What is IIRIRA: A Look at a 1996 Law That Still Shapes Policy Today

In 1996, amid growing unease over undocumented immigration, Congress passed and President Clinton signed into law the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). This sweeping legislation fundamentally transformed how the United States addresses unauthorized migration.

What did IIRIRA do

At its core, IIRIRA increased enforcement and penalties aimed at deterring, detecting, and deporting those without legal status. Some key provisions included:

• Increasing border patrol staffing and implementing new barriers, technologies, and surveillance to enhance security. This stepped up enforcement aimed at preventing illegal entry.

• Establishing pilot programs for employment verification that later evolved into E-Verify. This made it harder for unauthorized immigrants to work.

• Expanding the categories of crimes making immigrants eligible for deportation, while restricting forms of relief. This facilitated deportation of legal permanent residents over minor offenses.

• Instituting a 3-10 year bar on readmission for immigrants who stay past visas. This addressed the issue of overstays by imposing long-term consequences.

• Restricting access to public assistance benefits for non-citizens without permanent resident status. This limited public resources going to immigrants here illegally.

Who made the IIRIRA

The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) was introduced and passed by the Republican-controlled Congress in 1996.

Specifically:

• The bill was introduced in the House of Representatives by Lamar Smith, a Republican congressman from Texas. He sponsored the legislation and helped craft key provisions.

• In the Senate, Alan Simpson, a Republican senator from Wyoming, was the chief sponsor and advocate for the bill.

• The final version passed with bipartisan support but pushed by Republicans. The House passed IIRIRA on March 21, 1996, mostly along party lines. The Senate passed their version on May 2, 1996.

• After reconciling the House and Senate bills, the final packaged bill passed 78-22 in the Senate and 333-87 in the House in September 1996. Some Democrats joined Republicans in approving it.

• President Bill Clinton, a Democrat, signed IIRIRA into law on September 30, 1996. While there was some opposition from Democrats, the partisan control of Congress by Republicans enabled passage of this significant immigration reform legislation.

So while it received some Democratic support, IIRIRA was largely shaped, authored and driven by Republican members of Congress, especially Rep. Lamar Smith and Sen. Alan Simpson, before being signed by the Democratic president.

Over two decades later, IIRIRA remains at the foundation of U.S. immigration law. It pioneered measures like expedited removal and enhanced employment checks that are now standard practices. The legislation also demonstrated the political viability of enacting restrictions and elevated immigration’s profile in national debates.

However, IIRIRA failed to completely solve the complex dilemma of unauthorized immigration. Millions still enter or overstay visas each year. Its get-tough provisions raised civil liberties concerns and humanitarian issues that continue to spur calls for reform. Nonetheless, any revamp of today’s system still has to reckon with the legal precedents and enforcement regime solidified by IIRIRA.