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DREAM Act

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The Development, Relief and Education for Alien Minors Act (also called "The DREAM Act") is a bill that has been introduced several times in the United States Congress that would provide a path to citizenship for illegal immigrant students. The DREAM Act would also repeal Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which currently puts limits on states' ability to provide in-state tuition to illegal immigrant students.

The bill, in all its incarnations, has never been brought to a vote in either the United States House or the United States Senate. The text of the bill has also been included in various other immigration-related bills, including the Comprehensive Immigration Reform Act of 2006, which was approved by the Senate and the Comprehensive Immigration Reform Act of 2007, which failed to muster enough support in Congress.[1]

Description of the Bill

The DREAM Act would provide a path to legality for persons brought illegally to the United States by their parents as children, or whose parents attempted to immigrate legally but were then denied legality after several years in application, and whose children thus derived their legal status solely from their parents (the child also becoming illegal upon the parent's denial).

To qualify, the immigrant student would have to meet certain requirements such as:

  • Proof of having arrived in the United States before reaching 16 years of age;
  • Proof of residence in the United States for a least five (5) consecutive years since their date of arrival.
  • Having graduated from an American High School, or obtained a GED.
  • "Good moral character," essentially defined as the absence of a significant criminal record (or any drug charges whatsoever).

An estimated 65,000 immigrant students who meet these requirements graduate from high school each year. pdf

Immigrants who meet the above requirements would be eligible to apply for a temporary six (6) year "conditional" residence permit which would allow them to live legally in the United States, obtain driver's licenses, attend college as in-state residents, work legally (including obtaining a social security number), and apply for special travel documents which would allow for travel outside of the country for limited amounts of time.

During the six years of conditional status, the eligible immmigrant would be required to either (1) graduate from a two-year community college, (2) complete at least two years towards a 4-year degree, or (3) serve two years in the U.S. military. After the six year period, an immigrant who meets at least one of these three conditions would be eligible to apply for legal permanent resident (green card) status. During their temporary time, immigrants would not be eligible for federal higher education grants such as Pell grants, though they would be able to apply for student loans and work study.

If the immigrant does not meet the educational or military service requirement within the six year time period, his temporary residence would be revoked and he or she would be subject to deportation. During the six years, the immigrant must not commit any crimes other than those considered non-drug related misdemeanors, regardless of whether or not they have already been approved for permanent status at the end of their six years. Being convicted of a major crime, or drug-related infraction would automatically remove the six year temporary residence status and he or she would be subject to deportation. If the immigrant meets all of the conditions at the end of the 6-year conditional period, he or she would be granted a permanent green card with the same rights as a permanent resident alien, including the right to apply for U.S. citizenship.

Bill history

A very similar version of the bill, though not yet called the "DREAM Act", was introduced during the 107th Congress in 2001, as H.R.1918 and S.1291 in the House and Senate respectively. It has been introduced in both the Senate (as the "DREAM Act") and the House (as the "American Dream Act") at various times. In the Senate: S.1545 (108th Congress), S.2075 (109th Congress) and S.774 (110th Congress). In the House: H.R.1684 (108th Congress), H.R.5131 (109th Congress) and H.R.1275 (110th Congress).

The text of the bill has also been placed in various other immigration-related bills (none yet successful), including the Comprehensive Immigration Reform Act of 2006 (S. 2611) and the Comprehensive Immigration Reform Act of 2007 (S. 1348).

Support of the Bill

Supporters of the bill have often used these arguments:

  • It would be a measure that supports education and streamlines immigration reform.
  • Eligible individuals are those who were brought to the United States without their consent by their parents and have grown up in the United States. Therefore, they should not individually be held accountable for the actions of their parents. Additionally, if the students were to be deported or forced to return to their country of origin, some would possibly become ineligible to immigrate legally on their own for ten (10) years, removing any chance of legally immigrating themselves.
  • Passage of the DREAM Act would have little impact on the numbers of undocumented immigrants in the United States. Current undocumented immigrants came to the United States when there was no DREAM Act, and the DREAM Act would only apply to those who came to the U.S. more than five years ago, so that future immigrants--and even those who came in the recent past--could not benefit from it.
  • All of the immigrants who would benefits from this bill will either be professionals with a College degree or part of the United States Armed forces.
  • It includes a pathway to citizenship for those who came here legally yet do not have a path to legalization which is often the case upon the death of a sponsoring parent.
  • It would not place the eligible students in competition for the decreasing amount of university openings against current eligible citizens as international and undocumented students are presently allowed to apply to all universities in the US.

Opposition to the Bill

Opponents of the bill have often used these arguments:

  • It would be unfair to legal immigrant families who spent large amounts of time and money to immigrate legally with their families, while those who immigrated illegally will be able to hold the same rights without having gone through the correct procedures set forth and followed by these legal immigrant and does nothing to punish the parents who initially immigrated illegally.
  • It would place the eligible students in competition for the decreasing amount of university openings against current eligible citizens.
  • It would be difficult for these former aliens to be able to afford a college education without any federal funding, so many of them would have no other option but to serve in the military before even becoming voting citizens.
  • The bill does little to fix the problem it addresses, while giving legality to nearly 55,000 aliens per year and former illegal children who are now eligible adults. It would not solve the problem for children who have not yet reached these requirements but would do so soon after the bill is signed (as one can only be eligible if one has met the requirements on the day that the bill is signed).

Current Status

Despite the apparent failure of the Comprehensive Immigration Reform Act of 2007, Senate Majority Leader Harry Reid and Richard Durbin, the second highest-ranking Democrat in the Senate, have expressed a desire for Congress to pass the DREAM Act in 2007.[1][2] Durbin has announced plans to attach the DREAM Act to the 2008 defense appropriations bill. According to the Army Times, several senior officials at the Department of Defense have spoken in favor of the DREAM Act, and specifically the bill's promise of legal status to members of the military as a means of boosting recruitment. The Army has struggled to recruit soldiers as a result of the Iraq war.[2]

References

  1. ^ Spuriell, Stephen (2007-07-10). "Death Knell for Immigration?". The Corner. National Review Online. Retrieved 2007-07-19. {{cite news}}: Check date values in: |date= (help)
  2. ^ a b Maze, Rick (2007-07-16). "Bill would grant citizenship for service". Army Times. Retrieved 2007-07-19. {{cite news}}: Check date values in: |date= (help)
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