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Immigration Reform and Control Act of 1986 : ウィキペディア英語版
Immigration Reform and Control Act of 1986

The Immigration Reform and Control Act (IRCA), , also known as the Simpson-Mazzoli Act, signed into law by Ronald Reagan on November 6, 1986, is an Act of Congress which reformed United States immigration law. The Act〔Coutin, Susan Bibler. 2007. Nation of Emigrants. Cornell University Press, Ithaca, NY. pg 179〕
* required employers to attest to their employees' immigration status;
* made it illegal to hire or recruit illegal immigrants knowingly;
* legalized certain seasonal agricultural illegal immigrants, and;
* legalized illegal immigrants who entered the United States before January 1, 1982 and had resided there continuously with the penalty of a fine, back taxes due, and admission of guilt; candidates were required to prove that they were not guilty of crimes, that they were in the country before January 1, 1982, and that they possessed minimal knowledge about U.S. history, government, and the English language.
At the time, the Immigration and Naturalization Service estimated that about four million illegal immigrants would apply for legal status through the act and that roughly half of them would be eligible.
==Legislative background and description==

Romano L. Mazzoli was a Democratic representative from Kentucky and Alan K. Simpson was a Republican senator from Wyoming who chaired their respective immigration subcommittees in Congress. Their effort was assisted by the recommendations of the bipartisan Commission on Immigration Reform, chaired by Rev. Theodore Hesburgh, then President of the University of Notre Dame.
The law criminalized the act of engaging in a "pattern or practice" of knowingly hiring an "unauthorized alien"〔See section 101 of the Immigration Reform and Control Act of 1986, amending the Immigration and Nationality Act to create a new section 274A, codified as 8 U.S.C. section 1324a.〕 and established financial and other penalties for those employing illegal immigrants under the theory that low prospects for employment would reduce undocumented immigration. Regulations promulgated under the Act introduced the I-9 form to ensure that all employees presented documentary proof of their legal eligibility to accept employment in the United States.〔8 C.F.R. sec. 274a.2.〕
These sanctions would apply only to employers that had more than three employees and did not make a sufficient effort to determine the legal status of their workers.
The first Simpson-Mazzoli Bill was reported out of the House and Senate Judiciary Committees. The bill failed to be received by the House, but civil rights advocates were concerned over the potential for abuse and discrimination against Hispanics, growers' groups rallied for additional provisions for foreign labor, and the U.S. Chamber of Commerce persistently opposed sanctions against employers.
The second Simpson-Mazzoli Bill finally passed both chambers in 1985, but it came apart in the conference committee over the issue of cost. The year marked an important turning point for the reform effort. Employer opposition to employer sanctions began to subside, partly because of the "affirmative defense" clause in the law that explicitly released employers from any obligation to check the authenticity of workers' documents.
Also, agricultural employers shifted their focus from opposition to employer sanctions to a concerted campaign to secure alternative sources of foreign labor. As opposition to employer sanctions waned and growers' lobbying efforts for extensive temporary worker programs intensified, agricultural worker programs began to outrank employer sanctions component as the most controversial element of reform.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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