IIRAIRAIllegal Immigration Reform and Immigrant Responsibility Act
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48) IIRAIRA did not make the use of E-Verify mandatory for employers.
The Court went on to consider whether the mandatory use requirement of E-Verify was impliedly preempted by IIRAIRA and federal law.
Plasencia prompted a dialogue between Congress and the Supreme Court, which ultimately resulted in the 1996 IIRAIRA conflation of deportation and exclusion procedural protections, thus vindicating Plasencia's insistence on greater protections for exclusion.
In response, immigration laws such as IRCA and IIRAIRA are passed and border "security," policing, and detention are increased.
In 1997, just a year after the passage of IIRAIRA, then-President Clinton signed another bill that slammed poor people and people of color.
88) As discussed above, IIRAIRA eliminated the distinction between exclusion and deportation proceedings, combining them into removal proceedings.
The unintended consequences of PRWORA and IIRAIRA on battered immigrants prompted Congress to amend the original VAWA 1994 six years later.
Although IIRAIRA restored public benefits to some battered immigrants, undocumented women who are battered by men who are not their husbands or who are not legal permanent residents are still barred from receiving most federal, state, and local benefits; they are eligible only for those benefits that are considered emergency relief.
IIRAIRA also requires imprisoning thousands at great expense to taxpayers.
While I am loath to rest all my hopes on Congress's ability to do the right thing, congressional indifference to the human impact of IIRAIRA may finally provoke the courts to reexamine the use of formulistic labels to deny noncitizens minimum legal protections.
IIRAIRA also amended the Immigration and Nationality Act (INA) to provide for an affirmative defense against a charge of knowingly employing an unauthorized worker if the employer makes a good faith attempt to comply with the employment verification requirements.