llegal Immigration Reform and Immigrant Responsibility Act of 1996
Among the obvious changes made by IIRIRA, the U.S. Congress expanded the definition of the term aggravated felony by entailing a great many more crimes,
but at the same time it explicitly stated that the term "aggravated
felony" must be applied only to convictions "for which the term of imprisonment was completed within the previous 15 years." This appears to be perfectly consistent with "the Fifth, Eighth and 14th Amendments to the Constitution," including with the United Nations Convention against Torture (CAT).
IIRIRA combined the former "deportation proceedings" and "exclusion proceedings" into a single removal proceedings, which begin in immigration courts and may reach all the way up to the U.S. Supreme Court. In the meantime, Congress reaffirmed its historical statutory and mandatory relief to everyone who was admitted to the United States as a refugee under 8 U.S.C. § 1157(c). Every illegal alien convicted of any aggravated felony is to be placed in expedited removal proceedings. In exceptional circumstances, the removal proceedings can be reopened at any time and even from outside the United States. This was never clarified prior to IIRIRA.
Among other changes, IIRIRA gave the U.S. Attorney General
broad authority to construct barriers along the border between the
United States and Mexico, and it authorized the construction of a
secondary layer of border fencing to support the already completed
14-mile primary fence. Construction of the secondary fence stalled
because of environmental concerns raised by the California Coastal Commission.
According to the INA, the terms "inadmissible aliens" and "deportable aliens" are synonymous. A lawful permanent resident (LPR) can either be an "alien" or a "national of the United States,"
which requires a case-by-case analysis and depends mainly on the number
of continuous years he or she has spent in the United States as a legal
immigrant (green card holder). IIRIRA sufficiently protected every American against deportation from United States.
Upon passage of this law, states were restricted from offering in-state
tuition at public institutions to students who were not legally in the
country.
Specifically, if a state allows illegal immigrant students to be
eligible for in-state tuition, then residents from other states must
also be eligible for in-state tuition. Several states have passed
tuition-equality laws by allowing anyone regardless of legal status to
apply for in-state tuition if they meet the state's eligibility
requirements.
A 2018 paper found that the Act reduced the health and mental health
outcomes of Latin-American undocumented immigrants in the United States
by escalating their fear that they would be deported.
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