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Are You a U.S. Citizen Hurt by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA)?

I want to include your story in my book!

My name is Ana Mericant, and I'm a professional writer. I’m also one of 1.3+ million American citizens impacted by the excessively cruel punishments mandated by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). Specifically, the automatic and mandatory bar to re-entry that threaten to rip apart my family for an entire decade. 

 

The IIRIRA has been called disastrous by immigration experts, and cited as the root of today’s immigration problems because, among other things, it made more people eligible for deportation; removed due process and discretion for deportation cases; and put in place an automatic and mandatory penalty of what is referred to as the 3- and 10-year bars to re-entry if they leave the country, with no exceptions or consideration of family ties to Americans.

 

Many say the IIRIRA is unconstitutional, and a violation of citizens’ rights and human rights to family. Yet, nothing’s been done to fix it since it took effect almost 30 years ago. 

 

And I’m fed up that nothing changes, while Americans like me suffer. 

 

I'm sick of policymakers making campaign promises to revise the IIRIRA, but forget about them once elected. I'm frustrated that advocates rant about the need to “fix 1996" but continue to be unsuccessful. I'm frustrated at being ignored by mainstream media.

 

And it annoys me that most Americans don’t know about the IIRIRA, and think that marriage prevents deportations. Fact is, the public is totally unaware that 1.3+ million Americans have been unexpectedly dragged into the middle of a broken immigration system, with no way out.

 

That’s why I’m writing a book about the pain and suffering that the IIRIRA has on Americans who are married to immigrants, especially the lack of discretion and the mandatory 10-year bar to re-entry. All proceeds from my book will go to a fund that I will create to support Americans in their battle to legalize their spouse.

 

In my book, I will explain the IIRIRA in a way that non-lawyerly people can understand. I will show -- through real life stories -- why this law is particularly punishing to American citizens; what it’s like to be forced by your own government to choose between love or country; the pain and suffering it causes their immediate and extended family; the emotional and financial damage it inflicts; and much, much more. 

 

But most of all, I want to include as many real-life stories as I can about Americans like me who have been harmed by the IIRIRA. That’s how the public will really get what we’re going through. But I need help to do so.

 

Please tell me your story by filling out the form on this page, and sharing this link far and wide so that we can gather as many stories like ours as possible. I will never share your personal information. In fact, I don't want it. I just need your first name and last initial. 

 

You might be in the U.S. living in fear, or you may have already exiled out of the country to be with your spouse. Or a combination of both. I want to hear the details of your situation, and the impact on you and your family.

 

Through our stories, my book, I’m hoping to bring attention to the plight of Americans like me who did nothing wrong but fall in love. Together, we can make the public aware of the pain this law causes Americans, and hopefully put more pressure on policymakers and President Biden to finally “fix ’96.”

Share Your Story

If you're a U.S. citizen married to a foreign-born person who is suffering because of the IIRIRA's harsh punishments like the 3- and 10-year bars to re-entry, please fill out the form below. Don't worry about your writing or spelling! If you prefer to email your responses or have me interview by phone, email anamericant@protonmail.com.

Thanks for sharing! I may be in touch with follow-up questions.

FAQs

What is the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) -- and why is it breaking apart American families?

 

I call it the immigration law you’ve never heard of that forces Americans to consider exiling out of the country just to live side-by-side with their spouses. 

 

The IIRIRA was put in place in 1996, and it bundled several provisions into one law that, among other things, made more people eligible for deportation; removed due process and discretion for deportation cases; and put in place an automatic and mandatory penalty of what is referred to as 3- and 10-year bars to re-entry if they leave the country, with no exceptions or consideration of family ties to Americans.

 

But here’s the irony: Because of the IIRIRA, Americans like me have no way to legalize our spouses unless the spouse departs the country -- and remains away for the period of the punishment. In my husband’s case, he will have to be away from me, our life and our home for 10 years. As the Immigration Forum explains:

 

"Since those who are not present (or are not lawfully present) in the United States are required to apply for a green card from a U.S. State Department consulate abroad for an entry visa before adjusting status, those who attempt to do so may be barred reentering the U.S. for years – even when these individuals already have established families and livelihoods. However, by requiring individuals to leave the U.S. to attempt to obtain a green card, those who have unlawfully remained in the U.S. for extended periods are barred from reentering. With limited alternatives, many families face terrible dilemmas." (Source: Immigration Forum)

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What is the Catch 22 that Americans married to foreign-born people face because of the IIRIRA?

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The Brooklyn Law Review explains it best in their paper, Deported by Marriage: Americans Forced to Choose Between Love and Country: When a spouse has a final order of removal, the American can either preserve his/her right to marriage by moving out of the United States OR preserve his/her right to enjoy the “privileges and immunities” of citizenship by staying in the United States without his/her spouse. 

 

It means that Americans like me who are married to people with immigration problems are forced to make an impossible decision if they ever want to live a “normal” life, side-by-side, with the person they vowed to have and to hold: Either relocate out of the United States to wait out the multi-year ban and re-apply to return to the States legally; or, remain in the United States with no hope of your spouse ever achieving legalized status which, among other things, means the immigrant never gets to live a full life, can't work legally, or buy a house, or get health insurance -- and their family will forever live in fear that the loved one might be taken away at any moment. 

 

But that’s not a choice at all. Americans should not have to be forced to go into exile -- and abandon their country and family -- to be with their spouses to wait out the ban. Nor should they be forced to live in hiding, or forced to separate from the person they married. 

 

Doesn’t marriage solve someone’s immigration problems?

 

No. When most people hear that Americans are being punished by inhumane immigration laws, they don’t get it. Americans? Punished by immigration laws? Can’t be. Well, yes, it’s very true. In fact, it’s a myth that marriage prevents deportation. 

 

Are there any current bills to help immigrants who are married to people with immigration problems?
 

Yes and no. As of May 2022, there is the American Families United Act, and the Legal Immigration and Family Equaity (LIFE) Act.but neither of those bills push to repeal or revise the IIRIRA, and instead push for waivers.

 

Where can I learn more about the IIRIRA? 

 

Here are some links that I recommend reading:

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GOT QUESTIONS? 

Email me at anamericant@protonmail.com or DM me on Twitter @ana_mericant

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