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DREAM Act

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The Development, Relief and Education for Alien Minors Act (The "DREAM Act") is a piece of proposed federal legislation in the United States that was first introduced in the United States Senate on August 1, 2001[1] and most recently re-introduced there and the United States House of Representatives on March 26, 2009. This bill would provide certain illegal and deportable alien students who graduate from US high schools, who are of good moral character, arrived in the U.S. illegally as minors, and have been in the country continuously and illegally for at least five years prior to the bill's enactment, the opportunity to earn conditional permanent residency if they complete two years in the military or two years at a four year institution of higher learning. The students would obtain temporary residency for a six year period. Within the six year period, a qualified student must have "acquired a degree from an institution of higher education in the United States or [have] completed at least 2 years, in good standing, in a program for a bachelor's degree or higher degree in the United States," or have "served in the uniformed services for at least 2 years and, if discharged, [have] received an honorable discharge."[2] Military enlistment contracts require an eight year commitment, with active duty commitments typically between four and six years, but as low as two years.[3][4] "Any alien whose permanent resident status is terminated [according to the terms of the Act] shall return to the immigration status the alien had immediately prior to receiving conditional permanent resident status under this Act." [5]

Background

Illegal aliens can only obtain permanent residency status through their parents. Aside from special provisions for unaccompanied minors[6] there is no independent method to accomplish this. Normally a child brought into the country illegally without an immigration visa would have to first leave the US to apply for a visa although returning to their country of birth would not guarantee a path to a visa. Attempts to return legally are often difficult, with roadblocks such as three-year to ten-year bans on reentering the U.S.[7]

Members of Congress have introduced several forms of this bill in both the House of Representatives and the Senate. Members in the House have not brought the bill to a floor vote as a stand-alone bill; Senators debated a version of the DREAM Act S.2205 on September 21, 2010. The bill, which required 60 votes to gain cloture, failed on a 52-44 vote, 8 votes short of overcoming a filibuster by senators opposed to the bill.[8]

The United States military faced challenges in enlistment, which in 2005 were described as a "crisis",[9] though the economic downturn of 2007-2010 did away with many of the enlistment challenges. Immigrants who do not have a "green card" are not allowed to enlist. Several senior officials at the Department of Defense have spoken in favor of promising legal status to members of the military as a means of boosting recruitment.[10] In fact, passage of the Dream Act is one of the Department of Defense's official goals for helping to maintain “a mission-ready, all-volunteer force.” [11]

Description

Under the 2009 version of the senate bill [12] DREAM Act beneficiaries must:

  • Have proof of having arrived in the United States before age 18.
  • Have proof of residence in the United States for a least five consecutive years since their date of arrival, compliance with Selective Service.
  • Be between the ages of 12 and 30 at the time of bill enactment.
  • Have graduated from an American high school, obtained a GED, or has been admitted to an institution of higher education.
  • Be of "good moral character"[13]

During the first ten years, qualifying illegal immigrants would be granted "conditional" status and would be required to (a) graduate from a two-year community college or complete at least two years towards a 4-year degree or (b) serve two years in the U.S. military. After this six year period, those who meet at least one of these three conditions would be eligible to apply for legal permanent resident status. During this six year conditional period, they would not be eligible for federal higher education grants such as Pell grants but they would be able to apply for student loans and work study.[14]

If the illegal immigrants did not meet the educational or military service requirement within the six year time period, their temporary residency would be revoked and they could be deported. They also 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 they would be subject to deportation.[citation needed]

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.

An estimated 65,000 illegal immigrant students[15] graduate from high school each year.[16] However, it is not known how many of those were eligible go on to complete the further requirements. It is estimated that only 7,000–13,000 college students nationally can fulfill the further obligations.[17]

The bill also restores the option for states to determine residency for purposes of higher education benefits by repealing Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 (8 U.S.C. 1623).[12] The majority of states interpret this provision as disqualifying illegal immigrant students from certain higher education benefits such as in-state tuition rates.[18] Some states have enacted laws aimed at making unauthorized state residents eligible for in-state tuition rates without violating this IIRIRA provision.[19] However, some students paying out-of-state tuition have filed lawsuits in these states, claiming state education officials violated this federal law.[20] Repealing this provision would provide states the ability to choose their own residency requirements for higher education benefits.

Legislative history

A very similar version of the bill, though never 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), S.774 (110th Congress), and S.2205 (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 was also placed in various other failed immigration-related bills, including the Comprehensive Immigration Reform Act of 2006 (S. 2611) and the Comprehensive Immigration Reform Act of 2007 (S. 1348). With the failure of the "comprehensive reform" bills, Richard Durbin, the chief proponent of the DREAM Act in the Senate, made its passage a top priority for 2007.[21][22]

In September 2007, Durbin filed to place the DREAM Act as an amendment to the 2008 Department of Defense Authorization Bill (S. 2919). However, three key points were commonly cited in opposition to the DREAM Act. First, there was a misconception that the bill required states to give in-state tuition to the beneficiaries of the DREAM Act when it only removed ambiguity in a state's right to offer in-state to certain illegal immigrant students; states would not be forced to offer in-state tuition.[23] Second, the legislation did not include an age cap. Finally, the amendment was regarded by opponents as non-germane to defense matters despite the military provision.

In light of the criticism, Durbin tabled the amendment in favor of a rewritten DREAM Act amendment to the Defense Bill. In consideration of their opponents, all language regarding in-state tuition was removed from the amendment and an age cap of 30 was put in place for potential beneficiaries.[23] Military leaders embraced the bill, which included the promise of legal status to members of the military, as a means of boosting recruitment.[24] Nevertheless, the amendment was not brought up for a vote.

On October 18, 2007, Durbin, along with Republican co-sponsors Charles Hagel and Richard Lugar, introduced the DREAM Act as S.2205. Though nearly identical to the revised amendment to the Defense Bill, opponents continued to cite previous arguments. In order to bring forth the DREAM Act for debate, a vote was scheduled on October 24 that would require a "filibuster proof" count of 60 yes votes, but this was not obtained.[25]

Senate opponents cited a variety of reasons for their opposition. Some labeled the DREAM Act as amnesty that would only encourage further illegal immigration. Others stated that the DREAM Act, though worthy legislation, should only be enacted as part of a comprehensive immigration reform. In light of the Senate’s failure to successfully pass a single appropriations bill, some Senators stated that the DREAM Act was a distraction to more pressing matters and should rather be considered in January 2008. Finally, debate emerged as to the amendment process for the DREAM Act, specifically, how willing the Democratic leadership would be in allowing debate of Republican amendments.

In a surprise move, Sen. Kay Bailey Hutchison, who had previously stated that she would oppose consideration of the DREAM Act, announced on the Senate floor that she had expressed reservations to Durbin and he had made a verbal commitment to work with her to make changes that she saw necessary to garner greater Republican support. In response, Durbin announced that the first amendment that would be considered, should debate of the DREAM Act begin, would completely re-write the bill in favor of the language that Hutchison suggested. According to her suggestions, illegal immigrant students should be allowed to hold a temporary student visa with a renewable work permit instead of conditional permanent residency. Although 52 Senators voted in favor of considering the DREAM Act, this fell eight votes short of breaking filibuster and the legislation was not considered.[23]

Senate Majority Leader Harry Reid, (D-NV) announced on September 14, 2010 that the DREAM Act would be included as an amendment to the National Defense Authorization Act for Fiscal Year 2011.[26]

2009 re-introduction

The act was re-introduced in both chambers of Congress on Thursday, March 26, 2009, during the 111th Congress. Introducing the bill were Senators Dick Durbin (D-IL), Richard Lugar (R-IN), Harry Reid (D-NV), Mel Martinez (R-FL), Patrick J. Leahy (D-VT), Joseph Lieberman (I-CT), Edward M. Kennedy (D-MA), and Russel D. Feingold (D-WI)[27] and U.S. Representative Howard Berman (D-CA). To date, 128 representatives[28] and 39 senators[27] (not including former Senator Edward Kennedy) co-sponsored the bill.

Under this version of the DREAM Act, immigrants could qualify in part, by meeting the following requirements:

  • Must be between the ages of 12 and 35 at the time the Law is enacted
  • Must have arrived in the United States before the age of 16
  • Must have resided continuously in the United States for at least five (5) consecutive years since the date of their arrival
  • Must have graduated from a U.S. High School, or obtained a General Education Diploma GED
  • Must have "Good moral character"

In addition to the temporary Residency, illegal immigrant students who qualified would also be entitled to apply for student loans and work study but they would not be eligible for Pell grants.

In certain circumstances, the illegal immigrant may lose temporary immigration Residency. This may occur if the illegal immigrant does not meet the educational or military service requirement within the six year time period or if they 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. If an illegal immigrant is convicted of a major crime, or drug-related infraction, (except for a single offense of possession of 30 grams or less of marijuana) he or she would automatically lose the six year temporary residence status and be immediately subject to deportation.[29]

2010

The 111th Congress continued to consider the DREAM Act bill throughout 2010. S.3992, a new version of the DREAM Act, includes numerous changes to address concerns raised about the bill. Among other things, S. 3992:

  1. Does not repeal the ban on in-state tuition for undocumented immigrants. The DREAM Act would not allow undocumented immigrants to receive in-state tuition. The DREAM Act also continues to prohibit students from obtaining Pell and other federal grants.
  2. Lowers the age cap for eligibility for the DREAM Act to 29 on the date of enactment. Additionally, in order to be eligible, individuals still must have come to the U.S. as a child (15 or under) and be a long-term resident (at least 5 years). An earlier version of the DREAM Act (S. 1545 in the 108th Congress), authored by Republican Senator Orrin Hatch and cosponsored by Senator John McCain, did not include any age cap. This bill was approved by the Republican-controlled Senate Judiciary Committee on a 16-3 vote.
  3. Does not grant legal immigrant status to anyone for at least 10 years. Previous versions of the DREAM Act would have immediately granted legal immigrant status to individuals who met the bill’s requirements. Under S. 3992, an individual could obtain “conditional nonimmigrant” status if he proves that he meets the age (currently 29 or under and arrived in the U.S. at 15 or under) and residency requirements (5 years or more) and:
    1. Has graduated from an American high school or obtained a GED;
    2. Has 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. (previous versions of the DREAM Act only required an individual to be a person of good moral character from the date of the bill’s enactment);
    3. Submits biometric information;
    4. Undergoes security and law-enforcement background checks;
    5. Undergoes a medical examination; and
    6. Registers for the Selective Service.
  4. Further limits eligibility for conditional nonimmigrant status by specifically excluding anyone who:
    1. Has committed one felony or three misdemeanors;
    2. Is likely to become a public charge;
    3. Has engaged in voter fraud or unlawful voting;
    4. Has committed marriage fraud;
    5. Has abused a student visa;
    6. Has engaged in persecution; or
    7. Poses a public health risk.
  5. Gives a conditional non-immigrant the chance to earn legal immigrant status only after 10 years and only if he meets the DREAM Act’s college or military service requirements, and other requirements, e.g., pays back taxes and demonstrates the ability to read, write, and speak English and demonstrates knowledge and understanding of the fundamentals of the history, principles, and form of government of the United States.
  6. Further limits "chain migration." DREAM Act individuals would have very limited ability to sponsor family members for U.S. citizenship. They could never sponsor extended family members and they could not begin sponsoring parents or siblings for at least 12 years. Parents and siblings who entered the U.S. illegally would have to leave the country for ten years before they could gain legal status and the visa backlog for siblings is decades long.
  7. Specifically excludes non-immigrants from the health insurance exchanges created by the Affordable Care Act. Conditional non-immigrants also would be ineligible for Medicaid, Food Stamps and other entitlement programs.
  8. Establishes a one-year application deadline. 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.
  9. Requires anyone applying for the DREAM Act to show that he is likely to qualify in order to receive a stay of deportation while his application is pending. The DREAM Act is not a safe harbor from deportation.
  10. Requires the Department of Homeland Security to provide information from an individual’s DREAM Act application to any federal, state, tribal, or local law enforcement agency, or intelligence or national security agency in any criminal investigation or prosecution or for homeland security or national security purposes.
  11. Places the burden of proof on a DREAM Act applicant. An individual would be required to demonstrate eligibility for the DREAM Act by a preponderance of the evidence.

(Additionally, individuals would continue to be excluded if they have received a final order of deportation, have engaged in criminal activity (as defined by the Immigration and Nationality Act), or present a national security or terrorist threat.)

The DREAM Act, along with a repeal of Don't Ask, Don't Tell, was incorporated into the National Defense Authorization Act for the Fiscal Year 2011. On September 21, 2010, the Senate filibuster of the bill by all Republican senators and one Democrat was maintained in a 56-43 vote; it would have taken 60 votes to stop the filibuster and continue the progress of the bill.[30]

On September 22, 2010, Durbin introduced the bill once again along with Richard Lugar. Only two senators cosponsored the bill and it was defeated again.[31] Less than a month later, on November 16, President Barack Obama and top Democrats pledged to introduce the Dream Act into the House by November 29th.[32]

On December 08, 2010, the Dream Act has been passed in the House. The Senate is scheduled to vote on the legislation on Thursday, December 8th, 2010. Sen. Harry Reid (D-Nevada), majority leader, is not expected to have the 60 votes needed for passage.[33]

References

  1. ^ http://rs9.loc.gov/cgi-bin/bdquery/z?d107:SN01291:@@@L&summ2=m& Bill Summary & Status 107th Congress (2001 - 2002) S.1291
  2. ^ http://thomas.loc.gov/cgi-bin/bdquery/z?d108:S.1545: Senate Version, Section 5(d)
  3. ^ DD Form 4, Enlistment/Reenlistment Document - Armed Forces of the United States, October 2007
  4. ^ Enlistment Contracts and Enlistment Incentives
  5. ^ http://thomas.loc.gov/cgi-bin/bdquery/z?d108:S.1545: Senate Version, Section 5(b)(2)
  6. ^ Immigrant Children - Special Immigrant Juvenile Status
  7. ^ Entry With or Without Inspection
  8. ^ U.S. Senate: Legislation & Records Home > Votes > Roll Call Vote
  9. ^ http://www.guardian.co.uk/usa/story/0,12271,1499164,00.html "US lowers standards in army numbers crisis"
  10. ^ http://online.wsj.com/article/SB119034142441734839.html?mod=googlenews_wsj Wall Street Journal "Bill Offers U.S. Citizenship for Military Service"
  11. ^ http://prhome.defense.gov/DOCS/FY2010-12%20PR%20Strategic%20Plan%20(Final%20Public)(4%20January).pdf
  12. ^ a b Library of Congress Web Site unavailable (Library of Congress)
  13. ^ What is Good Moral Character?"
  14. ^ "DREAM opportunities". Bangor Daily News. 2007-10-09. p. 6. ISSN 0892-8738. Retrieved 2009-04-03. {{cite news}}: |first= missing |last= (help)
  15. ^ http://www.labor.ucla.edu/publications/reports/Undocumented-Students.pdf
  16. ^ DREAM Act National Council of La Raza
  17. ^ http://www.nilc.org/immlawpolicy/DREAM/DREAM_Demographics.pdf
  18. ^ Lee, Y. (2006). To dream or not to dream: a cost-benefit analysis of the development, relief, and education for alien minors (DREAM) act. Cornell Journal of Law and Public Policy, 16, 231-258
  19. ^ Feder, J. (2010). Unauthorized alien students, higher education, and in-state tuition rates: a legal analysis. RS22500. Congressional Research Service.
  20. ^ Morse, A. & Bimbach, K. (2010). In-State Tuition and Unauthorized Immigrant Students. National Conference of State Legislatures. Retrieved from http://www.ncsl.org/default.aspx?tabid=13100
  21. ^ Spuriell, Stephen (2007-07-10). "Death Knell for Immigration?". The Corner. National Review Online. Retrieved 2007-07-19.
  22. ^ Maze, Rick (2007-07-16). "Bill would grant citizenship for service". Army Times. Retrieved 2007-07-19.
  23. ^ a b c Library of Congress Web Site unavailable (Library of Congress)
  24. ^ Montgomery, Dave (2007-10-23). "Senate to vote on whether to take up limited immigration bill". Knight Ridder Tribune News Service: 1. Retrieved 2009-04-03.
  25. ^ DREAM Act: NILC statement on October 24 Senate vote
  26. ^ The DREAM Act will be Included in Defense Authorization Bill According to Harry Reid | The News of Today
  27. ^ a b Library of Congress Web Site unavailable (Library of Congress)
  28. ^ Library of Congress
  29. ^ Home
  30. ^ "Senate halts 'don't ask, don't tell' repeal". CNN. September 22, 2010.
  31. ^ Library of Congress
  32. ^ Obama And Top Congressional Democrats Call For DREAM Act's Passage Before Year's End
  33. ^ "Bill Summary & Status, 111th Congress (2009 - 2010), S.3992, All Congressional Actions". Library of Congress. December 6, 2010. Retrieved December 7, 2010.

On December 08, 2010, the Dream Act has been passed in the House. The Senate is scheduled to vote on the legislation on Thursday, December 8th, 2010. Sen. Harry Reid (D-Nevada), majority leader, is not expected to have the 60 votes needed for passage.

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