40 Years After IRCA, What Did We Learn?

Forty years ago this month, Congress passed the Immigration Reform and Control Act of 1986 (IRCA), a law intended as a grand bargain: legalizing millions of illegal aliens while establishing workplace enforcement to end the economic magnet that encouraged illegal immigration. Spoiler alert: the amnesty happened, the enforcement did not. On this 40th anniversary, Parsing Immigration Policy features a discussion with two former INS officials who dealt firsthand with the law and its aftermath. CIS Executive Director Mark Krikorian moderates the discussion with Dan Cadman, a former INS deputy director of investigations and CIS fellow, and Dan Vara, a former INS/ICE attorney and CIS board member. Among the lessons discussed: IRCA’s legalization was not matched by the resources needed for workplace enforcement. Cadman notes that INS did not add investigative officers or resources after the law was passed, making widespread employer education, audits, and worksite enforcement unrealistic. The rush to process millions of legalization applications led to changes in adjudication procedures, including eliminating one-on-one interviews and conducting them remotely, which resulted in massive fraud. Vara describes seeing document fraud almost immediately, as applicants focused on how to obtain the documents they needed rather than whether they qualified. Vara emphasizes that “immigration is politics and politics is immigration,” while the speakers argue that those who pushed the amnesty — including Senators Ted Kennedy and Orrin Hatch, plus the National Council of La Raza (now known as UnidosUS) — ultimately sought to get everyone into the pipeline and then undo the grand bargain. The speakers warn that policymakers should never put benefits first while leaving vague or impossible enforcement goals to be accomplished later. Cadman summarizes the central lesson: “Amnesty is a mistake.” In his closing comments, Krikorian draws attention to a new DHS watchdog report on visa overstays during the Biden administration. The report demonstrates that the Biden/Mayorkas DHS not only admitted millions of inadmissible aliens at the border, but also effectively ignored this other means of illegal immigration, failing to investigate even those visa overstays deemed a threat to public safety. Host Mark Krikorian is the Executive Director of the Center for Immigration Studies. Guests Dan Cadman is a Fellow at the Center for Immigration Studies. Dan Vara is a Board Member of the Center for Immigration Studies. Links Report: Biden Administration Took Little Action on Alien Overstays, Including Those Deemed Threats to National Security Intro Montage Voices in the opening montage: Sen. Barack Obama at a 2005 press conference. Sen. John McCain in a 2010 election ad. President Lyndon Johnson, upon signing the 1965 Immigration Act. Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech. Laraine Newman as a "Conehead" on SNL in 1977. Hillary Clinton in a 2003 radio interview. Cesar Chavez in a 1974 interview. House Speaker Nancy Pelosi speaking to reporters in 2019. Prof. George Borjas in a 2016 C-SPAN appearance. Sen. Jeff Sessions in 2008 comments on the Senate floor. Candidate Trump in 2015 campaign speech. Charlton Heston in "Planet of the Apes".