The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( IIRAIRA or IIRIRA ), enacted as division C of the Omnibus Consolidated Appropriations Act of 1997, made major changes to the Immigration and Nationality Act (INA). IIRAIRA's changes became effective on April 1, 1997.
123-564: Former United States President Bill Clinton asserted that the legislation strengthened "the rule of law by cracking down on illegal immigration at the border, in the workplace, and in the criminal justice system — without punishing those living in the United States legally". However, IIRAIRA has been criticized as overly punitive "by eliminating due process from the overwhelming majority of removal cases and curtailing equitable relief from removal". A range of critiques have emerged concerning
246-627: A 51 day siege . During the operation on April 19, 1993, the buildings caught fire and 75 of the residents died, including 24 children. The raid had originally been planned by the Bush administration; Clinton had played no role. Cancellation of removal Cancellation of removal is a provision of the Immigration and Nationality Act (INA) of the United States that allows some aliens who are in removal proceedings , who have lived in
369-414: A Bachelor of Science in foreign service degree in 1968. Georgetown was the only university where Clinton applied. In 1964 and 1965, Clinton won elections for class president . From 1964 to 1967, he was an intern and then a clerk in the office of Arkansas Senator J. William Fulbright . While in college, he became a brother of service fraternity Alpha Phi Omega and was elected to Phi Beta Kappa . He
492-499: A centrist Third Way philosophy of governance. His policy of fiscal conservatism helped to reduce deficits on budgetary matters. Clinton presided over the longest period of peacetime economic expansion in American history. The Congressional Budget Office reported budget surpluses of $ 69 billion in 1998, $ 126 billion in 1999, and $ 236 billion in 2000, during the last three years of Clinton's presidency. Over
615-457: A "bond of at least $ 1,500" or on "conditional parole". Noncitizens without legal permanent residence or prior work authorizations would be ineligible for receiving a work authorization during their release from detention. IIRAIRA stipulated mandatory detention for noncitizens who furnished fraudulent documents or have convictions for aggravated felonies, including "crimes involving moral turpitude", as well as noncitizens found to have "membership in
738-518: A 52 percent to 48 percent margin. In 1976, Clinton ran for Arkansas attorney general . Defeating the secretary of state and the deputy attorney general in the Democratic primary, Clinton was elected with no opposition at all in the general election, as no Republican had run for the office. In 1978, Clinton entered the Arkansas gubernatorial primary. At just 31 years old, he was one of
861-493: A border enforcement strategy known as " prevention through deterrence ". Prevention through deterrence was first initiated in the early 1990s, and it aimed to reduce the number of migrants entering without authorization at high-traffic urban areas. According to reports by the Government Accountability Office , prevention through deterrence increased the number of migrants that died while crossing into
984-475: A firm second-place finish. Winning the big prizes of Florida and Texas and many of the Southern primaries on Super Tuesday gave Clinton a sizable delegate lead. However, former California governor Jerry Brown was scoring victories and Clinton had yet to win a significant contest outside his native South. With no major Southern state remaining, Clinton targeted New York, which had many delegates. He scored
1107-561: A jazz trio, The 3 Kings , with Randy Goodrum , who became a successful professional pianist. In 1961, Clinton became a member of the Hot Springs Chapter of the Order of DeMolay , a youth group affiliated with Freemasonry , but he never became a Freemason. He briefly considered dedicating his life to music, but as he noted in his autobiography My Life : Clinton began an interest in law at Hot Springs High, when he took up
1230-471: A judicial order of removal pursuant to the terms of such stipulation". Orders of stipulated removal "constitute a conclusive determination of the [noncitizen's] removability from the U.S." The plea agreements for stipulated removal orders make a "judicial order of removal form the United States […] a condition of the plea agreement" for the criminal conviction or a "condition of probation or supervised release, or both". With stipulated removal, noncitizens "waive
1353-575: A law professor at the University of Arkansas . In 1974, he ran for the House of Representatives . Running in the conservative 3rd district against incumbent Republican John Paul Hammerschmidt , Clinton's campaign was bolstered by the anti-Republican and anti-incumbent mood resulting from the Watergate scandal . Hammerschmidt, who had received 77 percent of the vote in 1972, defeated Clinton by only
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#17327730964751476-694: A leading figure among the New Democrats , a group of Democrats who advocated welfare reform, smaller government, and other policies not supported by liberals. Formally organized as the Democratic Leadership Council (DLC), the New Democrats argued that in light of President Ronald Reagan 's landslide victory in 1984 , the Democratic Party needed to adopt a more centrist political stance in order to succeed at
1599-666: A moderate and as a member of the New Democrat wing of the Democratic Party, and he headed the moderate Democratic Leadership Council in 1990 and 1991. In the first primary contest, the Iowa Caucus , Clinton finished a distant third to Iowa senator Tom Harkin . During the campaign for the New Hampshire primary , reports surfaced that Clinton had engaged in an extramarital affair with Gennifer Flowers . Clinton fell far behind former Massachusetts senator Paul Tsongas in
1722-425: A new nonimmigrant visa. If the period of overstay ranged from 180 to 365 days, the noncitizen would face a 3-year bar to reentry, and an overstay of more than 365 days would require a 10-year bar. These provisions impact noncitizens who were admitted before and after the enactment of IIRAIRA. In these circumstances, a noncitizen who falls under these categories would be subject to summary removal if attempting to reenter
1845-571: A noncitizen gains admission after the 10-year bar and is subsequently deported, IIRAIRA imposed a 20-year bar to entry. Lifetime bars to reentry were established for any noncitizen who was deported due to criminal convictions of aggravated felonies. These individuals face a lifetime bar to reentry. IIRAIRA initiated the 287(g) program . The 287(g) program allows state and local law enforcement agencies to enter into agreements with Immigration and Naturalization Service (now Immigration and Customs Enforcement ). These agreements allocate to certain agents
1968-417: A police officer and a civilian, Rector shot himself in the head, leading to what his lawyers said was a state where he could still talk but did not understand the idea of death. According to both Arkansas state law and federal law, a seriously mentally impaired inmate cannot be executed. The courts disagreed with the allegation of grave mental impairment and allowed the execution. Clinton's return to Arkansas for
2091-734: A promise he failed to keep. By election time, the economy was souring and Bush saw his approval rating plummet to just slightly over 40 percent. Finally, conservatives were previously united by anti-communism, but with the end of the Cold War, the party lacked a uniting issue. When Pat Buchanan and Pat Robertson addressed Christian themes at the Republican National Convention —with Bush criticizing Democrats for omitting God from their platform—many moderates were alienated. Clinton then pointed to his moderate, "New Democrat" record as governor of Arkansas, though some on
2214-638: A public figure. One was his visit as a Boys Nation senator to the White House to meet President John F. Kennedy . The other was watching Martin Luther King Jr. 's 1963 " I Have a Dream " speech on TV, which impressed him so much that he later memorized it. With the aid of scholarships, Clinton attended the School of Foreign Service at Georgetown University in Washington, D.C., receiving
2337-535: A resounding victory in New York City, shedding his image as a regional candidate. Having been transformed into the consensus candidate, he secured the Democratic Party nomination, finishing with a victory in Jerry Brown's home state of California. During the campaign, questions of conflict of interest regarding state business and the politically powerful Rose Law Firm , at which Hillary Rodham Clinton
2460-541: A special legislative session —the longest in Arkansas history. Many have considered this the greatest achievement of the Clinton governorship. He defeated four Republican candidates for governor: Lowe (1978), White (1982 and 1986), Jonesboro businessmen Woody Freeman (1984), and Sheffield Nelson of Little Rock (1990). Also in the 1980s, the Clintons' personal and business affairs included transactions that became
2583-410: A terrorist organization". Demore v. Kim (2003) upheld the constitutionality of the mandatory detention of noncitizens with qualifying convictions. The provisions of IIRAIRA concerning detention were initially conceptualized as allowing for indefinite detention of noncitizens. However, court decisions have added clarity to the length of time a noncitizen can be detained. In Diouf v. Napolitano (2011) ,
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#17327730964752706-399: Is a member of Kappa Kappa Psi honorary band fraternity. Upon graduating from Georgetown in 1968, Clinton won a Rhodes Scholarship to University College, Oxford , where he initially read for a B.Phil. in philosophy, politics, and economics but transferred to a B.Litt. in politics and, ultimately, a B.Phil. in politics. Clinton did not expect to return for the second year because of
2829-856: Is an American lawyer and politician who served as the 42nd president of the United States from 1993 to 2001. A member of the Democratic Party , he previously served as governor of Arkansas from 1979 to 1981 and again from 1983 to 1992. Clinton, whose policies reflected a centrist " Third Way " political philosophy , became known as a New Democrat . Clinton was born and raised in Arkansas . He graduated from Georgetown University in 1968, and later from Yale Law School , where he met his future wife, Hillary Rodham . After graduating from law school, Clinton returned to Arkansas and won election as state attorney general, followed by two non-consecutive tenures as Arkansas governor . As governor, he overhauled
2952-511: Is categorically barred from cancellation of removal and placed in a form of expedited removal proceedings (but these are distinct from expedited removal). Under IIRAIRA, expedited removal proceedings for noncitizens with aggravated felony charges are under the purview of the Attorney General who "shall provide for the initiation and, to the extent possible, the completion of removal proceedings, and any administrative appeals thereof, in
3075-457: Is granted cancellation of removal becomes an LPR. Prior to April 1, 1997, the effective date of IIRIRA , a legal remedy known as "suspension of deportation" was available to aliens in deportation proceedings . Although functionally similar to cancellation of removal, suspension of deportation did not distinguish between "permanent residents" of the United States and "nonpermanent residents." To obtain suspension of deportation, an applicant under
3198-417: Is that noncitizens must demonstrate that removal would lead to "exceptional and extremely unusual hardship" to the individual's spouse, parent, or child who is a U.S. citizen or noncitizen with legal permanent residence status. IIRAIRA eliminated the possibility of cancellation due to the hardship an individual themselves could face. IIRAIRA established expedited removal , in which immigration officials gained
3321-492: The AIDS United Action five point plan. Clinton won the 1992 presidential election (370 electoral votes) against Republican incumbent George H. W. Bush (168 electoral votes) and billionaire populist Ross Perot (zero electoral votes), who ran as an independent on a platform that focused on domestic issues. Bush's steep decline in public approval was a significant part of Clinton's success. Clinton's victory in
3444-517: The Anti-Drug Abuse Act of 1988 , and aggravated felonies consisted of murder, drug trafficking, and illicit firearm trafficking. The Anti-Drug Abuse Act of 1988 made any noncitizen convicted of an aggravated felony at any time after their entry into the United States deportable. The Immigration Act of 1990 , Immigration and Nationality Technical Corrections Act of 1994 and Anti-terrorism and Effective Death Penalty Act of 1996 increased
3567-937: The George McGovern campaign for the 1972 United States presidential election in order to move in with her in California. The couple continued living together in New Haven when they returned to law school. Clinton eventually moved to Texas with Rodham in 1972 to take a job leading McGovern's effort there. He spent considerable time in Dallas , at the campaign's local headquarters on Lemmon Avenue, where he had an office. Clinton worked with future two-term mayor of Dallas Ron Kirk , future governor of Texas Ann Richards , and then unknown television director and filmmaker Steven Spielberg . After graduating from Yale Law School , Clinton returned to Arkansas and became
3690-809: The North American Free Trade Agreement and the Violent Crime Control and Law Enforcement Act but failed to pass his plan for national health care reform . Starting in the mid-1990s, he began an ideological evolution as he became much more conservative in his domestic policy, advocating for and signing the Personal Responsibility and Work Opportunity Act , the State Children's Health Insurance Program and financial deregulation measures. He appointed Ruth Bader Ginsburg and Stephen Breyer to
3813-716: The Oslo I Accord and Camp David Summit to advance the Israeli–Palestinian peace process , and assisted the Northern Ireland peace process . Clinton won re-election in the 1996 election , defeating Republican nominee Bob Dole and Reform Party nominee Perot. His second term was dominated by the Clinton–Lewinsky scandal , which began in 1995, when he had a sexual relationship with the then 22-year-old White House intern Monica Lewinsky . In January 1998, news of
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3936-595: The Senate , where he was acquitted on both charges. During the last three years of Clinton's presidency, the Congressional Budget Office reported a budget surplus—the first such surplus since 1969. Clinton left office in 2001 with the joint-highest approval rating of any U.S. president. His presidency ranks among the middle to upper tier in historical rankings of U.S. presidents . However, his personal conduct and misconduct allegations have made him
4059-772: The U.S. Supreme Court . In foreign policy, Clinton ordered U.S. military intervention in the Bosnian and Kosovo wars , eventually signing the Dayton Peace agreement . He also called for the expansion of NATO in Eastern Europe and many former Warsaw Pact members joined NATO during his presidency. Clinton's foreign policy in the Middle East saw him sign the Iraq Liberation Act which gave aid to groups against Saddam Hussein . He also participated in
4182-612: The Vietnam War . Aller's 1971 suicide had an influential impact on Clinton. British writer and feminist Sara Maitland said of Clinton, "I remember Bill and Frank Aller taking me to a pub in Walton Street in the summer term of 1969 and talking to me about the Vietnam War. I knew nothing about it, and when Frank began to describe the napalming of civilians I began to cry. Bill said that feeling bad wasn't good enough. That
4305-621: The "Boy Governor". He worked on educational reform and directed the maintenance of Arkansas's roads, with wife Hillary leading a successful committee on urban health care reform. However, his term included an unpopular motor vehicle tax and citizens' anger over the escape of Cuban refugees (from the Mariel boatlift ) detained in Fort Chaffee in 1980. Monroe Schwarzlose, of Kingsland in Cleveland County , polled 31 percent of
4428-447: The 1992 election had several unique characteristics. Voters felt that economic conditions were worse than they actually were, which harmed Bush. A rare event was the presence of a strong third-party candidate. Liberals launched a backlash against 12 years of a conservative White House. The chief factor was Clinton's uniting his party, and winning over a number of heterogeneous groups. Clinton's " third way " of moderate liberalism built up
4551-545: The Act reduced the health and mental health outcomes of Latin-American undocumented immigrants in the United States by escalating their fear that they would be deported. In addition, this policy has been criticized by the Journal on Migration and Human Security for imposing overwhelming hurdles on refugees seeking asylum in the United States. These hurdles, such as mandatory detention and application deadlines, are argued to undermine
4674-568: The Act, including an individualized bond hearing before an immigration judge. The court in Diouf v. Napolitano (2011) acknowledged that it was extending its holding in Casas-Castrillon v. DHS (2008). Various bars for reentry of noncitizens were established by IIRAIRA. The 3-year bar to entry concerns noncitizens without lawful present status for more than 180 days but less than 365 days who returned to their home country voluntarily before
4797-513: The IIRAIRA present the case that the policy provided a much needed end to numerous loopholes present beforehand in US immigration policy, which ultimately undermined their efficacy. The ultimate goal of the IIRAIRA has been to deter further illegal immigration into the US, and despite a noticeable increase in annual deportations since the policy was enacted in 1996 from around 50,000 to over 200,000 by
4920-518: The New Hampshire polls. Following Super Bowl XXVI , Clinton and his wife Hillary went on 60 Minutes to rebuff the charges. Their television appearance was a calculated risk, but Clinton regained several delegates. He finished second to Tsongas in the New Hampshire primary , but after trailing badly in the polls and coming within single digits of winning, the media viewed it as a victory. News outlets labeled him "The Comeback Kid" for earning
5043-490: The Ninth Circuit held that an individual facing prolonged immigration detention under section 241(a)(6), inadmissible criminal aliens, of IIRAIRA is entitled to be released on bond unless the government establishes the individual is a flight risk or a danger to the community. In addition, these individuals entitled to the same procedural safeguards against prolonged detention as individuals detained under section 236(a) of
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 - Misplaced Pages Continue
5166-415: The U.S., good moral character during that period, and that deportation would result in extreme hardship to the individual or to his or her spouse, parent, or child who was a U.S. citizen or lawful permanent resident". Cancellation of removal resulted in individuals becoming lawful permanent residents. IIRAIRA restricted the requirements for individuals to become eligible for cancellation of removal and capped
5289-560: The United States at any time in the future". There is a "presumption of deportability" for noncitizens convicted of aggravated felonies, in which noncitizens "convicted of an aggravated felony shall be conclusively presumed to be deportable from the United States " . Importantly, aggravated felony charges can be applied retroactively, so if a change in the law deems a new category of offense an aggravated felony, any noncitizen previously convicted of that offense can then face removal. Under IIRAIRA, any noncitizen convicted of an aggravated felony
5412-458: The United States continuously for 7 years after having been admitted in any status, and (3) has not been convicted of any aggravated felony . According to the BIA, "cancellation of removal is both discretionary and prospective in nature." Regarding a nonpermanent resident, the Attorney General is expected to cancel the removal proceedings (and adjust the status of such alien to that of an LPR) if
5535-427: The United States for a long period of time and meet certain other conditions, to apply to remain in the United States and have the removal proceedings terminated. Cancellation of removal was crafted by the U.S. Congress to replace "suspension of deportation," a similar form of relief available prior to April 1, 1997. Cancellation of removal is potentially available to aliens. A non-Lawful permanent resident (LPR) who
5658-504: The United States without being admitted or paroled and have been in the country less than two years)". Expedited removals can be considered removals without hearings: these removals do not require judicial review by immigration judges within the Executive Office of Immigration Review unless the individual plans to apply for asylum or indicates fear of persecution . Therefore, noncitizens subject to expedited removal do not have
5781-573: The United States without being inspected and admitted" were all subject to removal proceedings. Removal proceedings are adjudicated by immigration judges, which fall under the purview of the Executive Office of Immigration Review, which is part of the Department of Justice. Post-IIRAIRA removal proceedings are initiated with a notice to appear (NTA) that is sent to the noncitizen. NTAs replaced Order to Show Cause and Notice of Time and Place documents. NTAs specify, among other things, "the nature of
5904-536: The United States. After these three requirements were met, the LPR was granted relief irrespective of his or her age , health , race , color , religion , nationality , political affiliation, political opinion, etc. The INA states the following: The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable . . . if the alien—(1) has been an alien lawfully admitted for permanent residence for not less than 5 years, (2) has resided in
6027-401: The United States. In these removal proceedings, the noncitizen does not have a right to a hearing or a lawyer and is subject to a 5-year bar of entry. IIRAIRA imposed new regulations concerning public charge determinations for noncitizens seeking admission. IIRAIRA requires that the individual(s) petitioning a family-sponsored immigrant must provide an affidavit of support. In the affidavit,
6150-959: The United States. Such strategies have been criticized as unconstitutional and deemed in violation of human rights. IIRAIRA expanded the restrictions on federally distributed post-secondary education funds that were initially enacted with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). PRWORA denied federal funding for post-secondary education to most groups of noncitizens. IIRAIRA extended these restrictions, applying them to state-level funding decisions. Under IIRAIRA, states cannot make undocumented immigrants eligible for post-secondary education benefits unless all citizens and nationals are also eligible, regardless of their state of residence. However, IIRAIRA does not define post secondary education benefits as tuition rates which are matriculation costs. Several states have passed tuition-equality laws by allowing anyone regardless of legal status to apply for in-state tuition if they meet
6273-472: The Vietnam War, would understand and appreciate his position. After Oxford, Clinton attended Yale Law School and earned a Juris Doctor (J.D.) degree in 1973. In 1971, he met his future wife, Hillary Rodham, in the Yale Law Library ; she was a class year ahead of him. They began dating and were soon inseparable. After only about a month, Clinton postponed his summer plans to be a coordinator for
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#17327730964756396-406: The ability to "perform a function of an immigration officer in relation to the investigation, apprehension, or detention of aliens in the United States (including the transportation of such aliens across State lines to detention centers)". Under 287(g), law enforcement officers are deputized to gain immigration enforcement authority, such as investigating, apprehending, and detaining noncitizens whom
6519-560: The affair made tabloid headlines. This scandal escalated throughout the year, culminating in December when Clinton was impeached by the House of Representatives , becoming the first U.S. president to be impeached since Andrew Johnson . The two impeachment articles that the House passed were centered around perjury and Clinton using the powers of the presidency to commit obstruction of justice. In 1999, Clinton's impeachment trial began in
6642-534: The alien and any witnesses. The immigration judge may issue subpoenas for the attendance of witnesses and presentation of evidence". Noncitizens have the right to a "reasonable opportunity to examine the evidence against the alien, to present evidence on the alien's own behalf, and to cross-examine witnesses presented by the Government" but not the right "to an application by the alien for discretionary relief under this Act". Further, under IIRAIRA, noncitizens "have
6765-473: The alien: (A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application ; (B) has been a person of good moral character during such period; (C) has not been convicted of an offense under section 1182(a)(2), 1227(a)(2), or 1227(a)(3) of this title , subject to paragraph (5); and (D) establishes that removal would result in exceptional and extremely unusual hardship to
6888-578: The already-completed 14-mile primary fence. Construction of the secondary fence stalled because of environmental concerns raised by the California Coastal Commission . IIRAIRA substantially increased funding directed toward the Mexico-United States Border . IIRAIRA appropriated $ 12 million of funding for multilayered fencing starting near San Diego, California and extending east for 14 miles. This funding
7011-402: The authority to summarily remove certain noncitizens. This is different from the expedited removal proceedings for noncitizens convicted of aggravated felonies . Noncitizens subject to expedited removal include noncitizens "who are inadmissible because they lack valid entry documents or have sought admission through fraud (may also include aliens inadmissible on same grounds if they are present in
7134-483: The basis of the Whitewater controversy investigation, which later dogged his presidential administration. After extensive investigation over several years, no indictments were made against the Clintons related to the years in Arkansas. According to some sources, Clinton was a death penalty opponent in his early years, but he eventually switched positions. However he might have felt previously, by 1992, Clinton
7257-530: The beginning of the 2000s, overall illegal immigration has increased since the policy's enactment according to data compiled by the Pew Research Center. Before IIRAIRA, nonimmigrants who overstayed their visas or violated their status could pay a fine that would allow them to adjust their status to permanent residence status. With IIRAIRA, however, lawfully admitted nonimmigrants who overstay their visas by one day or longer became ineligible for
7380-666: The case of any alien convicted of an aggravated felony before the alien's release from incarceration for the underlying aggravated felony". Under these expedited removal proceedings, noncitizens do attend immigration court , and they are afforded the right to counsel (at no expense to the government) for their immigration court proceedings and judicial review of their determination of removal. IIRAIRA merged exclusion and deportation proceedings into removal proceedings. All noncitizens who are removable are subject to removal proceedings. Prior to IIRAIRA, noncitizens were subject to either deportation proceedings or exclusion proceedings. Deportation
7503-658: The cause of world peace", having "a powerful collaborator in his wife", and for winning "general applause for his achievement of resolving the gridlock that prevented an agreed budget". During the Vietnam War, Clinton received educational draft deferments while he was in England in 1968 and 1969. While at Oxford, he participated in Vietnam War protests and organized a Moratorium to End the War in Vietnam event in October 1969. He
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#17327730964757626-480: The challenge to argue the defense of the ancient Roman senator Catiline in a mock trial in his Latin class. After a vigorous defense that made use of his "budding rhetorical and political skills", he told the Latin teacher Elizabeth Buck it "made him realize that someday he would study law". Clinton has identified two influential moments in his life, both occurring in 1963, that contributed to his decision to become
7749-616: The controversial execution of Ricky Ray Rector , would go forward as scheduled. During his time as governor in the 1980s, Arkansas was the center of a drug smuggling operation through Mena Airport . CIA agent Barry Seal allegedly imported three to five billion dollars worth of cocaine through the airport, and the operation was linked to the Iran–Contra affair . Clinton was accused of knowing about this operation, although nothing could be proven against him. Journalist Sam Smith tied him to various questionable business dealings. Clinton
7872-512: The draft and avoid serving in uniform. He issued a notarized statement during the 1992 presidential campaign: During the 1992 campaign, it was revealed that Clinton's uncle had attempted to secure him a position in the Navy Reserve , which would have prevented him from being deployed to Vietnam. This effort was unsuccessful and Clinton said in 1992 that he had been unaware of it until then. Although legal, Clinton's actions with respect to
7995-501: The draft and deciding whether to serve in the military were criticized during his first presidential campaign by conservatives and some Vietnam veterans, some of whom charged that he had used Fulbright's influence to avoid military service. Clinton's 1992 campaign manager, James Carville , successfully argued that Clinton's letter in which he declined to join the ROTC should be made public, insisting that voters, many of whom had also opposed
8118-461: The draft and received a high number (311), meaning that those whose birthdays had been drawn as numbers 1 to 310 would be drafted before him, making it unlikely he would be called up. (In fact, the highest number drafted was 195.) Colonel Eugene Holmes, the Army officer who had been involved with Clinton's ROTC application, suspected that Clinton attempted to manipulate the situation to avoid
8241-430: The draft and so he switched programs; this type of activity was common among other Rhodes Scholars from his cohort. He had received an offer to study at Yale Law School , and so he left early to return to the United States and did not receive a degree from Oxford. During his time at Oxford, Clinton befriended fellow American Rhodes Scholar Frank Aller. In 1969, Aller received a draft letter that mandated deployment to
8364-418: The eight years of the Clinton administration, the abortion rate declined by 18 percent. On February 15, 1993, Clinton made his first address to the nation, announcing his plan to raise taxes to close a budget deficit . Two days later, in a nationally televised address to a joint session of Congress , Clinton unveiled his economic plan. The plan focused on reducing the deficit rather than on cutting taxes for
8487-595: The election ended twelve years of Republican rule of the White House and twenty of the previous twenty-four years. The election gave Democrats full control of the United States Congress , the first time one party controlled both the executive and legislative branches since Democrats held the 96th United States Congress during the presidency of Jimmy Carter . According to Seymour Martin Lipset ,
8610-455: The eligibility requirements. In doing so, the states have complied with the mandates established by IIRAIRA and PRWORA. IIRAIRA made it a criminal offense for a noncitizen to vote in a federal election . This, however, does not apply to those who have resided in the United States as non-citizen U.S. nationals or permanent residents while they were under the age of 16 years, and both of their parents are U.S. citizens. A 2018 paper found that
8733-529: The end of his presidency, the Clintons moved to 15 Old House Lane in Chappaqua, New York , in order to quell political worries about his wife's residency for election as a U.S. Senator from New York. "Our democracy must be not only the envy of the world but the engine of our own renewal. There is nothing wrong with America that cannot be cured by what is right with America." Inaugural address, January 20, 1993. After his presidential transition , Clinton
8856-502: The execution was framed in an article for The New York Times as a possible political move to counter "soft on crime" accusations. Bush's approval ratings were around 80 percent during the Gulf War , and he was described as unbeatable. When Bush compromised with Democrats to try to lower federal deficits, he reneged on his promise not to raise taxes , which hurt his approval rating. Clinton repeatedly condemned Bush for making
8979-516: The final order of removal. IIRAIRA restricted noncitizens' access to cancellation of removal , which is a form of relief from deportation. Prior to IIRAIRA, noncitizens could receive cancellation of removal through discretionary relief from the Attorney General (this relief is carried out by immigration judges within Executive Office of Immigration Review. In general, before IIRAIRA noncitizens could become eligible for cancellation of removal if they "established seven years continuous physical presence in
9102-509: The individual to "be removed under the prior order at any time after the reentry". IIRAIRA expanded the authority of the Attorney General to detain noncitizens who are facing removal. Under IIRAIRA, noncitizens "may be arrested and detained pending a decision on whether the [noncitizen] is to be removed from the United States". IIRAIRA did not impose any limitations on the length of detention, but IIRAIRA did restrict these noncitizens' access to release from detention. Release could be granted with
9225-571: The initiation of removal proceedings in immigration court. The 3-year bar begins on the date of the individual's departure or removal from the U.S. The 10-year bar to entry applies to any noncitizen who was ordered removed in immigration court or to any noncitizen who returned to their home country prior to the final adjudication of their removal proceedings in immigration court who were in the United States without lawful immigration status for one or more years. Individuals in either of these categories are summarily found ineligible for entry for 10 years. If
9348-412: The latter's death. In Hot Springs, Clinton attended St. John's Catholic Elementary School, Ramble Elementary School, and the segregated Hot Springs High School , where he was an active student leader, avid reader, and musician. Clinton was in the chorus and played the tenor saxophone , winning first chair in the state band's saxophone section. While in high school, Clinton performed for two years in
9471-523: The middle class, which had been high on his campaign agenda. Clinton's advisers pressured him to raise taxes, based on the theory that a smaller federal budget deficit would reduce bond interest rates. President Clinton's attorney general Janet Reno authorized the FBI's use of armored vehicles to deploy tear gas into the buildings of the Branch Davidian community near Waco, Texas, in hopes of ending
9594-487: The more liberal side of the party remained suspicious. Many Democrats who had supported Ronald Reagan and Bush in previous elections switched their support to Clinton. Clinton and his running mate, Al Gore , toured the country during the final weeks of the campaign, shoring up support and pledging a "new beginning". On March 26, 1992, during a Democratic fund raiser of the presidential campaign, Robert Rafsky confronted then Gov. Bill Clinton of Arkansas and asked what he
9717-436: The nation's fiscal health and put the nation on a firm footing abroad amid globalization and the development of anti-American terrorist organizations. During his presidency, Clinton advocated for a wide variety of legislation and programs , most of which were enacted into law or implemented by the executive branch. His policies, particularly the North American Free Trade Agreement and welfare reform , have been attributed to
9840-611: The national level. Clinton delivered the Democratic response to Reagan's 1985 State of the Union Address and served as chair of the National Governors Association from 1986 to 1987, bringing him to an audience beyond Arkansas. In the early 1980s, Clinton made reform of the Arkansas education system a top priority of his gubernatorial administration. The Arkansas Education Standards Committee
9963-541: The number of cancellations available to 4,000 annually. With IIRAIRA, cancellation required continuous physical presence in the U.S. for 10 years prior to the initiation of removal proceedings, which is called the stop-time rule. In 1997, the Bureau of Immigration Appeals ruled that the stop-time rule can also be applied retroactively to individuals who began removal proceedings prior to IIRAIRA's implementation. An additional IIRAIRA mandated requirement for cancellation of removal
10086-402: The number of full-time, active-duty border patrol agents would increase by at least 1,000 "in each of the fiscal years 1997, 1998, 1999, 2000, and 2001". IIRAIRA also funded an increase of 300 supportive personnel in each of the fiscal years of 1997, 1998, 1999, 2000, and 2001. These new border patrol agents were to be stationed at areas with high proportions of illegal crossing, as measured within
10209-731: The obligations the United States has under the Refugee Convention Protocols of 1967 . Furthermore, a paper in the Journal on Migration and Human Security analyzed a 2011 test conducted by the Migration Policy Institute aimed at exploring any negative externalities the 287(g) program had on the communities of Frederick County, Maryland. The journal found that, after recording arrests by the Frederick County Sheriff's Office, there
10332-632: The officer believes to be removable. When agencies enter into 287(g) agreements, the individuals deputized are under the direction of ICE, but they are not considered federal officials. Local law enforcement is not allowed to enforce immigration law—that authority is vested in the federal government as immigration enforcement is a civil matter. State local law enforcement officials, such as sheriffs' agencies and municipal law enforcement , are only allowed to enforce criminal matters . The 287(g) program has received considerable pushback from immigration scholars and immigrant advocacy groups, who expressed that
10455-430: The officer in charge of the program that he opposed the war, but did not think it was honorable to use ROTC, National Guard, or Reserve service to avoid serving in Vietnam. He further stated that because he opposed the war, he would not volunteer to serve in uniform, but would subject himself to the draft, and would serve if selected only as a way "to maintain my political viability within the system". Clinton registered for
10578-462: The order of removal becomes administratively final", "the date of the court's final order" or if the date at which the noncitizen is released from detention (only in cases of non-immigration related detention). Noncitizens can file one motion to reconsider the decision of an immigration judge, which must be filed within 30 days of the final order being issued. Noncitizens can also file 1 motion for reopening their case, which must be filed within 90 days of
10701-524: The petitioner must "agree to provide support to maintain the sponsored alien at an annual income that is not less than 125 percent of the federal poverty guidelines " until the noncitizen naturalizes as a U.S. citizen or the noncitizen, the noncitizen's parent, or the noncitizen's spouse has worked for 40 qualifying quarters. With IIRAIRA, the US Congress expanded the definition of the term aggravated felony . Aggravated felonies were first initiated with
10824-506: The potential candidacy of Hillary for governor, initially favored—but ultimately vetoed—by the First Lady). For the nomination, Clinton endorsed Massachusetts governor Michael Dukakis . He gave the nationally televised opening night address at the 1988 Democratic National Convention , but his speech, which was 33 minutes long and twice the length it was expected to be, was criticized for being too long. Clinton presented himself both as
10947-465: The pre-IIRIRA standard was required to fulfill the following: (1) continuous physical presence in the United States for a period of at least seven years; (2) " good moral character " during that entire period; and (3) that the applicant's deportation from the United States would result in " extreme hardship " to the applicant or any qualifying relative, which was mainly the applicant's spouse , parents , or children , who were either citizens or LPRs of
11070-424: The previous year. Such areas were largely concentrated at the southern border (Mexico-United States Border). IIRAIRA targeted funding for agents and militarized technology to "areas of the border identified as areas of high illegal entry into the United States in order to provide a uniform and visible deterrent to illegal entry on a continuing basis". In doing so, IIRAIRA appropriated consistent funding that supported
11193-457: The privilege of being represented, at no expense to the Government, by counsel of the [noncitizen's] choosing". Therefore, noncitizens can have legal representation in immigration court, but they not entitled to legal representation provided by the Government if they cannot afford an attorney. IIRAIRA established a removal period of 90 days for noncitizens determined to be removable by an immigration judge. The removal period can begin when "the date
11316-442: The proceedings against the alien", "the legal authority under which the proceedings are conducted", "the acts or conduct alleged to be in violation of the law" and "the charges against the alien and the statutory provisions alleged to have been violated". IIRAIRA established the authority of immigration judges in removal proceedings. Immigration judges "shall administer oaths, receive evidence, and interrogate, examine, and cross-examine
11439-553: The program increases racial profiling and undermines immigrants' rights. As of November 2021, there were 142 agencies with signed 287(g) agreements in the United States. Among other changes, IIRAIRA gave the United States Attorney General broad authority to construct barriers along the Mexico–United States border , and it authorized the construction of a secondary layer of border fencing to support
11562-425: The provisions enacted with IIRAIRA, such as the expansion of aggravated felonies, creation of the 287(g) program , reduction in due process rights, and intensified funding of border militarization. With IIRAIRA, all noncitizens, regardless of legal status and including long-term legal permanent residents, became subject to removal and greatly expanded the offenses that could lead to formal deportation. Proponents of
11685-445: The reentry of undocumented immigrants who previously left through voluntary departure or who were previously issued orders of removal who entered without lawful admission. With reinstatement of removal, "the prior order of removal is reinstated from its original date and is not subject to being reopened or reviewed" and the immigrant is ineligible for applying for or receiving any relief from removal. Reinstatement of removal allows for
11808-707: The right to administrative review or the right to administrative appeal and judicial review. Because expedited removals do not require judicial or administrative review, noncitizens who are subject to expedited removals are not afforded the right to an attorney during their interviews with immigration officials . IIRAIRA initiated stipulated removal, which is a type of plea agreement for noncitizens who are convicted of crimes in criminal court. Stipulated removal orders under IIRAIRA can be enacted for noncitizens facing felony and misdemeanor convictions that are considered aggravated felonies. Stipulated removal allocated to United States federal district court judges "jurisdiction to enter
11931-469: The right to notice and hearing" for a determination of their removability. IIRAIRA initiated exceptions for stipulated removal for individuals in "exceptional circumstances": serious illness of the alien or serious illness or death of the spouse, child, or parent of the alien, but not including less compelling circumstances) beyond the control of the alien. IIRAIRA implemented a process called reinstatement of removal . Reinstatement of removal concerns
12054-477: The same reason. Clinton had repeatedly promised to encourage gays in the military service, despite what he knew to be the strong opposition of the military leadership. He tried anyway, and was publicly opposed by the top generals, and forced by Congress to a compromise position of " Don't ask, don't tell " whereby gays could serve if and only if they kept it secret. He devised a $ 16-billion stimulus package primarily to aid inner-city programs desired by liberals, but it
12177-515: The state's education system and served as chairman of the National Governors Association . Clinton was elected president in the 1992 election , defeating the incumbent Republican Party president George H. W. Bush and the independent businessman Ross Perot . He became the first president to be born in the Baby Boomer generation. Clinton presided over the longest period of peacetime economic expansion in American history. He signed into law
12300-461: The state's eligibility requirements. States have overcome these restrictions by basing eligibility on in-state tuition on factors besides residence, such as attendance at a high school in the state. Nevertheless, tuition rates which include student fees and matriculation costs are not defined as post-secondary education benefits. These provisions allow anyone, regardless of their immigration or citizenship status, to apply for in-state tuition if they meet
12423-778: The subject of substantial scrutiny. Since leaving office, Clinton has been involved in public speaking and humanitarian work. He created the Clinton Foundation to address international causes such as the prevention of HIV/AIDS and global warming. In 2009, he was named the United Nations special envoy to Haiti . After the 2010 Haiti earthquake , Clinton founded the Clinton Bush Haiti Fund with George W. Bush and Barack Obama . He has remained active in Democratic Party politics, campaigning for his wife's 2008 and 2016 presidential campaigns . Clinton
12546-623: The types of offenses considered aggravated felonies. In addition, with these laws, crimes with a penalty of 5 years or longer would be considered an aggravated felony . After IIRAIRA, however, the penalty was changed so that any crime with a penalty of one year or longer would be considered an aggravated felony . Any noncitizen who is convicted of an aggravated felony can face collateral immigration consequences: "noncitizens who have been convicted of an 'aggravated felony' are prohibited from receiving most forms of relief that would spare them from deportation, including asylum, and from being readmitted to
12669-517: The vote against Clinton in the Democratic gubernatorial primary of 1980. Some suggested Schwarzlose's unexpected voter turnout foreshadowed Clinton's defeat by Republican challenger Frank D. White in the general election that year. As Clinton once joked, he was the youngest ex-governor in the nation's history. After leaving office in January 1981, Clinton joined friend Bruce Lindsey 's Little Rock law firm of Wright, Lindsey and Jennings. In 1982, he
12792-611: The years of the recorded surplus, the gross national debt rose each year. At the end of the fiscal year (September 30) for each of the years a surplus was recorded, the U.S. Treasury reported a gross debt of $ 5.413 trillion in 1997, $ 5.526 trillion in 1998, $ 5.656 trillion in 1999, and $ 5.674 trillion in 2000. Over the same period, the Office of Management and Budget reported an end of year (December 31) gross debt of $ 5.369 trillion in 1997, $ 5.478 trillion in 1998, $ 5.606 in 1999, and $ 5.629 trillion in 2000. At
12915-474: The youngest gubernatorial candidates in the state's history. Clinton was elected governor of Arkansas in 1978 , having defeated the Republican candidate Lynn Lowe , a farmer from Texarkana . Clinton was only 32 years old when he took office, the youngest governor in the country at the time and the second youngest governor in the history of Arkansas. Due to his youthful appearance, Clinton was often called
13038-401: Was inaugurated as the 42nd president of the United States on January 20, 1993. Clinton was physically exhausted at the time, and had an inexperienced staff. His high levels of public support dropped in the first few weeks, as he made a series of mistakes. His first choice for attorney general had not paid her taxes on babysitters and was forced to withdraw. The second appointee also withdrew for
13161-473: Was a partner, arose. Clinton argued the questions were moot because all transactions with the state had been deducted before determining Hillary's firm pay. Further concern arose when Bill Clinton announced that, with Hillary, voters would be getting two presidents "for the price of one". Clinton was still the governor of Arkansas while campaigning for U.S. president, and he returned to his home state to see that Ricky Ray Rector would be executed. After killing
13284-611: Was accused of serious sexual misconduct in Arkansas, including allegations of using the Arkansas State Police to gain access to women ( Troopergate affair ). The killing of Don Henry and Kevin Ives in 1987 started various conspiracy theories that accused Clinton and the Arkansas state authorities of covering up the crime. In 1987, the media speculated that Clinton would enter the presidential race. Clinton decided to remain as Arkansas governor (following consideration for
13407-402: Was also accused by Gennifer Flowers to have used cocaine as governor and his half-brother Roger was sentenced to prison in 1985 for possession and smuggling of cocaine, but was later pardoned by his brother after serving his sentence. During his time in Arkansas, there were also other scandals such as the Whitewater controversy involving the Clintons' real estate dealings, and Bill Clinton
13530-617: Was born William Jefferson Blythe III on August 19, 1946, at Julia Chester Hospital in Hope, Arkansas . He is the son of William Jefferson Blythe Jr. , a traveling salesman who died in an automobile accident three months before his birth, and Virginia Dell Cassidy (later Virginia Kelley). Blythe had initially survived the crash, but drowned in a drainage ditch. His parents had married on September 4, 1943, but this union later proved to be bigamous, as Blythe
13653-612: Was chaired by Clinton's wife Hillary, who was also an attorney as well as the chair of the Legal Services Corporation . The committee transformed Arkansas's education system. Proposed reforms included more spending for schools (supported by a sales-tax increase), better opportunities for gifted children, vocational education, higher teachers' salaries, more course variety, and compulsory teacher competency exams. The reforms passed in September 1983 after Clinton called
13776-526: Was defeated by a Republican filibuster in the Senate. His popularity at the 100 day mark of his term was the lowest of any president at that point. Public opinion did support one liberal program, and Clinton signed the Family and Medical Leave Act of 1993 , which required large employers to allow employees to take unpaid leave for pregnancy or a serious medical condition. This action had bipartisan support, and
13899-408: Was elected governor a second time and kept the office for ten years. Effective with the 1986 election, Arkansas had changed its gubernatorial term of office from two to four years. During his term, he helped transform Arkansas's economy and improved the state's educational system. For senior citizens , he removed the sales tax from medications and increased the home property-tax exemption. He became
14022-619: Was evidence pointing towards racial profiling against Hispanics in the area. The scope of the law's authority was judged by the U.S. Supreme Court in the 2022 Biden v. Texas (Removal of the 'Remain in Mexico' policy) ruling, which found in a 5-4 decision that the President had the direct authority to regulate the law's Migrant Protection Protocols without approval from Congress. Bill Clinton [REDACTED] William Jefferson Clinton ( né Blythe ; born August 19, 1946)
14145-486: Was going to do about AIDS , to which Clinton replied, "I feel your pain". The televised exchange led to AIDS becoming an issue in the 1992 presidential election. On April 4, then candidate Clinton met with members of ACT UP and other leading AIDS advocates to discuss his AIDS agenda and agreed to make a major AIDS policy speech, to have people with HIV speak to the Democratic Convention , and to sign onto
14268-577: Was insisting that Democrats "should no longer feel guilty about protecting the innocent". During Clinton's final term as governor, Arkansas performed its first executions since 1964 (the death penalty had been reinstated in 1976). As Governor, he oversaw the first four executions carried out by the state of Arkansas since the death penalty was reinstated there in 1976: one by electric chair and three by lethal injection . To draw attention to his stance on capital punishment, Clinton flew home to Arkansas mid-campaign in 1992, in order to affirm in person that
14391-467: Was not until Clinton turned 15 that he formally adopted the surname Clinton as a gesture toward him. Clinton has described his stepfather as a gambler and an alcoholic who regularly abused his mother and half-brother, Roger Clinton Jr. The physical abuse only ceased after a then-14-year-old Bill challenged his stepfather to "stand and face" him, though the verbal/emotional abuse continued. Bill would eventually forgive Roger Sr. for his abusive actions near
14514-584: Was planning to attend law school in the U.S. and knew he might lose his deferment. Clinton tried unsuccessfully to obtain positions in the National Guard and the Air Force officer candidate school , and he then made arrangements to join the Reserve Officers' Training Corps (ROTC) program at the University of Arkansas . He subsequently decided not to join the ROTC, saying in a letter to
14637-540: Was popular with the public. Two days after taking office, on January 22, 1993—the 20th anniversary of the U.S. Supreme Court decision in Roe v. Wade —Clinton reversed restrictions on domestic and international family planning programs that had been imposed by Reagan and Bush. Clinton said abortion should be kept "safe, legal, and rare"—a slogan that had been suggested by political scientist Samuel L. Popkin and first used by Clinton in December 1991, while campaigning. During
14760-453: Was reserved for noncitizens who "made an 'entry' into the U.S.", whereas exclusion proceedings were reserved for noncitizens who had not made entry into the United States. The consolidation of exclusion and deportation proceedings into removal proceedings was an attempt to streamline the process of deportation and exclusion. Under IIRAIRA, noncitizens "admitted to the United States, [noncitizens] applying for admission, and [noncitizens] present in
14883-780: Was still married to his fourth wife. Virginia traveled to New Orleans to study nursing soon after Bill was born, leaving him in Hope with her parents Eldridge and Edith Cassidy, who owned and ran a small grocery store. At a time when the southern United States was racially segregated , Clinton's grandparents sold goods on credit to people of all races. In 1950, Bill's mother returned from nursing school and married Roger Clinton Sr. , who co-owned an automobile dealership in Hot Springs, Arkansas , with his brother and Earl T. Ricks . The family moved to Hot Springs in 1950. Although he immediately assumed use of his stepfather's surname, it
15006-546: Was the first time I encountered the idea that liberal sensitivities weren't enough and you had to do something about such things". Clinton was a member of the Oxford University Basketball Club and also played for Oxford University's rugby union team. While Clinton was president in 1994, he received an honorary Doctor of Civil Law degree and a fellowship from the University of Oxford , specifically for being "a doughty and tireless champion of
15129-524: Was used to supplement existing fencing and add second and third layered fencing along that portion of the border. In addition to the multilayered fencing near San Diego, California, IIRAIRA allocated additional technology and funding for the Border Patrol. Included in this allocation were "fixed wing aircraft, helicopters, four-wheel drive vehicles, sedans, night vision goggles, night vision scopes, and sensor units". (section 103). IIRAIRA required that
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