9. P.L. 99-653, the Immigration and Nationality Act Amendments of 1986 (November 14, 1986), consisted of a series of amendments to the INA popularly referred to as the State Department consular efficiency amendments. B. Legislation Affecting the INA and INS Operations 1. P.L. 99-180, the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1986 (December 13, 1985; 99 Stat. 1136), appropriated $593,800,000 for FY 1986 (99 Stat. 1144). Additionally, it appropriated $5 million to reimburse State for incarcerated Cubans (99 Stat. 1146), and $7.1 milhon for a facility to incarcerate illegal alien felons (99 Stat. 1145). 2. P.L. 99-190, the Further Continuing Appropriations Resolution, 1986 (December 19, 1985, 99 Stat. 1185), authorized and appropriated funds for refugee and Cuban/Haitian assistance (99 Stat. 1315). 3. P.L. 99-328 May 28, 1986, 100 Stat. 505) allowed qualified persons representing all of the States to be naturalized on Ellis Island on July 3 or 4, 1986. 4. P.L. 99-353 (July 2, 1986, 100 Stat. 755) designated July 4, 1986 as "National Immigrants Day". 5. P.L. 99-500, the Continuing Appropriations Resolution, 1987 (October 18, 1986) appropriated $593,000,000 for INS, appropriated $5 million to reimburse States for incarcerated Cubans, and authorized and appropriated funds for refugee and Cuban/ Haitian assistance. 6. P.L. 99-570, the Anti-Drug Abuse Act of 1986 (October 27, 1986), required INS to establish a four-city pilot program to improve INS and police computer capabilities to respond to drug-related inquiries (section 1751), required a comprehensive information system to facilitate visa denial to drug traffickers (section 2011), and required Defense Department cooperation with INS (sections 1601 and 3057). 7. P.L. 99-603, the Immigration Reform and Control Act of 1986 November 6, 1986) includes a number of provisions which either amend laws other than the INA (e.g., requirements for verification of immigration status for aliens applying for certain benefits), or are freestanding (e.g., section 204, State legalization impact-assistance grants). 8. H. Res. 314 November 12, 1985), expressed the sense of the House that the President should investigate the Miroslav Medvid case to prevent a similar mishandling of a political asylum case. 9. H. Res. 409 May 20, 1986) expressed the sense of the House that the Attorney General should investigate Kurt Waldheim's World War II activities to determine whether he should be denied admission to the United States. 10. S. Con. Res. 143 expresssed the sense of the Congress on the resumption of the U.N. High Commissioner for Refugees Orderly Departure Program for Vietnam. 11. S. Res. 185 (July 10, 1985) expressed the sense of the Senate that the Cuban Government was thwarting Cubans human rights by suspending the U.S.-Cuban immigration agreement in retaliation for U.S. broadcasting to Cuba. 12. S. Res. 353 (March 13, 1986) expressed the sense of the Senate that the Commission on Security and Cooperation in Europe should investigate the Medvid defection attempt. C. Legislation Regulating Alien Participation in Federal Assistance Programs and Other Federal Activities 1. P.L. 99-173, the Military Construction Appropriations Act, 1986 (December 10, 1985; 99 Stat. 1024), continued the ban against the use of funds for illegal aliens (99 Stat. 1028). 2. P.L. 99–180, the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1986 (December 13, 1985; 99 Stat. 1136), continued the prohibition against the use of Legal Services Corporation funds for most aliens not admitted for permanent residence (99 Stat. 1163). 3. P.L. 99-190, the Continuing Appropriations Resolution, 1986 (December 19, 1985; 99 Stat. 1185) continued the Government-wide ban against employment of noncitizens with specified exceptions (99 Stat. 1291). 4. P.L. 99-272, the Consolidated Omnibus Budget Reconciliation Act of 1985 (April 7, 1986; 100 Stat. 82), amended section 3306(c)(1) of the Internal Revenue Code to extend until January 1, 1988 the period during which employers are not required to pay Federal unemployment tax on wages of temporary alien farmworkers admitted under sections 101(a)(15) and 214(c) of the INA (100 Stat. 327). 5. P.L. 99-498, the Higher Education Amendments of 1986 (October 17, 1986), limited eligibility for Federal student aid programs to aliens who are or are intending to become permanent resident aliens, and required a study of the denial of student aid to certain noncitizens. 6. P.L. 99-500, the Continuing Appropriations Resolution, 1987 (October 18, 1986), continued the prohibition against the use of Legal Services Corporation funds for most aliens not admitted for permanent residence, continued the ban against the use of military construction funds for illegal aliens, continued the Government-wide ban against employment of non-citizens with specified exceptions, and prohibited implementation of HUD regulations prohibiting unlawful aliens receiving housing assistance. 7. P.L. 99-509, the Omnibus Budget Reconciliation Act of 1986 (October 21, 1986), amended section 1903 of the Social Security Act to restrict Medicaid eligibility to aliens lawfully admitted for permanent residence or permanently residing in the United States under color of law, except in the case of otherwise qualified aliens who have an emergency medical condition (section (9406). 8. P.L. 99-514, the Tax Reform Act of 1986 (October 22, 1986), added a new section 6039E to the Internal Revenue Code requiring aliens applying for permanent resident status to provide certain information, including whether they are required to file a tax return for the 3 most recent taxable years (section 1234). 9. P.L. 99-595 (October 31, 1986) amended section 3306(c)(1) of the Internal Revenue Code to extend until January 1, 1993 the period during which employers are not required to pay Federal unemployment tax on wages of temporary alien agricultural workers admitted under sections 101(a)(15)(H) and 214(c) of the INA. V. 100th CONGRESS, 1987-1988 A. Legislation Amending the INA OR IRCA 1. P.L. 100-71, the Supplemental Appropriations Act, FY87 (July 11, 1987; 101 Stat. 391) amended section 286(h)(1)(A) of the INA to permit INS travel fee funds to remain available until expended (101 Stat. 394). 2. P.L. 100-202, the Further Continuing Appropriations Act, FY88 (December 22, 1987; 101 Stat. 1329), amended section 210(d) of the INA as amended by IRCA, relating to special agricultural worker applications (101 Stat. 1329-18). 3. P.L. 100-203, the Omnibus Budget Reconciliation Act of 1987 (December 22, 1987; 101 Stat. 1330) made a technical correction to section 201(b)(2)(B) of IRCA (101 Stat. 1330-321). 4. P.L. 100-204, the Foreign Relations Authorization Act, FY88-89 (December 22, 1987; 101 Stat. 1331), amended section 212(a)(23) of the INA relating to the exclusion of drug law violators (101 Stat. 1399). 5. P.L. 100-205, the United States-Canada Free-Trade Agreement Implementation Act of 1988 (September 28, 1988; 102 Stat. 1851), amended section 214 of the INA concerning entry as nonimmigrants of Canadian citizen professionals (102 Stat. 1877). 6. P.L. 100-459, the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, FY89 (October 1, 1988; 102 Stat. 2186), amended sections 286 and 344 of the INA to create revolving "Immigration Examinations Fee Account" (102 Stat. 2203); and amended section 101(b)(2) of the INA, relating to the adoption of illegitimate children of American fathers, to expire October 1, 1989 (102 Stat. 2203). 7. P.L. 100-525, the Immigration Technical Corrections Act of 1988 (October 24, 1988), consisted of miscellaneous amendments to the INA and IRCA, and other immigration-related provisions. 8. P.L. 100-658, the Immigration Amendments of 1988 (November 15, 1988), amended section 314 of IRCA (NP-5 program), which made more visas available to countries disadvantaged by the repeal of the national origins quota system, by extending it to FY89 and FY90 and increasing the annual number of visas available from 5,000 to 15,000. 9. P.L. 100-690, the Anti-Drug Abuse Act of 1988 (November 18, 1988), amended the INA in Title VII, Subtitle J-Provisions Relating to the Deportation of Aliens Who Commit Aggravated Felonies (sections 7341-7350). B. Legislation Affecting the INA, INS Operations, or Refugees 1. P.L. 100-71, the Supplemental Appropriations Act, FY87, included a FY87 appropriation for INS of $137,216,000 (101 Stat. 393 and 472); struck INS preinspection limitation of section 208(a) of P.L. 99-500 and P.L. 99-591 (101 Stat. 472); and required the President to add AIDS virus infection (HIV) to dangerous contagious diseases for the purposes of section 212(a)(6) of the INA (101 Stat. 475). 2. P.L. 100-202, the Further Continuing Appropriations Act, FY88, included FY88 appropriations of $741,114,000 for INS within the Justice Department (101 Stat. 1329-12); $346,933,000 for the Office of Refugee Resettlement within HHS (101 Stat. 1329-271); and $870,000 for the Commission for the Study of International Migration and Cooperative Economic Development created by IRCA (101 Stat. 1329 31). Included provisions relating to Amerasian immigration (101 Stat. 1329-183), and prohibiting the implementation of proposed INS H-1 regulations (101 Stat. 1329-17); as well as provisions similar to those in P.L. 100-204 relating to Cuban political prisoners (101 Stat. 1329-39); Indochinese refugee resettlement (101 Stat. 1329-40), and legalization of status of certain aliens previously granted extended voluntary departure (EVD) (101 Stat. 1329-43). 3. P.L. 100-204, the Foreign Relations Authorization Act, FY88-FY89, included the Moynihan-Frank amendment, a temporary prohibition against the exclusion or deportation of aliens on certain political and ideological grounds (101 Stat. 1399); as well as provisions relating to the legalization of status of certain aliens previously granted EVD (101 Stat. 1400), Cuban political prisoners (101 Stat. 1401), and Indochinese resettlement (101 Stat. 1402). Also authorizedds for migration and refugee assistance for FY88-89 (101 Stat. 1337); required study and report concerning the status of individuals with diplomatic immunity in the United States (101 Stat. 1345); and required report on visa information system on drug traffickers (101 Stat. 1397). 4. P.L. 100-239, the Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987 (January 11, 1988; 101 Stat. 1778), added a new section 8704 to title 46, U.S. Code deeming certain individuals employed on fishing vessels as employed in the United States for the purposes of the employer sanctions provisions of section 274A of the INA (101 Stat. 1781). 5. P.L. 100-242, the Housing and Community Development Act of 1987 (February 5, 1988; 101 Stat. 1815), amended section 214 of the Housing and Community Development Act of 1980 to revise SAVE verification and enforcement procedures added by section 121(a)(2) of IRCA, and the provision for reimbursement added by section 121(b)(6) of IRCA (101 Stat. 1861). 6. P.L. 100-393, the Dire Emergency Supplemental Appropriations Act, FY88 (August 14, 1988; 102 Stat. 969), included an appropriation of $24 million for the U.S. Emergency Migration and Refugee Assistance Fund authorized by section 2(c) of the Migration and Refugee Assistance Act of 1962, of which not less than $6 million was to be made available for Soviet and other Eastern European refugees (102 Stat. 973). 7. P.L. 100-435, the Hunger Prevention Act of 1988 (September 19, 1988), made a technical redesignation of the provision of the Food Stamp Act authorizing appropriations for administration of SAVE program, as added by section 121(b)(5) of IRCA (101 Stat. 1662). 8. P.L. 100-436, the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, FY89 (September 20, 1988; 102 Stat. 1680), included an appropriation of $382,356,000 for HHS's Office of Refugee Resettlement (ORR) (102 Stat. 1696, 1716). 9. P.L. 100-449, the United States-Canada Free Trade Agreement Implementation Act of 1988, provided for reciprocal treatment of Canadian citizens as nonimmigrant treaty traders under section 101(a)(15)(E) of the INA (102 Stat. 1876). 10. P.L. 100-459, the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, FY89, included an appropriation for INS of $800 million plus any unused user fees from the immigration legalization program (102 Stat. 2196); and appropriations of $500,000 for the Commission on Agricultural Workers (102 Stat. 2214), and $1,290,000 for the Commission for the Study of International Migration and Cooperative Economic Development (102 Stat. 2216), both created by IRCA. Continued the ban against adoption of H-1 regulations previously proposed by INS (102 Stat. 2203). 11. P.L. 100–461, the Foreign Operations, Export Financing, and Related Programs Appropriations Act FY89, in section 555 amended section 901 of P.L. 100204 (the Moynihan-Frank amendment) to extend the temporary prohibition against the exclusion or deportation of aliens on certain political or ideological grounds to 1991, but only for nonimmigrants. Also prohibited the USIA from using any funds in FY88-89 to end its J-1 au pair program, and required a GAO study of the cultural exchange program under section 101(a)(15)(J) of the INA. 12. P.L. 100-504, the Inspector General Act Amendments of 1988 (title I) (October 18, 1988; 102 Stat. 2515), established new Office of Inspector General in certain Departments, including Justice (102 Stat. 2515), and transferred the functions of three offices of INS to Justice's Inspector General's office (102 Stat. 2516). 13. P.L. 100-658, the Immigration Amendments of 1988 (November 15, 1988), made 10,000 immigrant visas available each year for FY90-91 to underrepresented countries in the immigrant visa allocation in FY88; and extended H-1 nonimmigrant status for certain registered nurses through December 1, 1989. 14. P.L. 100-690, the Anti-Drug Abuse Act of 1988 (November 18. 1988), required denial of passports to certain convicted drug traffickers (sec. 4603); required devel opment of a machine-readable document border security program (sec. 4604); au- 15. H. Con Res. 303, commending humanitarian treatment of Southeast Asian ref- C. Legislation Regulating Alien Participation in Federal Assistance Programs and 1. P.L. 100-202, the Further Continuing Appropriations Act, continued the prohi- 3. P.L. 100-239, the Commercial Fishing Industry Vessel Anti-Reflagging Act of 4. P.L. 100-242, the Housing and Community Development Act of 1987, in section 5. P.L. 100-297, the Augustus F. Hawkins-Robert T. Stafford Elementary and 6. P.L. 100-442, the Treasury, Postal Service and General Government Appropria- 8. P.L. 100-459, the Departments of Commerce, Justice, and State, the Judiciary, 9. P.L. 100-647, the Technical and Miscellaneous Revenue Act of 1988 (November VI. 101st CONGRESS, 1989-1990 A. Legislation Amending the INA or IRCA 1. P.L. 101–162, the Departments of Commerce, Justice, and State, the Judiciary, 2. P.L. 101–166, the Departments of Labor, Health and Human Services, and 3. P.L. 101-238, the Immigration Nursing Relief Act of 1989 (December 18, 1989; 4. P.L. 101–246, the Foreign Relations Authorization Act, Fiscal Years 1990 and ity who have asserted immunity from prosecution, and to allow for a waiver (104 Stat. 31). 5. P.L. 101-249, the Posthumous Citizenship for Active Duty Service Act of 1989 (March 6, 1990; 104 Stat. 94), amended the INA by adding a new section 329A providing for posthumous citizenship for active duty service in the U.S. Armed Forces. 6. P.L. 101-515, the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1991 (November 5, 1990; 104 Stat. 2101), amended section 286 of the INA relating to inspection fees and processing time for alien airline passengers, and to land border inspection fees on a 3-year pilot project basis (104 Stat. 2120). 7. P.L. 101-517, the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1991 (November 5, 1990; 104 Stat. 2190), amended section 204(a)(1) of IRCA to reduce the FY91 SLÍAG appropriation of $1 billion by $566.9 million and to provide for the appropriation in FY92 of SLIAG funds cut in FY90 and FY91 (104 Stat. 2206). 9. P.L. 101-649, the Immigration Act of 1990 (November 29, 1990; 104 Stat. 4978), extensively amended the INA to revise the regulation of legal immigration, the work-related nonimmigrant categories, the grounds for exclusion and deportation, naturalization procedures, and other provisions. B. Legislation Affecting the INA, IRCA, INS Operations, or Refugees 1. P.L. 101-45, the Dire Emergency Supplemental Appropriations Act, 1989 (June 30, 1989; 103 Stat. 97), included $85 million for the State Department's Migration and Refugee Assistance Account for Soviet and other Eastern European admissions resulting from an increase in the FY89 refugee ceiling (103 Stat. 101). 2. P.L. 101-162, the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 (November 21, 1989; 103 Stat. 988), appropriated $828.3 million for INS within the Justice Department (103 Stat. 999); $35 million for the immigration emergency fund authorized by section 404(b) of the INA (103 Stat. 1000); up to $21.5 million for the Community Relations Service within the Justice Department for the care of Cuban and Haitian entrants (103 Stat. 997); and $5 million to reimburse States for incarcerating Mariel Cubans (103 Stat. 1002). 3. P.L. 101-166, the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1990 (November 21, 1989; 103 Stat. 1159), appropriated $368.8 million for HHS Refugee and Entrant Assistance, of which $210 million was earmarked for State cash and medical assistance (103 Stat. 1174). 4. P.L. 101-167, the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (November 21, 1989; 103 Stat 1195), appropriated $370 million for the State Department's Migration and Refugee Assistance account, including the refugee admissions program, and earmarked $15 million for HHS (103 Stat. 1210); required the Attorney General to establish certain categories of Soviet and Indochinese nationals for which evidence needed to prove refugee status is lessened through September 30, 1990 (section 599D; 103 Stat. 1261); and provided for adjustment to permanent resident status for certain Soviet and Indochinese nationals granted parole prior to September 30, 1990 (section 599E; 103 Stat. 1263). 5. P.L. 101-189, the National Defense Authorization Act for Fiscal Years 1990 and 1991 (November 29, 1989; 103 Stat. 1352), extended through December 31, 1991 the H-1 nonimmigrant status of certain aliens employed in cooperative research and development projects and coproduction projects (103 Stat. 1538). (A related permanent provision was included in P.L. 101-649, the Immigration Act of 1990 (104 Stat. 5028).] 6. P.L. 101-193, the Intelligence Authorization Act, Fiscal Year 1990 (November 30, 1989; 103 Stat. 1701), set forth naturalization requirements for staff of the U.S. Army Russian Institute in Garmisch, Germany, under section 319(c) of the INA (103 Stat. 1709). 7. P.L. 101-238, the Immigration Nursing Relief Act of 1989 (December 18, 1989; 103 Stat 2099), provided for adjustment to permanent resident status for certain H1 nonimmigrant nurses. 8. P.L. 101-246, the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (February 16, 1990; 104 Stat. 15), required a State Department report on the feasibility of a compensation program for crimes committed by aliens with diplomatic immunity (104 Stat. 31); and made permanent the so-called Moynihan-Frank amendment (P.L. 100-204, section 901, as amended) barring the exclusion or deportation of nonimmigrants for beliefs, statements, or associations which would be constitutional for U.S. citizens (104 Stat. 30). [The Moynihan-Frank amendment was repealed by P.L. 101-649, the Immigration Act of 1990 (104 Stat. 5084).] |