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Trump v. Barbara · ¶520

In 1986, more than 20 years after passage of its last major immigration bill, Congress agreed to do something about illegal immigration. It passed the Immigration Reform and Control Act of 1986 (IRCA). See 100 Stat. 3359. This Court, in an opinion by Justice Stevens, described IRCA as a “major statutory response to the vast tide of illegal immigration that had produced a ‘shadow population’ of literally millions of undocumented aliens in the United States.” McNary v. Haitian Refugee Center, Inc., 498 U. S. 479, 481 (1991). IRCA made it unlawful “to hire, or to recruit or refer for a fee . . . an alien knowing the alien is an unauthorized alien.” 8 U. S. C. §1324a(a)(1). To implement this program, IRCA required employers to review documents establishing identity (such as a driver’s license), employment authorization (such as a Social Security card), or both (such as a U. S. passport).…
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slip opinion, revised 7/01/26
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