Immigration Act of 1990

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Chart of foreign born in the US labor force 1900 to 2007

Immigration Act of 1990

The Immigration Act of 1990 (Pub.L. 101–649) significantly reshaped U.S. immigration policy. Enacted on November 29, 1990, it was the most comprehensive immigration reform legislation passed since the Immigration and Nationality Act of 1965. The Act increased the limits on legal immigration to the United States, revised the criteria for admissions, and enhanced the focus on family reunification and employment skills.

Background

Prior to the Immigration Act of 1990, U.S. immigration policy was governed largely by the Immigration and Nationality Act of 1965, which had eliminated the national origins quota system and established a new immigration policy based on family reunification and skilled immigrants. However, by the late 1980s, there was a growing consensus that the existing laws were inadequate to address the contemporary challenges of immigration.

Provisions

The Immigration Act of 1990 introduced several key changes to U.S. immigration law:

• Increased Legal Immigration Limits: The Act increased the total level of legal immigration to 700,000 for fiscal years 1992 through 1994, and 675,000 per year thereafter. This was a significant increase from the previous level of 500,000.

• Diversity Visa Program: The Act established the Diversity Visa program, also known as the "green card lottery," which allocated visas to individuals from countries with low rates of immigration to the United States.

• Family-Based Immigration: The Act emphasized family reunification by increasing the number of visas available for immediate relatives of U.S. citizens, including spouses, children, and parents.

• Employment-Based Immigration: It also revised the criteria for employment-based immigration, prioritizing skilled workers, professionals, and other individuals with special abilities.

• Temporary Protected Status (TPS): The Act created the Temporary Protected Status, which allows individuals from countries experiencing environmental disasters, ongoing armed conflict, or extraordinary and temporary conditions to stay in the United States for a limited period.

• Asylum and Refugee Provisions: The Act made adjustments to the asylum and refugee procedures, streamlining the process and providing additional protections for individuals fleeing persecution.

Impact

The Immigration Act of 1990 had a profound impact on the composition and volume of immigration to the United States. The introduction of the Diversity Visa program, in particular, has allowed a more diverse group of immigrants to enter the U.S. The emphasis on family reunification and skilled immigration has also shaped the demographics of new arrivals.

Criticism and Support

The Act received both criticism and support. Proponents argued that it was a necessary update to the U.S. immigration system, reflecting the country's economic needs and humanitarian responsibilities. Critics, however, contended that the increased levels of immigration would strain public resources and affect job opportunities for American workers.

Legacy

The Immigration Act of 1990 remains a landmark piece of legislation in U.S. immigration history. Its provisions continue to influence the composition of immigration flows into the United States, and its emphasis on diversity and skills has contributed to the multicultural fabric of American society.