Act Has Slowed Illegal Immigration, Study Finds

The landmark 1986 immigration act has effectively slowed the flow of illegal immigrants across the U.S.-Mexican border, according to a study released Wednesday of the act’s effects.

Sponsored by the respected Urban Institute, the study estimates that, because of the act, 35% fewer illegal aliens have been apprehended at the border, compared to the number of apprehensions estimated for the same 23-month time period without the act.

Using a sophisticated statistical analysis that accounts for seasonal changes in migratory patterns, changes in the Mexican economy and growth of the Mexican population, the report by the nonprofit research institute buttresses claims that the act is working.

The act “has achieved some measure of success in reducing border crossings but perhaps not to the extent that some observers have claimed,” said Frank D. Bean, an Urban Institute researcher and co-author of the long-awaited report. The Immigration and Naturalization Service has estimated the decline in apprehensions at 50%.

The study, which covers the period from November, 1986, to September, 1988, estimates that without the act, 2 million illegal aliens would have been apprehended at the border. But during that period, 1.3 million were apprehended. A complex formula applied to border apprehension statistics is commonly used by officials to estimate the total flow of illegal immigrants across the border.

In the 23-month period after passage of the act, nearly 700,000 border crossings have been deterred by the act’s combination of employer sanctions, a changing border enforcement effort by the INS and amnesty allowances for agricultural workers, the report estimates.

The report attributes 71% of the decline to a provision of the act fining employers of illegal immigrants. The employer sanctions, which are considered the cornerstone of the act, deter illegal aliens from crossing the border because jobs are more difficult to find, the report said.

The study found that 12% of the decline resulted from changes in the INS border patrol effort and 17% was attributable to the enrollment of illegal immigrants in the seasonal agricultural worker program, which grants temporary resident status to foreign workers.

“This study is good independent verification that employer sanctions have had a beneficial effect on reducing illegal immigration,” said Rep. Howard L. Berman (D-Panorama City). “It ensures the likelihood that Congress will maintain employer sanctions as its tool,” he added.

“We have seen a dramatic decline in apprehensions since (the act) passed,” said INS spokesman Verne Jervis, citing figures from the federal agency showing a 50% drop in border apprehensions since the act passed in 1986. But, in tabulating its statistics, the INS has not “broken down the estimate the way the Urban Institute has,” he said.

The study reveals a “significant, substantial and meaningful reduction” in border crossings, said Richard Day, an aide to Sen. Alan K. Simpson (R-Wyo.), ranking minority member of the Senate Judiciary subcommittee on immigration and refugee affairs. “The legislation is having its desired impact,” he said.

Contradicts Contentions

However, a number of researchers and Latino organizations have contended that the act has failed to stem the tide of illegal immigrants who are entering the United States from Mexico. The report limits its analysis to Mexican immigrants.

“I think that (the act) has been marginally effective in reducing the flow of undocumented aliens into the U.S.,” said Mario Moreno, executive director of the Washington-based Mexican American Legal Defense and Educational Fund.

Moreno said that employer sanctions have not been as effective as some have claimed because “people are going to come into the country regardless of their prospects for employment.”

In addition, the act’s employer sanctions resulted in increased discrimination by employers against Latinos who are U.S. citizens, according to Moreno and Michael Zamba, spokesman for the National Assn. of Latino Elected and Appointed Officials.

Both Moreno and Zamba said that they will have to review the report’s methodology before commenting on its findings.

This is the first report to confirm that employer sanctions reduce the illegal immigration flow, according to Jervis. Since the act took effect, the INS has issued warnings to 4,206 companies for hiring illegal aliens and has assessed $9.4 million in fines. Not all the fines are collected, because the INS often agrees to dismiss the penalty if the company agrees to change its hiring practices.

Unless the INS continues strict enforcement of the employer sanctions, they could cease to deter illegal immigration, the report said.