(Development, Relief, and Education for Alien Minors = DREAM)
From National Immigration Law Center (http://www.nilc.org)
April 2006
■ What is the DREAM Act?
The DREAM Act is bipartisan legislation pending in the U.S. Congress that addresses the situation faced by young people who were brought to the U.S. years ago as undocumented immigrant children but who have since grown up here, stayed in school, and kept out of trouble.
In the Senate the DREAM Act is also known as the Development, Relief, and Education for Alien Minors Act (S 2075). It was introduced in late 2005 by Richard Durbin (D-IL), Chuck Hagel (R-NE), and Richard Lugar (R-IN). In the House it is called the American Dream Act (HR 5131), and it was introduced earlier this year by Lincoln Diaz-Balart (R-FL), Howard Berman (D-CA), and Lucille Roybal-Allard
(D-CA).
■ What are the requirements?
To qualify for immigration relief under the DREAM Act, a student must have been brought to the U.S. more than 5 years ago when he or she was 15 years old or younger and must be able to demonstrate good moral character. Under the DREAM Act, once such a student graduates from high school, he or she would be permitted to apply for conditional status, which would authorize up to 6 years of legal residence. During the 6-year period, the student would be required to graduate from a 2-year college, complete at least 2 years toward a 4-year degree, or serve in the U.S. military for at least 2 years. Permanent residence would be granted at the end of the 6-year period if the student has met these requirements and has continued to maintain good moral character. The DREAM Act would also eliminate a federal provision that discourages states from providing in-state tuition to their undocumented immigrant student residents, thus restoring full authority to the states to determine state college and university fees.
■ Why is the DREAM Act needed?
Each year about 65,000 U.S.-raised students who would qualify for the DREAM Act’s benefits graduate from high school. These include honor roll students, star athletes, talented artists, homecoming queens, and aspiring teachers, doctors, and U.S. soldiers. They are young people who have lived in the U.S. for most of their lives and desire only to call this country their home. Even though they were brought to the U.S. years ago as children, they face unique barriers to higher education, are unable to work legally in the U.S., and often live in constant fear of detection by immigration authorities.
Our immigration law currently has no mechanism to consider the special equities and circumstances of such students. The DREAM Act would eliminate this flaw. It is un-American to indefinitely and irremediably punish them for decisions made by adults many years ago. By enacting the DREAM Act, Congress would legally recognize what is de facto true: these young people belong here.
Congress and the president are now engaged in a contentious and complex struggle to bring our immigration laws up to date. It is not clear what the outcome of these battles will be or how long they will last. What is clear is that the young people at issue should not be asked to wait until the conclusion of the immigration wars. Rather, they should be taken off of the field of battle.
DREAM Act students should be allowed to get on with their lives. The DREAM Act was first proposed in 2001. The potential beneficiaries who were 17 or 18 years old then are now 22 or 23. Further delay is intolerable. If Congress fails to act this year, another entire class of outstanding, law-abiding high school students will graduate without being able to plan for the future, and some will be removed from their homes to countries they barely know. This tragedy will cause America to lose a vital asset: an educated class of promising immigrant students who have demonstrated a commitment to hard work and a strong desire to be contributing members of our society.
■ Status of the DREAM Act
Support for the DREAM Act has grown each year since it was first introduced in 2001 during the 107th Congress. By the end of 2002, it had attracted 18 cosponsors. In the 2003–04 108th Congress, the DREAM Act passed the Judiciary Committee by a 16-3 vote, garnered 48 cosponsors, and was the only major immigration reform proposal reported to the Senate floor. The House version of the DREAM Act was initially introduced with only 3 cosponsors in 2001. It had 63 Republican cosponsors by the end of 2002, and 152 Republicans and Democrats had signed on by the adjournment of the 108th Congress — more than one-third of all members. This year, the DREAM Act passed the Senate Judiciary Committee by a voice vote as an amendment to comprehensive immigration reform, and by all indications it would pass either chamber if brought up for a vote, but thus far the congressional leadership has not seen fit to bring it up for a vote. The question is how much longer DREAM Act students must wait before Congress and the president decide to act.
For More Information, See http://www.nilc.org/immlawpolicy/DREAM/index.htm, which includes a list of organizations that support the DREAM Act, tuition charts, economic benefits, and more.
