The Dream Act
(Development, Relief, and Education for Alien Minors)
Overview
The DREAM Act is a legislative proposal that was first introduced in the Senate on August 1, 2001 by Dick Durbin and Orrin Hatch.
This bill would provide a conditional permanent residency to immigrants who has shown good moral characters, graduated from U.S. high schools, arrived in the United States as minors, and lived in the U.S. consecutively for at least five years before to the bill’s enactment.
Immigrants who have completed two years in the military or at a four-year college institution will be granted a temporary residency for six years.
Within the six-year period, they may qualify for permanent residency if they...
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Have acquired a degree from an institution of higher learning
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Have completed at least 2 years in a bachelor's degree or higher degree program in the U.S in good standing.
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Have served in the armed services for at least 2 years and received an honorable discharge if discharged.
Qualifications
l DREAM Act beneficiaries must:
Not have entered the United States on a non-immigrant Visa.
Have proof of having arrived in the United States before age 16.
Have proof of residence in the United States for at least five consecutive years since their date of arrival.
If male, have registered with the Selective Service.
Be between the ages of 12 and 35 at the time of bill enactment.
Have graduated from an American high school, obtained a GED, or been admitted to an institution of higher education.
Been a person of “good moral character”, as determined by the Department of Homeland Security, from the date the individual initially entered the U.S.
Submitted biometric information
Underwent security and law-enforcement background checks
Underwent a medical examination
Registers for the Selective Service
Eligibility for conditional non-immigrant status by specifically excluding anyone who has done the following
Has committed one felony or three misdemeanors
Is likely to become a public charge
Has engaged in voter fraud or unlawful voting
Has committed marriage fraud
Has abused a student visa
Has engaged in persecution
Poses a public health risk
The Proceeding Process
Conditional Permanent Resident
After this six-year period, those who meet at least one of the three conditions would be eligible to apply for permanent resident status. During this six-year conditional period, they would not be eligible for federal higher education grants such as Pell grants. However, they would be able to apply for student loans and work-study. If they have met all of the conditions at the end of the 6-year conditional period, they would be granted permanent residency, which would eventually allow them to become U.S. citizens.
Conditional Non-Immigrant
They have the chance to earn resident status after two years of residency and only if he or she meets the DREAM Act's college or military service requirements, pays back taxes and demonstrates the ability to read, write, and speak English and demonstrates knowledge and understanding of the fundamentals of U.S. history, principles, and its government.
Illegal Immigrants
In addition to the temporary Residency, illegal immigrant students who qualified would also be entitled to apply for student loans and work study, but would not be eligible for Pell grants. In certain circumstances, the person could lose temporary immigration residency if he or she did not meet the educational or military service requirement within the six-year time period or if they committed any crimes regardless of whether or not they had already been approved for permanent status at the end of their six years.
If an individual were convicted of a major crime or drug-related infraction, (except for a single offense of possession of 30 g or less of marijuana) they would automatically lose the six-year temporary residence status and be immediately subject to deportation.
Concerns
Individuals under the DREAM Act...
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would have very limited ability to sponsor family members for U.S. citizenship.
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could never sponsor extended family members and could not begin sponsoring parents or siblings for at least 12 years.
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Parents and siblings who entered the U.S. illegally would have to leave the country for ten years before they could gain resident status. Conditional non-immigrants also would be ineligible for Medicaid, Affordable Care Act, food stamps and other programs. An individual would be required to apply for conditional nonimmigrant status within one year of obtaining a high school degree or GED, being admitted to college, or the bill's date of enactment.
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The DREAM Act will not prevent individuals from deportation.
Opinions
Supporters argue that the Act would not create an "amnesty program" and would produce a variety of social and economic benefits
Critics contend that it would reward illegal immigration and encourage more of it, inviting fraud and shielding gang members from deportation. Opponents of the DREAM Act argue that it encourages, attracts more illegal immigrants, and creates a chain migration by family members.The Center for Immigration Studies has raised concerns that it would admit individuals who have already formed their identities overseas (people who arrived up to age 16), illegal immigrants up to age 35 are allowed to obtain legal residence through, and will shield gang members from deportation.
Voting Progress
By November 2013, 15 states (Texas, California, Illinois, Utah, Nebraska, Kansas, New Mexico, New Jersey, New York, Washington, Wisconsin, Massachusetts, Maryland, Minnesota, and Oregon) have their own versions of the DREAM Act that deals with tuition prices and financial aid for state universities.
The Maryland DREAM Act was approved by state-wide ballot, winning 59% of the vote on November 6, 2012.
Members of Congress have introduced several forms of this bill in both the House of Representatives and the Senate. Members in the House passed one of the bills on December 8, 2010 by a vote of 216-198.