DREAM Act

What is the DREAM Act?

(Development, Relief, and Education for Alien Minors Act)

The DREAM Act (Development, Relief, and Education for Alien Minors Act) is bipartisan legislation

that addresses the tragedy of young people who
grew up in the United States and have graduated from our high schools, but whose
future is circumscribed by our current immigration laws. Under current law, these
young people generally derive their immigration status solely from their parents, and if
their parents are undocumented or in immigration limbo, most have no mechanism to obtain legal
residency, even if they have lived most of their lives in the U.S. The DREAM Act would provide
such a mechanism for those who are able to meet certain conditions.

The latest version of the DREAM Act, also known as the Development, Relief, and Education
for Alien Minors Act, was introduced on May 11, 2011, in the Senate (S. 952) by Sen. Dick
Durbin (D-IL) and 32 fellow senators, and in the House of Representatives (H.R. 1842) by Reps.
Howard Berman (D-CA), Ileana Ros-Lehtinen (R-FL), and Lucille Roybal-Allard.

The DREAM Act would enact two major changes in current law:

• The DREAM Act would permit certain immigrant students who have grown up in the U.S.
to apply for temporary legal status and to eventually obtain permanent legal status and
become eligible for U.S. citizenship if they go to college or serve in the U.S. military; and
• The DREAM Act would eliminate a federal provision that penalizes states that provide in-
state tuition without regard to immigration status.

If enacted, the DREAM Act would have a life-changing impact on the students who qualify,
dramatically increasing their average future earnings—and consequently the amount of taxes they
would pay—while significantly reducing criminal justice and social services costs to taxpayers.

KEY FEATURES OF THE DREAM ACT OF 2011

Path to legal residency: Who would qualify?Under the DREAM Act, most students who came to the U.S. at age 15 or younger at least five
years before the date of the bill’s enactment and who have maintained good moral character since
entering the U.S. would qualify for conditional permanent resident status upon acceptance to
college, graduation from a U.S. high school, or being awarded a GED in the U.S. Students would
not qualify for this relief if they had committed crimes, were a security risk, or were inadmissible
or removable on certain other grounds. Under the Senate bill qualifying students must be under
age 35, whereas under the House bill they must be under age 32.Conditional permanent resident status

Conditional permanent resident status would be similar to lawful permanent resident status,
except that it would be awarded for a limited duration—six years under normal circumstances—
instead of indefinitely.

Students with conditional permanent resident status would be able to work, drive, go to school,
and otherwise participate normally in day-to-day activities on the same terms as other Americans,
except that generally they would not be able to travel abroad for lengthy periods and they would
not be eligible for Pell Grants or certain other federal financial aid grants. They would, however,
be eligible for federal work study and student loans, and states would not be restricted from
providing their own financial aid to these students. Time spent by young people in conditional
permanent resident status would count towards the residency requirements for naturalization.

Requirements to lift the condition and obtain regular lawful permanent resident status

At the end of the conditional period, unrestricted lawful permanent resident status would be
granted if, during the conditional period, the immigrant had maintained good moral character,
avoided lengthy trips abroad, and met at least one of the following criteria:

• Graduated from a two-year college or certain vocational colleges, or studied for at least two
years toward a B.A. or higher degree, or
• Served in the U.S. armed forces for at least two years.

The six-year time period for meeting these requirements would be extendable upon a showing
of good cause, and the U.S. Department of Homeland Security would be empowered to waive the
requirements altogether if compelling reasons, such as disability, prevent their completion and if
removal of the student would result in exceptional and extremely unusual hardship to the student
or to the student’s spouse, parent, or child.

In-state tuition: Restore state option

The DREAM Act would also repeal section 505 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA), which currently discourages states from
providing in-state tuition or other higher education benefits without regard to immigration status.
Under section 505, states that provide a higher education benefit based on residency to
undocumented immigrants must provide the same benefit to U.S. citizens in the same
circumstances, regardless of their state of residence.

Since section 505 became law, twelve states have enacted laws permitting anyone, including
undocumented immigrants, who attended and graduated from high school in the state to pay the
in-state rate at public colleges and universities. The twelve states are California, Illinois, Kansas,
Maryland, Nebraska, New Mexico, New York, Oklahoma, Texas, Utah, Washington, and
Wisconsin. These states all pay the section 505 penalty by providing the same in-state discount
rate to current residents of other states who previously went to high school and graduated in the
state. The DREAM Act would repeal this penalty. This would not require states to provide in-
state tuition to undocumented immigrants, but rather would restore this decision to the states
without encumbrance.

National Immigration Law Center/  http://www.nilc.org