The Changing Landscape of Immigration in 1996 (The 1996 Law)
In 1996, President Clinton signed two monumental bills that reformed U.S. immigration laws: The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) and the Antiterrorism and Effective Death Penalty Act (AEDPA). These laws dramatically changed the procedures for legal immigration and getting permanent resident status.
What '90s immigration reform did
Adjustment of Status
The process of adjustment of status, which allows immigrants already in the U.S. to apply for a green card, became much more difficult after 1996. Stricter eligibility requirements and caps on numbers made getting permanent residency this way a challenge.
Where Things Stand Now:
The process has become longer and more backlogged, with wait times of 1-2 years or more now common. Some categories like family-based adjustment are extremely overloaded.
Affidavit of Support
The laws mandated Affidavits of Support for most green card applicants. This contract legally obligates the sponsor to provide financial support and ensures immigrants will not rely on public benefits.
Where Things Stand Now:
Income requirements have remained at 125% of poverty level since 1997. Proposals to update thresholds were made in 2019 but not enacted.
Asylum
For asylum seekers, the standard of proof for demonstrating “credible fear” was heightened. This made it harder for asylum seekers to establish eligibility.
Where Things Stand Now:
Standards were tightened even further in the early 2000s and after 9/11. Recent updates allow more discretion for judges and aim to address backlogs.
Criminal Aliens
The laws made it easier to detain and deport immigrants convicted of a wide range of crimes, even non-violent offenses. This allowed criminal aliens to be removed from the country.
Where Things Stand Now:
Expansion of deportable offenses occurred in 1996 with IIRIRA, and again in 1996 with AEDPA. Further expansions happened with laws in 1996, 1997, and 2006. Biden priorities in 2021 focused on serious criminals.
Overstays
To address visa overstays, the laws established tracking systems and imposed penalties on those who overstayed visas. This aimed to curb this form of illegal immigration.
Where Things Stand Now:
The 1996 laws first established tracking and penalties. Additional measures like US-VISIT (2004) and E-Verify (2007) aim to identify overstays. Fines increased in 2004 and 2019.
Visa Lottery
The controversial visa lottery program was scaled back significantly under the reforms. This program was seen as an easy path to U.S. immigration.
Where Things Stand Now:
The program was reduced to 55,000 visas per year in 1997. Trump suspended it entirely via executive order in 2020.
In all, the 1996 reforms had profound effects on both legal and illegal immigrants at the time. The laws made legal immigration and paths to permanent residency more challenging. They also ramped up enforcement and restrictions targeting undocumented immigrants. While politically controversial, these reforms continue to shape U.S. immigration policy today.
The 1996 laws were a turning point in immigration policy. The reforms enacted then laid the groundwork for many aspects of enforcement and visa programs that remain integral to the system currently.