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Illegal Immigration Reform and Immigrant Responsibility Act
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Illegal Immigration Reform and Immigrant Responsibility Act

1996 US immigration law covering enforcement, removal and federal data sharing.

A 1996 immigration law became the legal footing for bulk citizenship checks on US voter rolls on 25 September 2026, when the Supreme Court majority read IIRIRA as permitting the data sharing behind DHS's expanded SAVE System.

Last refreshed: 1 October 2026 · Appears in 1 active topic

Timeline for Illegal Immigration Reform and Immigrant Responsibility Act

#19 25 Sept
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Background

The Illegal Immigration Reform and Immigrant Responsibility Act is a 1996 US law that reshaped immigration enforcement. It was enacted as Division C of the Omnibus Consolidated Appropriations Act, 1997 (Pub. L. 104-208), signed on 30 September 1996. It created expedited removal and the three- and ten-year re-entry bars for people WHO had been unlawfully present.

Its section 642, codified at 8 U.S.C. 1373, bars federal, state and local bodies from restricting officials WHO share information about a person's citizenship or immigration status, and requires the federal immigration service to answer verification requests from other agencies. For most of its life that provision mattered chiefly in fights over local co-operation with immigration enforcement.

In 2026 its data-sharing rules took on a role in elections. the Supreme Court majority's reading of the law, in letting DHS restore its SAVE citizenship checks, made it a foundation for federal verification of voter rolls.

Key Issues
Common Questions
What does section 1373 of IIRIRA say?
Section 1373, enacted as section 642 of IIRIRA in 1996, says no federal, state or local government entity or official may prohibit or restrict any official from sending to, or receiving from, the immigration service information on a person's citizenship or immigration status. It also requires the immigration service to answer agencies' verification requests.Source: 8 U.S.C. 1373 (law.cornell.edu)
Why did the Supreme Court cite IIRIRA in the 2026 SAVE case?
In its 25 September 2026 stay in Department of Homeland Security v. League of Women Voters, the majority read IIRIRA's section 1373 as letting DHS and the Social Security Administration share citizenship data despite the Privacy Act, so DHS could restore bulk SAVE checks for election officials.Source: Supreme Court, No. 26A308, per curiam (25 September 2026)
When was IIRIRA passed?
IIRIRA became law on 30 September 1996 as Division C of the Omnibus Consolidated Appropriations Act, 1997, Public Law 104-208.Source: govinfo.gov, Pub. L. 104-208
Does IIRIRA override the Privacy Act?
the Supreme Court's majority read it that way in its 25 September 2026 stay order, a ruling on likely success rather than a final judgment. Justice Jackson, joined by Justices Sotomayor and Kagan, dissented.Source: Supreme Court, No. 26A308 (25 September 2026)
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