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The Historical Context of the Explanation of Section 10 of H.R. 14831

Authored by Darian Donachie

The Explanation of Section 10 of H.R. 14831 is part of the CMS.105, Arthur P. (“Skip”) Endres Papers, 1960-1980s collection at the Center for Migration Studies of New York (CMS-NY)

President Lyndon B. Johnson authorized the Immigration and Nationality Act (INA) on October 3, 1965, during the mid-Cold War period (Kennedy 2019). The INA changed America’s formerly biased policy to reunite immigrant families as well as encourage skilled workers from other countries to establish a new life in the United States (History 2019). As a result, immigration to the United States soared throughout the 1960s and 1970s as people sought to start a new life free from “poverty or the hardships of communist regimes in Cuba, Eastern Europe, and elsewhere” (History 2019, under “Immediate Impact”). The number of immigrants from Asian countries to the United States was considerably high on account that they were now allowed to migrate to the United States; moreover, many of these immigrants sought to relocate to the United States from “war-torn Southeast Asia” (History 2019, under “Immediate Impact”).

Massey and Pren (2012) noted that illegal immigration escalated after 1965, seeing as “the temporary labor program had been terminated and the number of permanent resident visas had been capped” (3). As a result, immigrants then began to circumvent numerical quotas by illegally entering the United States as relatives of U.S. citizens (13). With respect to the INA, the Explanation of Section 10 of H.R. 14831 provides archival evidence as to how policymakers began to uncover how immigrants were entering the United States illegally and later securing their citizenship. One could further assume from documents such as this bill that such documents helped provide a precedent for the Immigration Reform Act in 1986, which aimed to reinforce immigration policies as well as establish additional legal opportunities for immigrants to enter the United States (History 2019).

While this document does not suggest whether this particular bill was passed, research indicates that there is currently criteria to be eligible for a waiver of deportability in place. The Immigrant Legal Resource Center (ILRC) states that one “may be eligible for a waiver of deportability under INA § 237(a)(1)(H)” with criteria for eligibility similar to those specified under the proposed amendment to section 241 (f) (Immigrant Legal Resource Center 2019, 1). The ILRC (2019) also notes that this waiver was “previously found under INA § 241(f),” which signifies that this bill, or a subsequent version of this bill, was passed and later reassigned to a different section of the INA (1).

Though under a different section of the INA, the Explanation of Section 10 of H.R. 14831 is still in effect today, which implies that Endres’s work was significant to immigration legislation. Endres’s efforts to improve immigrant law reflect the St. John’s Vincentian core values of truth and excellence. The values of excellence and truth are demonstrated in Endres’s pursuit to improve section 241 (f) by recognizing that this section must be altered to ensure that immigrants were not given a waiver of deportability unless they could prove that they legally entered the United States and had not violated additional laws outside of misrepresentation of status.

References

Endres, Arthur P. n.d. Explanation of Section 10 of H.R. 14831. Arthur P. (“Skip”) Endres Papers, 1960-1980s. The Center for Migration Studies of New York (CMS), New York.

History. 2019. “U.S. Immigration Since 1965.” Last modified June 7, 2019. https://www.history.com/topics/immigration/us-immigration-since-1965.

Immigrant Legal Resource Center. 2019. “The 237(a)(1)(H) Fraud Waiver: Waiver of Deportability for Persons Inadmissible at Time of Admission Due to Fraud or Misrepresentation.” Areas of Expertise. Last modified November 27, 2019. https://www.ilrc.org/237a1h-fraud-waiver-waiver-deportability-persons-inadmissible-time-admission-due-fraud-or.

Kennedy, Lesley. 2019. “How the Immigration Act of 1965 Changed the Face of America.” History Stories. Last modified August 12, 2019. https://www.history.com/news/immigration-act-1965-changes.

Massey, Douglas S., and Karen A. Pren. 2012. “Unintended Consequences of US Immigration Policy: Explaining the Post-1965 Surge from Latin America.” Popul Dev Rev 38 (1): 3-4. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3407978/pdf/nihms389585.pdf.

St. John’s University. 2015. “St. John’s Mission and Values.” Mission and Values. Last modified October 2015. https://online.stjohns.edu/about-us/mission.