DREAM Act
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The Development, Relief and Education for Alien Minors Act (colloquially known as "The DREAM Act") is a bill proposed in the United States Senate by Sens. Orrin Hatch (R-UT) and Richard Durbin (D-IL) that proposes the repeal of Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which would remove responsibility for illegal immigrants brought to the United States as children by their parents without their own consentual decision to immigrate in such a manner, and give the Attorney General of individual states the right to determine who will qualify for in-state tuition.
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[edit] Description of the Bill
The bill would allow for a path to legality for persons who were 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).
Immigrants who qualify will have to meet certain requirements such as:
- Proof of having arrived in the United States prior to age 16, and having never left the United States since.
- Having had graduated from an American High School, or obtained a GED without having dropped out, failed out, or been expelled from an American High School (thus, students who gained a GED without having ever attended high school).
- Must have a clean criminal record with nothing more than minor infractions, none of which may be drug related regardless of how minor.
- Have the ability to speak and write in a proficient level of English.
- Be able to submit concrete documentation proving their prescence in the United States for a least five (5) consecutive years since their date of arrival.
- Be between the ages of 12 and 21 at the time of the signing of the bill (ineligible before their 12th and after their 22nd birthday).
Immigrants who meet these requirements may then apply for a temporary six (6) year residence permit which will allow them to live legally in their state of residence, allowing them to 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 allow for travel outside of the country for no more than two (2) months.
During these six years, the eligible immmigrant must then either enroll in an institute of higher education and attend it for 730 days (two years) maintaining a successful grade average and acceptable code of conduct (for example, failing a semester will remove the number of the days the semester is worth in the count towards the 730 days), or the immigrant must serve 730 days (two years) actively and honorably in a branch of the US Military (they will be given the same rights as legal permanent residents). Upon achieving the 730 days, the immigrant may then apply for legal permanent resident (green card) status. Once approved, the immigrant will receive an approval notice, but will not gain the legal permanent status until the end of the six years. They will instead continue to live under the temporary circumstances until their six years have finished and, upon this, will then be automatically granted the legal permanent status they achieved earlier if they have already been approved for it. During their temporary time, immigrants will not be eligible for public grants or any sort of public financial aide and will not be considered permanent residents in terms of public definition of one but will instead have the same rights as legal immigrants who are waiting for their immigration processes to go through, having rights to a work permit, driver's license, and in-state tuition, as well as a travel document but no formal acknowledgement of their permanent status.
If the immigrant does not meet the 730 day requirement within the six year time period, his temporary residence will be revoked and he or she will be subject to deportation. During the six years, the immigrant must not commit any crimes other than those considered non-drug related minor infractions, regardless of whether or not they have already been approved for permanent status at the end of their six years. Being convincted of a major crime, or drug-related infraction will automatically remove the six year temporary residence status to the immigrant and he or she will be subject to deportation and lose their immigrant rights. Once the immigrant has achieved the two year requirement and the six year waiting period has ended, he or she will receive a permanent green card and be given all the same rights of any permanent resident alien. The six years that the immigrant is granted temporary status will be counted towards the five year requirement to become a United States citizen.
The bill will only be available to those who meet the requirements at the moment the bill is signed, not those who once met the requirment and are no longer eligible, or those will meet the requirements in the future. One must have already met the requirements and not yet aged out on the day the bill is signed.
[edit] Support of the Bill
Supporters of the bill refer to it as a measure that supports education and streamlines immigration reform. Many also cite the fact most of the eligible will be children who were brought to the United States without their consentual will by their parents, have grown up in the United States, assimilated to the culture, speak English, have not committed crimes, and wish only to better themselves and their communities. It is often felt that these children were taken too young from their countries of origin to consider themselves part of that culture and/or nationality, and thus, will be driven into a life of despair if forcibly removed from what they have considered their home for a majority of their lives. It is also often cited that these children did not have the opportunity to decide to come to the United States illegally and should not individually be held accountable for the irresponsible actions of their parents. It is also often considered unfair that these children and eligible adults, if deported or forced to return to their country of origin, will become ineligible to immigrate legally on their own for ten (10) years, removing any chance of legally immigrating themselves. It is assumed that only about 850,000 current illegal immigrant children and adults are eligible for this bill. Supporters mostly counter the claims that the bill is unfair to legal immigrant children with the notion that the six year waiting period will place those eligible in the current six year waiting line for green cards, thus, all persons who legally immigrated at the moment the bill is signed will be ahead of those eligible in terms of legality.
[edit] Opposition of the bill
Opponents of the measure propose that it unfairly rewards illegal immigration and does nothing to punish the parents who initially immigrated illegally, and who should have thought of their children before doing so. Opponents also fear that this act will place the eligible students in competition for the decreasing amount of university openings against current eligible citizens, especially in the field of nursing. Many other opponents express their concern that the bill will be unfair to legal immigrant families who spent large amounts of time and money to immigrate legally with their families, while those who immigrated illegaly will be able to hold the same rights without having gone through the correct procedures set forth and followed by these legal immigrant. Many others feel that the bill does nothing to fix the problem it addresses, while giving legality to nearly 1 Million eligible illegal children and former illegal children who are now eligible adults, it will not fix the problem for children who have not yet reached these requirements but will 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). Some supporters of the notion oppose the current state of the bill because it does not address those who have met the requirements but are aged 22 or older, as they are left without any form of similar legal recourse despite having had to deal with the status for a longer period of time than those eligible. These opposers will support the bill if the highest age requirement is raised to a higher age or removed entirely. Opponents of raising the age feel that after age 22, the immigrant should become fully liable for continuously remaining in the country illegaly and should not be considered the same as when they were children and had no control over these decisions.
