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Congressional Intent For The 1990 Immigration Act

Discussion in 'Immigration legislation' started by Ron Gotcher, Apr 30, 2015.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The joint conference committee report for the Immigration Act of 1990 simply states:

    TITLE I, IMMIGRANTS.

    Establishes separate ceilings on annual admissions of family-sponsored and employment-based immigrants, and establishes per country levels as a percentage of overall family-sponsored and employment-based admissions.

    Designates Hong Kong as a separate foreign state instead of a colony for purposes of numerical limitations on immigration.

    Revises the preference system for admission of family-sponsored and employment-based immigrants.

    Establishes procedures to deter fraud by aliens seeking permanent resident status in the U.S. as entrepreneurs.

    Revises DOL procedures for certifying the nonavailability of qualified U.S. citizens to fill certain jobs in order to permit issuance of visas to foreign workers.

    Establishes an admissions category for immigrants selected from countries which previously have had low levels of emigration to the U.S. (diversity immigrants).

    Establishes visa quotas for admission of certain displaced Tibetans during FY91-FY93.

    Creates an independent Commission on Legal Immigration Reform to review the impact of immigration system revisions.

    Directs the Immigration and Naturalization Service (INS) to establish a system to collect and disseminate information relating to the social, economic, environmental, and demographic impact of immigration laws.

    Grants special immigrant status to alien children deemed by a juvenile court to be eligible for foster care.

    Permits Hong Kong residents holding U.S. immigrant visas to apply for visas extension until Sept. 2001, and requires the Department of State to expedite issuance of visas to certain Lebanese immigrants.

    Makes conforming amendments to the Social Security Act and the Virgin Islands Nonimmigrant Alien Adjustment Act of 1982, and makes technical corrections to the Immigration Nursing Relief Act of 1989.​

    As you can see, it is silent as to the issue of counting dependents. It also lists a number of references, but these documents were not voted upon by both houses. In fact, they often conflict with one another. I am listing them here in case someone wants to explore this issue further. Personally, I think it is dead.

    References

    DEBATE:

    128 Congressional Record, 97th Congress, 2nd Session - 1982
    Aug. 11, Senate consideration of S. 2222.
    Aug. 12, Senate consideration of S. 2222.
    Aug. 13, Senate consideration of S. 2222.
    Aug. 17, Senate consideration and passage of S. 2222.

    129 Congressional Record, 98th Congress, 1st Session - 1983
    Apr. 28, Senate consideration of S. 529.
    May 12, Senate consideration of S. 529.
    May 16, Senate consideration of S. 529.
    May 17, Senate consideration of S. 529.
    May 18, Senate consideration and passage of S. 529.

    132 Congressional Record, 99th Congress, 2nd Session - 1986
    Sept. 29, House consideration of H.R. 5559.
    Sept. 29, House consideration and passage of H.R. 5558.
    Sept. 29, House consideration and passage of H.R. 4823.

    133 Congressional Record, 100th Congress, 1st Session - 1987
    July 13, House consideration and passage of H.R. 735.

    134 Congressional Record, 100th Congress, 2nd Session - 1988
    Mar. 14, Senate consideration of S. 2104.
    Mar. 15, Senate consideration and passage of S. 2104.
    Mar. 22, House consideration and passage of H.R. 285.
    Oct. 5, House consideration and passage of H.R. 4379.

    135 Congressional Record, 101st Congress, 1st Session - 1989
    July 11, Senate consideration of S. 358.
    July 12, Senate consideration of S. 358.
    July 13, Senate consideration and passage of S. 358.
    July 31, House consideration and passage of H.R. 1630.
    Oct. 17, House consideration and passage of H.R. 2138.
    Nov. 13, House consideration and passage of H.R. 525.

    136 Congressional Record, 101st Congress, 2nd Session - 1990
    Oct. 2, House consideration of H.R. 4300.
    Oct. 3, House consideration of H.R. 4300 , consideration and passage of S. 358 with amendments, and tabling of H.R. 4300.
    Oct. 3, House consideration of H.R. 5269.
    Oct. 4, House consideration of H.R. 5269.
    Oct. 5, House consideration and passage of H.R. 5269.
    Oct. 26, Senate agreement to the conference report on S. 358.
    Oct. 27, House agreement to the conference report on S. 358.

    REPORTS:

    97th Congress

    S. Rpt. 97-485 on S. 2222, "Immigration Reform and Control," June 30, 1982.
    CIS NO: 82-S523-15
    LENGTH: iii+128 p.
    SUDOC: Y1.1/5:97-485

    98th Congress

    S. Rpt. 98-62 on S. 529, "Immigration Reform and Control," Apr. 21, 1983.
    CIS NO: 83-S523-3
    LENGTH: iii+140 p.+errata.
    SUDOC: Y1.1/5:98-62

    99th Congress

    H. Rpt. 99-904 on H.R. 5559, "Miscellaneous Immigration Amendments," Sept. 26, 1986.
    CIS NO: 86-H523-42
    LENGTH: 9 p.
    SUDOC: Y1.1/8:99-904

    H. Rpt. 99-905 on H.R. 5558, "Naturalization Amendments of 1986," Sept. 26, 1986.
    CIS NO: 86-H523-43
    LENGTH: 42 p.
    SUDOC: Y1.1/8:99-905

    H. Rpt. 99-907 on H.R. 4823, "Immigration and Nationality Amendments of 1986," Sept. 26, 1986.
    CIS NO: 86-H523-45
    LENGTH: 115 p.
    SUDOC: Y1.1/8:99-907

    100th Congress

    H. Rpt. 100-203 on H.R. 735, "Naturalization Amendments of 1987," July 7, 1987.
    CIS NO: 87-H523-7
    LENGTH: 38 p.
    SUDOC: Y1.1/8:100-203

    H. Rpt. 100-282, pt. 1 on H.R. 285, "Denial of Nonimmigrant Crewmember Status in the Case of Certain Labor Disputes," Aug. 6, 1987.
    CIS NO: 87-H343-14
    LENGTH: 12 p.
    SUDOC: Y1.1/8:100-282/pt.1

    S. Rpt. 100-290 on S. 2104, "Immigration Act of 1988," Feb. 26, 1988.
    CIS NO: 88-S523-3
    LENGTH: 53 p.
    SUDOC: Y1.1/5:100-290

    H. Rpt. 100-627 on H.R. 4379, "Temporary Safe Haven Act of 1988," May 17, 1988.
    CIS NO: 88-H523-15
    LENGTH: 16 p.
    SUDOC: Y1.1/8:100-627

    H. Rpt. 100-882 on H.R. 4427, "Immigration Exclusion and Deportation Amendments of 1988," Aug. 12, 1988.
    CIS NO: 88-H523-31
    LENGTH: 120 p.
    SUDOC: Y1.1/8:100-882

    101st Congress

    S. Rpt. 101-55 on S. 358, "Immigration Act of 1989," June 19, 1989.
    CIS NO: 89-S523-5
    LENGTH: 84 p.
    SUDOC: Y1.1/5:101-55

    H. Rpt. 101-187 on H.R. 1630, "Naturalization Amendments of 1989," July 27, 1989.
    CIS NO: 89-H523-9
    LENGTH: 41 p.
    SUDOC: Y1.1/8:101-187

    H. Rpt. 101-245 on H.R. 2929, "Chinese Temporary Protected Status Act of 1989," Sept. 19, 1989.
    CIS NO: 89-H523-13
    LENGTH: 23 p.
    SUDOC: Y1.1/8:101-245

    H. Rpt. 101-280 on H.R. 2138, "Application of Employer Sanctions to Longshore Work," Oct. 13, 1989.
    CIS NO: 89-H523-17
    LENGTH: 14 p.
    SUDOC: Y1.1/8:101-280

    H. Rpt. 101-351 on H.R. 525, "Filipino World War II Veterans Naturalization Act of 1989," Nov. 13, 1989.
    CIS NO: 89-H523-26
    LENGTH: 7 p.
    SUDOC: Y1.1/8:101-351

    H. Rpt. 101-681, pt. 1 on H.R. 5269, "Comprehensive Crime Control Act of 1990," Sept. 5, 1990.
    CIS NO: 90-H523-24
    LENGTH: 341 p.
    SUDOC: Y1.1/8:101-681/pt.1

    H. Rpt. 101-723, pt. 1 on H.R. 4300, "Family Unity and Employment Opportunity Immigration Act of 1990," Sept. 19, 1990.
    CIS NO: 90-H523-27
    LENGTH: 141 p.
    SUDOC: Y1.1/8:101-723/pt.1

    H. Rpt. 101-723, pt. 2 on H.R. 4300, "Family Unity and Employment Opportunity Immigration Act of 1990," Sept. 25, 1990.
    CIS NO: 90-H783-13
    LENGTH: 5 p.
    SUDOC: Y1.1/8:101-723/pt.2

    H. Rpt. 101-955 on S. 358, "Immigration Act of 1990," Oct. 26, 1990.
    CIS NO: 90-H523-39
    LENGTH: 136 p.
    SUDOC: Y1.1/8:101-955

    HEARINGS:

    97th Congress

    "Hispanic Immigration and Select Commission on Immigration's Final Report" hearings before the Subcom on Census and Population, Committee on Post Office and Civil Service. House, Apr. 27, 28, 1981.
    CIS NO: 81-H621-33
    LENGTH: iv+200 p.
    SUDOC: Y4.P84/10:97-16

    "Final Report of the Select Commission on Immigration and Refugee Policy" hearings before the Subcom on Immigration and Refugee Policy, Committee on Judiciary. Senate, May 5-7, 1981.
    CIS NO: 82-S521-5
    LENGTH: viii+704 p. il.
    SUDOC: Y4.J89/2:J-97-38

    "Preference System" hearings before the Subcom on Immigration and Refugee Policy, Committee on Judiciary. Senate, Nov. 23, 1981.
    CIS NO: 82-S521-80
    LENGTH: iv+240 p. il.
    SUDOC: Y4.J89/2:J-97-83

    "Nonimmigrant Business Visas and Adjustment of Status" hearings before the Subcom on Immigration and Refugee Policy, Committee on Judiciary. Senate, Dec. 11, 1981.
    CIS NO: 82-S521-63
    LENGTH: iv+147 p.
    SUDOC: Y4.J89/2:J-97-86

    "Numerical Limits on Immigration to the U.S" hearings before the Subcom on Immigration and Refugee Policy, Committee on Judiciary. Senate, Jan. 25, 1982.
    CIS NO: 82-S521-75
    LENGTH: iv+230 p. il.
    SUDOC: Y4.J89/2:J-97-89

    98th Congress

    "Immigration Reform and Control Act" hearings before the Subcom on Immigration and Refugee Policy, Committee on Judiciary. Senate, Feb. 24, 25, 28, Mar. 7, 1983.
    CIS NO: 83-S521-66
    LENGTH: vi+669 p. il.
    SUDOC: Y4.J89/2:S.hrg.98-198

    "Exclusion and Deportation Amendments of 1983" hearings before the Subcom on Immigration, Refugees, and International Law, Committee on Judiciary. House, June 28, 1984.
    CIS NO: 85-H521-2
    LENGTH: iii+220 p.
    SUDOC: Y4.J89/1:98/72

    99th Congress

    "Consular Operations" hearings before the Subcom on Immigration, Refugees, and International Law, Committee on Judiciary. House, Mar. 13, 1986.
    CIS NO: 86-H521-39
    LENGTH: iii+172 p.
    SUDOC: Y4.J89/1:99/49

    "Economic and Demographic Consequences of Immigration" hearings before the Subcom on Economic Resources, Competitiveness, and Security Economics, Committee on Economic. Joint, May 21, 22, 29, 1986.
    CIS NO: 87-J841-17
    LENGTH: iv+653 p. il.
    SUDOC: Y4.Ec7:Ec7/62

    "Administration of the Immigration and Nationality Laws" hearings before the Subcom on Immigration, Refugees, and International Law, Committee on Judiciary. House, July 22, 1986.
    CIS NO: 87-H521-27
    LENGTH: iii+356 p.
    SUDOC: Y4.J89/1:99/95

    "Legal Immigration" hearings before the Subcom on Immigration, Refugees, and International Law, Committee on Judiciary. House, July 30, 1986.
    CIS NO: 87-H521-29
    LENGTH: iii+91 p.
    SUDOC: Y4.J89/1:99/75

    100th Congress

    "Exclusion and Deportation of Aliens" hearings before the Subcom on Immigration, Refugees, and International Law, Committee on Judiciary. House, June 23, 1987.
    CIS NO: 88-H521-2
    LENGTH: iv+394 p.
    SUDOC: Y4.J89/1:100/7

    "Legal Immigration: Occupational Preferences" hearings before the Subcom on Immigration, Refugees, and International Law, Committee on Judiciary. House, July 21, 1987.
    CIS NO: 88-H521-8
    LENGTH: iii+109 p.
    SUDOC: Y4.J89/1:100/13

    "H.R. 285: To Deny Crewmember Status in the Case of Certain Strikes and Lockouts" hearings before the Subcom on Labor-Management Relations, Committee on Education and Labor. House, July 23, 1987.
    CIS NO: 88-H341-45
    LENGTH: iii+52 p.
    SUDOC: Y4.Ed8/1:100-10

    "Legal Immigration Reforms" hearings before the Subcom on Immigration and Refugee Affairs, Committee on Judiciary. Senate, Oct. 23, Dec. 11, 1987.
    CIS NO: 89-S521-18
    LENGTH: v+560 p.
    SUDOC: Y4.J89/2:S.hrg.100-990

    "Temporary Safe Haven Act of 1987" hearings before the Subcom on Immigration, Refugees, and International Law, Committee on Judiciary. House, Oct. 28, 1987.
    CIS NO: 88-H521-32
    LENGTH: iii+175 p.
    SUDOC: Y4.J89/1:100/33

    "Immigration and Nationality Efficiency Amendments of 1987" hearings before the Subcom on Immigration, Refugees, and International Law, Committee on Judiciary. House, Oct. 29, 1987.
    CIS NO: 88-H521-21
    LENGTH: iii+121 p.
    SUDOC: Y4.J89/1:100/25

    "Legal Immigration Legislation" hearings before the Subcom on Immigration, Refugees, and International Law, Committee on Judiciary. House, June 21, 1988.
    CIS NO: 89-H521-4
    LENGTH: iii+52 p.
    SUDOC: Y4.J89/1:100/54

    "Family Unification, Employer Sanctions and Anti-Discrimination Under IRCA" hearings before the Subcom on Immigration, Refugees, and International Law, Committee on Judiciary. House, Aug. 23, 1988.
    CIS NO: 89-H521-32
    LENGTH: iii+150 p.
    SUDOC: Y4.J89/1:100/83

    "Reform of Legal Immigration" hearings before the Subcom on Immigration, Refugees, and International Law, Committee on Judiciary. House, Sept. 7, 16, 1988.
    CIS NO: 89-H521-55
    LENGTH: iv+622 p.
    SUDOC: Y4.J89/1:100/101

    101st Congress

    "Immigration Reform" hearings before the Subcom on Immigration and Refugee Affairs, Committee on Judiciary. Senate, Mar. 3, 1989.
    CIS NO: 90-S521-28
    LENGTH: v+601 p. il.
    SUDOC: Y4.J89/2:S.hrg.101-607

    "Free Trade in Ideas" hearings before the Subcom on Courts, Intellectual Property, and the Administration of Justice, Committee on Judiciary. House, May 3, 4, 1989.
    CIS NO: 89-H521-106
    LENGTH: iv+312 p.
    SUDOC: Y4.J89/1:101/11

    "Immigration Reform and Control Act of 1986 Oversight" hearings before the Subcom on Immigration, Refugees, and International Law, Committee on Judiciary. House, May 10, 17, 1989.
    CIS NO: 90-H521-12
    LENGTH: v+661 p. il.
    SUDOC: Y4.J89/1:101/36

    "Application of Employer Sanctions to Longshore Work" hearings before the Subcom on Immigration, Refugees, and International Law, Committee on Judiciary. House, June 14, 1989.
    CIS NO: 90-H521-6
    LENGTH: iii+74 p.
    SUDOC: Y4.J89/1:101/30

    "Immigration Status of Chinese Nationals Currently in the U.S" hearings before the Subcom on Immigration, Refugees, and International Law, Committee on Judiciary. House, July 20, 1989.
    CIS NO: 89-H521-114
    LENGTH: iv+253 p.
    SUDOC: Y4.J89/1:101/17

    "Immigration Act of 1989. (Part 1)" hearings before the Subcom on Immigration, Refugees, and International Law, Committee on Judiciary. House, Sept. 27, 1989.
    CIS NO: 89-H521-118
    LENGTH: iv+680 p.
    SUDOC: Y4.J89/1:101/21

    "Hearing on Employment Discrimination Under the Immigration Reform and Control Act" hearings before the Subcom on Employment Opportunities, Committee on Education and Labor. House, Oct. 30, 1989.
    CIS NO: 90-H341-7
    LENGTH: iii+181 p.
    SUDOC: Y4.Ed8/1:101-53

    "Criminal Aliens" hearings before the Subcom on Immigration, Refugees, and International Law, Committee on Judiciary. House, Nov. 1, 1989.
    CIS NO: 90-H521-20
    LENGTH: iv+152 p.
    SUDOC: Y4.J89/1:101/44

    "Immigration Act of 1989. (Part 2)" hearings before the Subcom on Immigration, Refugees, and International Law, Committee on Judiciary. House, Feb. 21, 1990.
    CIS NO: 90-H521-35
    LENGTH: iii+73 p.
    SUDOC: Y4.J89/1:101/21/pt.2

    "Immigration Act of 1989. (Part 3)" hearings before the Subcom on Immigration, Refugees, and International Law, Committee on Judiciary. House, Feb. 21, Mar. 1, 7, 13, 14, 1990.
    CIS NO: 90-H521-36
    LENGTH: viii+967 p.
    SUDOC: Y4.J89/1:101/21/pt.3

    "IRCA Anti-Discrimination Amendments Act of 1990" hearings before the Subcom on Immigration, Refugees, and International Law, Committee on Judiciary. House, June 27, 1990.
    CIS NO: 91-H521-14
    LENGTH: iv+460 p.
    SUDOC: Y4.J89/1:101/103

    COMMITTEE PRINTS:

    97th Congress

    "U.S. Immigration Policy and the National Interest," committee print issued by the Committee on Judiciary. House, Aug. 1981.
    CIS NO: 81-H522-16
    LENGTH: xxxv+456 p. il.
    SUDOC: Y4.J89/1:Im6/11

    100th Congress

    "Legal Immigration to the U.S.: A Demographic Analysis of Fifth Preference Visa Admissions," committee print issued by the Committee on Judiciary. Senate, Apr. 1987.
    CIS NO: 87-S522-2
    LENGTH: vii+89 p. il.
    SUDOC: Y4.J89/2:S.prt.100-34

    "Grounds for Exclusion of Aliens Under the Immigration and Nationality Act," committee print issued by the Committee on Judiciary. House, Sept. 1988.
    CIS NO: 88-H522-5
    LENGTH: x+155 p.
    SUDOC: Y4.J89/1:Al4/10

    MISCELLANEOUS PUBLICATIONS:

    Weekly Compilation of Presidential Documents, Vol. 26 (1990): Nov. 29, Presidential statement. Nov. 29, 1990.
     
  2. s_gan

    s_gan Super Moderator

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    When you say "it is dead", are you referring to the congressional hearings ?
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I was referring to the notion of finding definitive Congressional intent concerning quota issues. The advantage of there being no clear Congressional intent is that it gives the administration greater latitude to interpret statutes.
     

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