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Illegal Immigration Reform and Immigrant Responsibility Act : ウィキペディア英語版
Illegal Immigration Reform and Immigrant Responsibility Act of 1996

| leghisturl = http://thomas.loc.gov/cgi-bin/bdquery/z?d104:HR03610:@@@R
| introducedin = House
| introducedbill =
| introducedby = C. W. Bill Young (R-FL)
| introduceddate = June 11, 1996
| committees = House Appropriations, Senate Appropriations, House Judiciary
| passedbody1 = House
| passeddate1 = June 13, 1996
| passedvote1 = 278–126,
| passedbody2 = Senate
| passedas2 =
| passeddate2 = July 18, 1996
| passedvote2 = 72–27, , in lieu of
| conferencedate = September 28, 1996
| passedbody3 = House
| passeddate3 = September 28, 1996
| passedvote3 = 370–37,
| agreedbody3 =
| agreeddate3 =
| agreedvote3 =
| agreedbody4 =
| agreeddate4 =
| agreedvote4 =
| passedbody4 = Senate
| passeddate4 = September 30, 1996
| passedvote4 = Agreed voice vote
| signedpresident = William J. Clinton
| signeddate = September 30, 1996
| unsignedpresident =
| unsigneddate =
| vetoedpresident =
| vetoeddate =
| overriddenbody1 =
| overriddendate1 =
| overriddenvote1 =
| overriddenbody2 =
| overriddendate2 =
| overriddenvote2 =
| amendments =
| SCOTUS cases =
}}
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Division C of (often referred to as "i-RAI-ruh," and sometimes abbreviated as "IIRAIRA" or "IIRIRA") vastly changed the immigration laws of the United States.
This act states that immigrants unlawfully present in the United States for 180 days but less than 365 days must remain outside the United States for three years unless they obtain a pardon. If they are in the United States for 365 days or more, they must stay outside the United States for ten years unless they obtain a waiver. If they return to the United States without the pardon, they may not apply for a waiver for a period of ten years.
== Constitutional issues within the law ==
Previously, immediate deportation was triggered only for offenses that could lead to five years or more in jail. Under the Act, minor offenses such as shoplifting may make individuals eligible for deportation. When IIRIRA was passed in 1996, it was applied retroactively to all those convicted of deportable offenses.
However, in 2001, the U.S. Supreme Court decided that Congress did not intend IIRIRA to be applied retroactively to those who pleaded guilty to a crime prior to the enactment of IIRIRA if they would not have been deportable at the time that they pleaded guilty in (''INS v. St. Cyr'').
IIRIRA's mandatory detention provisions have also been repeatedly challenged, with less success.
The Reed Amendment, a portion of IIRIRA which makes people who renounced U.S. citizenship excludable from the U.S. if the Attorney General finds that they renounced for purposes of tax avoidance, has also been suggested to be unconstitutional.
The IIRIRA authorized the Immigration and Naturalization Service to use "secret evidence" against aliens in various immigration proceedings if the evidence is deemed classified and the INS considers it relevant to the case.
Critics have challenged the constitutionality of this provision and in 1999 and 2000 a "Secret Evidence Repeal Act" was introduced in Congress, but never passed.〔(【引用サイトリンク】url= http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1476&context=hrbrief )

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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