Illegals Today

"Why did IRCA (1986 Immigration Reform and Control Act) fail to control illegal immigration? A major reason is a toothless sanctions scheme, which resulted from the "odd coalition" pressure by Hispanics and employers. From early on, a good-faith clause had been inserted into the Simpson-Mazzoli bill, which released employers from any obligation to check the authenticity of employees' documents: a document check conducted in good faith constituted an "affirmative defense" that the respective employer had not committed the "knowing hire" misdemeanor. In effect, employers were immune from punishment if they filled out and filed away routine I-9 forms that attested to the document check. Because the introduction of a national ID card had been blocked, some twenty-nine documents--including easily faked U.S. birth certificates, so-called breeders--served to satisfy the control requirement. The positive affirmative-defense incentive was complemented by a negative antidiscrimination incentive: demanding a specific ID constituted an "unfair immigration related employment practice." So employers were better off accepting the document passively offered by the prospective employee. . . The civil rights imperative of nondiscrimination has obviously stood in the way of effective immigration control.

From Christian Joppke, “Why liberal states accept unwanted immigration,” World Politics, Vol. 50, No. 2. (Feb., 1998), pp. 266-293.

Illegal immigration
Comprehensive Immigration Reform Act
amnesty
Guest workers
Immigration Reform and Control Act