Dynamics of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996: The Splitting-up of American Families (Comment)

The Immigration and Naturalization Act (hereinafter INA) of 1952 provided a basis for family-sponsored immigration because it sought to conserve a unified family. With the 1996 reform, and specifically §§ 212(a)(4), 212(a)(9), and the elimination of § 245(i). the INA will have the ultimate negative effect of separating immigrant families who are already in the United States or are attempting to immigrate to the United States. Even though many more sections exist which will have the effect of dispersing families, these three sections must and will be looked at more closely because prior to passage of the IIRIRA, many families relied on them to remain together (i.e. gain permanent residency status). Part II of this comment will discuss background information necessary to understand the different changes caused by IIRIRA. Part III of this comment will discuss how § 212(a)(9) is affecting immigrant families in the United States. The effect of section 245(i) on families of mixed citizenship is discussed in part IV of this comment. Finally. Part V discusses the separation of families that will occur with section 212(a)(9). This comment will discuss these sections and their ultimate effects on families - especially those families consisting of American citizens, legal permanent residents, and undocumented immigrants. This comment will end by proposing that Congress institute another legalization program similar to the 1986 legislation and allow many undocumented immigrants to gain residency