This act states that if an immigrant has been unlawfully present in the United States for 180 days but less than 365 days he or she must remain outside the United Statesfor three years unless the person obtains a pardon. If the person has been in the United States for 365 days or more, he or she must stay outside the United States for ten years unless he or sheobtains a pardon. If the person returns to the United States without the pardon, the person cannot apply for a waiver for a period of ten years. This is the permanent bar.Contents [hide]
1 Constitutionalissues within the law
2 Deportation issues
3 Section 287(g) and relations between federal and lower levels of government
4 See also
6 External links
Constitutional issueswithin 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 anindividual 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 thatCongress did not intend IIRIRA to be applied retroactively to those who pleaded guilty to a crime prior to the enactment of IIRIRA, if that person would not have been deportable at the time that he...