THE 1986 IMMIGRATION REFORM AND CONTROL ACT AS ANTECEDENT TO CONTEMPORARY LATINA/O/X MIGRATION
he history of the sociopolitical conflict surrounding the U.S.–Mexico border and the concomitant status of Latinas/os/xs in the United States predates formalized immigration law. The federalization of immigration law began at the end of the nineteenth century, setting the cornerstone for current law...
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Veröffentlicht in: | Chicano-Latino law review 2020-01, Vol.37 (1), p.65-82 |
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Format: | Artikel |
Sprache: | eng |
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Zusammenfassung: | he history of the sociopolitical conflict surrounding the U.S.–Mexico border and the concomitant status of Latinas/os/xs in the United States predates formalized immigration law. The federalization of immigration law began at the end of the nineteenth century, setting the cornerstone for current law and changing the legal status of the people living in the region. As a result, native Latina/o/x people were forcibly deterred and had to seek admission into the United States through an increasingly complex system of immigration law. But the imposition of formal restrictions could not stop the migration of people from Mex-ico and Central American countries, including Guatemala, Honduras, and El Salvador—the four countries from which the highest number of immigrants in the United States originate. These four countries serve as the focus of this discussion on the effects and role of the Immigration Reform and Control Act of 1986 (IRCA) on Latina/o/x migration trends since its passage.In this Article, I discuss the effects of IRCA on Latina/o/x migration through a historical and critical legal studies lens. First, I discuss the history of immigration law and policy and the important and undeniable intersections between immigration law and formal and informal racial and ethnic discrimination. I provide a brief review of the history prior to the enactment of IRCA to understand the political context of its passage and of its effects. The Article then explores the passage of IRCA and its immediate effects on the legalization of millions of previously undocumented immigrants, while also noting the gendered implications of the legalization program. In fact, IRCA helped set the stage for continued gendered discrimination against women migrants by favoring the tradi-tional male workforce in agricultural industries. Moreover, despite its antithetical purpose, the legalization program resulted in increased rates of undocumented migration from Central America. |
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ISSN: | 1061-8899 2169-7736 |
DOI: | 10.5070/C7371048096 |