The DREAM Act

The Development, Relief and Education for Alien Minors Act or the DREAM Act is a legislative proposal first introduced in the Senate on August 1, 2001 and most recently reintroduced there on May 11, 2011. Efforts have been made to pass the DREAM Act since 2001. The DREAM Act passed the full Senate in May 2006 as part of the Comprehensive Immigration Reform Act of 2006 (CIRA); however, Congress did not pass CIRA. The DREAM Act was then incorporated into the 2007 Kennedy-Kyl comprehensive immigration reform bill (S.1639) and also attached to the FY2008 Department of Defense Authorization Bill (SA.2237); however, it was not passed in either case. The DREAM Act was then introduced as a stand-alone bill in the fall of 2007, but was similarly defeated.

CAUSES: Under current immigration regulations, children who immigrate to the United States from another country can only obtain permanent status through their parents and may not independently apply for Residency. Such children are allowed to attend and complete public education, but upon graduation, are not allowed to attend college in many States. Further, without proof of legal immigration status, such children are generally not issued Driver's Licenses, Social Security cards and cannot legally work. According to statistics from the National Immigration Law Center, about 65,000 undocumented students graduate from high school each year. Despite graduating from high school, many are still denied access to higher education because of the denial of access to federal and state financial aid to undocumented students by federal immigration law.

This original legislation was proposed to provide millions of immigrant children who graduate from U.S. High Schools the opportunity to receive U.S. Residency (a "Green Card"). Under the new DREAM Act, immigrants may qualify in part, by meeting the following requirements which have not been finalized by Congress: Must be between the ages of 12 and 30 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 a 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) EFFECTS: The intent of the DREAM Act is to provide legal status and educational opportunity to those who entered the United States as minor children. provisions which are discussed in more detail herein: (1) it creates a tiered system granting legal status to unauthorized aliens who arrived in the United States before age 16; and (2) it repeals current law so as to allow public universities to grant in-state tuition to unauthorized aliens without similarly having to offer in-state tuition to certain U.S. citizens. In order to have the conditional basis of their legal permanent resident status lifted, students would have to complete one of the following requirements within six years of being granted conditional status: (1) earn a two-year degree from a U.S. institution of higher education The DREAM Act has two major Must have "Good moral character" (no criminal convictions)

or finish at least two years of a bachelors degree program; or (2) serve in the U.S. Armed Forces for at least two years, and, if discharged, receive an honorable discharge. In addition, the DREAM Act would allow unauthorized immigrants of any age to obtain legal permanent residency if they have already completed college or military service before the enactment of the DREAM Act (and provided that they also above). Under the second major provision, the DREAM Act would encourage states to offer public financial assistance for higher education to immigrants without legal status. In addition, the DREAM Act would allow eligible applicants to obtain student loans, to participate in work study programs, and to access non-cash services such as tutoring or child care. Oppositors of the DREAM Act surmise that given the low income of illegal immigrants, most can be expected to attend state schools, with a cost to taxpayers in the billions of dollars. As both funds and slots are limited at state universities and community colleges, the act may reduce the educational opportunities available to U.S. citizens. The following are some arguments posited by oppositors of the DREAM Act: meet the seven prerequisites

Any hoped-for tax benefit is in the long-term, and will not help public institutions deal with the large influx of new students the act creates in the short-term. Given limited spaces at public institutions, there will almost certainly be some crowding out of U.S. citizens reducing their lifetime earnings and tax payments. The DREAM Act only requires two years of college; no degree is necessary. The income gains for having some college, but no degree, are modest. Because college dropout rates are high, many illegal immigrants who enroll at public institutions will not complete the two years the act requires, so taxpayers will bear the expense without a long-term benefit.