The Illegal Immigration Reform and Immigrant Responsibility Act of 1996
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (or IIRAIRA 96) was passed in 1996 and was designed to set up strict punishments for illegally entering and remaining in the United States.
It is part of the ongoing legislative effort to curb the illegal immigration issue in the US by making it possible to deport illegal immigrants for relatively minor crimes, then bar them from returning based on how long they have been breaking the law by living in the United States.
The Provision of the Law The IIRAIRA 96 has three major provisions which empower law enforcement officials to remove people living in the United States illegally.
They are: · If an immigrant has lived illegally in the US for more than 180 days but fewer than 365, he or she must remain outside of the country for at least three years, unless granted a pardon.
This is called the three-year bar.
· If a person has lived illegally in the US for more than 365 days, he or she cannot reenter the country for at least ten years, unless he or she is granted a pardon.
This is referred to as the ten-year bar.
· If a person has received one of the bars and returns to the United States before the bar has passed, or without a pardon, he or she is unable to apply for a waiver to the bar for not less than ten years.
This is called the permanent bar.
The IIRAIRA 96 has affected people of all nationalities, especially following the immigration crackdown following 2001.
As a result of the sweeping nature of the law, the legality of its premise has been called into question by constitutional scholars and lawyers alike, although to little avail.
It is part of the ongoing legislative effort to curb the illegal immigration issue in the US by making it possible to deport illegal immigrants for relatively minor crimes, then bar them from returning based on how long they have been breaking the law by living in the United States.
The Provision of the Law The IIRAIRA 96 has three major provisions which empower law enforcement officials to remove people living in the United States illegally.
They are: · If an immigrant has lived illegally in the US for more than 180 days but fewer than 365, he or she must remain outside of the country for at least three years, unless granted a pardon.
This is called the three-year bar.
· If a person has lived illegally in the US for more than 365 days, he or she cannot reenter the country for at least ten years, unless he or she is granted a pardon.
This is referred to as the ten-year bar.
· If a person has received one of the bars and returns to the United States before the bar has passed, or without a pardon, he or she is unable to apply for a waiver to the bar for not less than ten years.
This is called the permanent bar.
The IIRAIRA 96 has affected people of all nationalities, especially following the immigration crackdown following 2001.
As a result of the sweeping nature of the law, the legality of its premise has been called into question by constitutional scholars and lawyers alike, although to little avail.
Source...