DREAM Act
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Illegal immigration |
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DREAM Act |
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CCIR, NIF, FIRM, WAAA |
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Naturalization Act (1795) |
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The Development, Relief and Education for Alien Minors Act (also called "The DREAM Act") is a bipartisan bill pending in the U.S. congress that would provide a path to legal status for individuals who were brought to the U.S. as undocumented children years ago but who since then have stayed in school and out of trouble. 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 residents who are undocumented. In the United States Senate, the DREAM Act is S. 774, sponsored by Sens. Richard Durbin (D-IL), Chuck Hagel (R-NE) and Richard Lugar (R-IN). In the United States House, it is H.R. 1275, and is sponsored by Reps. Howard Berman (D-CA), Lucille Roybal-Allard (D-CA), and Lincoln Diaz-Balart (R-FL).
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[edit] Description of the Bill
The DREAM Act would provide 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).
To qualify, the immigrant student would have to meet certain requirements such as:
- Proof of having arrived in the United States at 16 years of age or younger;
- 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 students who meet these requirements graduate from high school each year, including many high achievers such as class valedictorians, honors students, prize winners, and student government representatives.
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 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) attend a community college for at least two years, (2) complete at least two years towards a 4-year degree, or (3) serve two years in the U.S. military. After the 6-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 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 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 and he or she will 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 all of the same rights as any permanent resident alien, including the right to apply for U.S. citizenship.
[edit] Support of the Bill
Supporters of the bill refer to it as a measure that supports education and streamlines immigration reform. They point out that those who would benefit are often high achievers, and that they will likely remain in the U.S. most of their lives, with or without the DREAM Act. The only question is whether they will continue to live in the shadows, often unable to complete their education, or if they do manage to do so, they are unable to work in the jobs that their degrees prepare them for.
Many also cite the fact most of the eligible individuals would be children who were brought to the United States without their consent 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 young adults who have grown up in the United States, 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.
In response to the arguments of opponents, supporters point out that passage of the DREAM Act would have little impact on the numbers of undocumented immigrants who almost all come to the U.S. for jobs, to join family members, or to escape tyranny. They note that all currently undocumented immigrants came here when there was no DREAM Act, and that the DREAM Act would only apply to those who came to the U.S. more than 5 years ago, so that future immigrants--and even those who came in the recent past--could not benefit from it. They argue that immigration reform is complex and that reasonable minds can disagree about how to go about it, but that the DREAM Act is simple: until and unless the DREAM Act becomes law, young people who came to the U.S. as young as 1 or 2 years old will continue to have no mechanism to legalize their status and fully contribute to the country they call home. The deserving young people who the DREAM Act would help should be taken off of the field of battle of the immigration wars.
[edit] Opposition to the bill
Opponents of the measure argue 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 55,000 illegal children per year 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).
[edit] Previous versions
The bill was first introduced during the 107th Congress in 2001, as H.R.1918 and S.1291 in the House and Senate respectively. Since then it has be re-introduced in both the House and the Senate in various versions. In the Senate: S.1545 (108th Congress), S.2075 (109th Congress) until its current form S.774 (110th Congress). In the House: H.R.1684 (108th Congress), H.R.5131 (109th Congress) until its current form H.R.1275 (110th Congress).
