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The Alien Cloak Of Confidentiality: Look Who's Wearing It Now, Stephen A. Rosenbaum

Publications

After more than a decade of debate, the United States Congress enacted the omnibus Immigration Reform & Control Act of 1986 (IRCA), which ushered in a period of "legalization" or adjustment of status to allow undocumented aliens "to emerge from the shadows."

Part I of this article explores the rationale of the legalization program, the experience of other countries in encouraging applications for their respective "amnesty" or "regularization" programs, and the components of the American approach designed to maximize participation through massive outreach and broad confidentiality.

Part II examines the Immigration and Naturalization Service's (INS) strict construction of the IRCA …