DREAM Act Reintroduced
Posted Mar 09, 2007
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The Development, Relief, and Education for Alien Minors Act (DREAM Act) was reintroduced as proposed legislation, or a bill, in the U.S. House of Representatives at the end of February 2007. This bill addresses the situation faced by many students, brought into the U.S. many years ago by their parents or other relatives as undocumented immigrant children. These people have stayed out of trouble, have been consistently attending school, and assimilated into life in the United States. As these promising young people graduate from high school, they are often unable to obtain higher education, they are not authorized to work legally in the U.S., and they live in constant fear of detention by immigration enforcement authorities.
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History of the DREAM Act
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The DREAM Act was first introduced in 2001. It was first brought to the attention of MurthyDotCom and MurthyBulletin readers in our August 16, 2002 article, Senate Judiciary Committee Approves DREAM Act. Since 2002, at least four versions of the bill have been introduced in Congress. Unfortunately, each of them has failed. Last year, in the 109th Congress, it passed the full Senate in May 2006 as part of the Comprehensive Immigration Reform Act of 2006. Because that legislation was not enacted, however, the DREAM act is starting from the beginning in this, the 110th Congress.
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Arguments for the DREAM Act
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Each year many undocumented children graduate from U.S. high schools. These are the children who may be eligible for the benefits under the DREAM Act. Under current immigration laws, and through no fault of their own, many of these talented, promising young people are unable to pursue careers because of a lack of immigration status. This does not benefit the U.S., as it eliminates a readily available, proven talent pool of individuals who could become highly qualified doctors, engineers, artists, teachers, nurses, or enter countless other professions to which they aspire. The DREAM Act would provide an avenue for these youngsters to pursue their educational goals and, ultimately, become rightful citizens and productive contributors to this great country.
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The legislature has long been struggling with the task of bringing the U.S. immigration laws up to date and engaging in a war over the Comprehensive Immigration Reform Act. While the enactment of the Comprehensive Immigration Reform Act is certainly of high importance, there are some groups, like the students who would benefit under the DREAM Act, who simply cannot wait for its completion. The DREAM Act is exactly the piece of legislation that would allow for a far-reaching solution for these young graduates, even without the enactment of the Comprehensive Immigration Reform Act.
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What are the Potential Benefits under the DREAM Act?
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If enacted, the DREAM Act would have a life-changing effect on qualifying immigrants. Most importantly, it would provide a path to future lawful permanent residence. Eligible students would be granted conditional permanent resident status limited to six years. They would be able to work, drive, attend school, and travel abroad for short periods. At the end of the six-year period in conditional permanent resident status, eligible students would be granted regular permanent resident status, if they maintained good moral character, avoided lengthy trips abroad, and fulfilled one of the following requirements: (1) graduated from a two-year college or competed at least two years towards a four-year degree; or (2) served in the U.S. armed forces for at least two years. In addition, the DREAM Act would make it more affordable to obtain higher education as it would repeal the federal law that discourages states from providing in-state tuition without regard to immigration status.
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What are the Eligibility Requirements?
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To be eligible to receive benefits under the DREAM Act, a student must be of good moral character and have been brought to the United States more than five years ago, when s/he was 15 years old or younger. The student would become eligible to apply for the benefits upon graduating from high school.
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Current Posture
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It is important to note that the DREAM Act has not become law, yet, and is only just beginning the legislative process. As explained in our August 2, 2002 article, The Legislative Process – How a Bill Becomes a Law, available on MurthyDotCom, this is a highly complex, multi-faceted process, with many steps.
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Promising – But Here's the Downside
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According to most observers, the DREAM Act has never had as great a chance of succeeding as it does at this time. This is because the current, 110th Congress is newly controlled by Democrats, who generally support this type of legislation.
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The downside or concern is that, if some legislators focus on breaking away portions of immigration legislation, the hope for Comprehensive Immigration Reform (CIR) then starts to erode. It is CIR that will help in the long run, rather than dealing with each section in a piece-meal fashion.
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Future
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We at the Murthy Law Firm will continue to watch the DREAM Act and report on any significant progress. There have been many news reports in the popular press about very bright, young students condemned to dead-end futures because their parents or others brought them to the U.S. without documentation, and never obtained any immigration benefits for these children. Should the DREAM Act becomes a part of CIR, it could afford relief to those who work hard and contribute much to the richness of American life and culture.