Illegal Immigration Reform and Immigrant Responsibility Act of 1996

Illegal Immigration Reform and Immigrant Responsibility Act of 1996
Long titleDivision C of "An Act making omnibus consolidated appropriations for the fiscal year ending September 30, 1997, and for other purposes".
Acronyms (colloquial)IIRAIRA
Enacted bythe 104th United States Congress
EffectiveApril 1, 1997
Citations
Public lawPub. L. 104–208 (text) (PDF)
Statutes at Large110 Stat. 3009-546
Codification
Acts amendedImmigration and Nationality Act of 1952
Antiterrorism and Effective Death Penalty Act of 1996
Immigration and Nationality Technical Corrections Act of 1994
Immigration Act of 1990
Anti-Drug Abuse Act of 1988
Titles amended8 U.S.C.: Aliens and Nationality
U.S.C. sections amended
Legislative history
United States Supreme Court cases

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA), is a law enacted as division C of the Omnibus Consolidated Appropriations Act of 1997 which made major changes to the Immigration and Nationality Act of 1952 (INA). IIRAIRA's changes became effective on April 1, 1997.

Former United States President Bill Clinton asserted that the legislation strengthened "the rule of law by cracking down on illegal immigration at the border, in the workplace, and in the criminal justice system—without punishing those living in the United States legally". However, IIRAIRA has been criticized as overly punitive and intensifying border militarization. With IIRAIRA, all aliens, regardless of legal status, were liable to removal and it expanded types of transgressions that could lead to removal.

Proponents of the IIRAIRA contend the law was necessary to end loopholes present beforehand in US immigration policy, which undermined the immigration system. A major motivator behind IIRAIRA was to deter further illegal immigration into the US, but the success in achieving this has been mixed, with both an increase in deportation since IIRAIRA was enacted in 1996, from around 50,000 to over 200,000 by the beginning of the 2000s, and also in illegal immigration since the enactment of IIRAIRA.

Before IIRAIRA, nonimmigrants who overstayed their visas or violated their conditions of admission were required to pay a fine, but were not restricted from later adjusting status to that of a lawful permanent resident. Since IIRAIRA, a non-immigrant who overstays their visa by one day or longer is ineligible to renew their visa. If they overstay their visa by a period between 180 and 365 days, they face a 3-year bar to reentry while an alien who overstays their visa beyond a year faces a 10-year bar.