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Immigration: New Consequences of Illegal Presence (CRS Report for Congress)

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Release Date Feb. 28, 1997
Report Number 97-295
Report Type Report
Authors Larry M. Eig, American Law Division
Source Agency Congressional Research Service
Summary:

The 104th Congress passed major legislation to combat illegal migration to the U.S. One purpose of this law, enacted as the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) (Division C of P.L. 104-208 ), is to establish new legal disincentives to reside in the U.S. illegally. The Immigration and Naturalization Service has estimated that 5 million aliens were residing here unlawfully as of October 1996. Of this estimated population, about three-fifths entered surreptitiously (called EWIs, for e ntered w ithout i nspection), and about two-fifths overstayed nonimmigrant visas ( e.g. , tourist visas). Employment appears to be the primary magnet, but there also are other motives for illegal residency. For example, spouses and children of legal immigrants, and certain relatives of citizens, may establish illegal residence to bypass long waiting lists for immigrant visas. The following are among the disabilities IIRIRA attaches to illegal presence. Some of these target both EWIs and visa overstayers, some target EWIs only: