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April 2006
DREAM Act in Senate and House
DREAM Act Background
Every year an estimated 65,000 undocumented students graduate from U.S.
high schools with the dream of pursuing higher education, getting a job and contributing to our society. However, as
a result of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIIA), this dream is often unobtainable
for many of these students because they lack access to state and federal financial assistance and to in-state tuition rates
available to their U.S.-born peers, making a college education difficult to afford and limiting future job opportunities.
Many of these students have been in this country from a young age, attended public schools and excelled academically. They consider themselves Americans but, upon graduation, find that their immigration
status is valued more highly than their hard work and pursuing higher education.
The DREAM and New American Dream Acts were introduced to address this
situation and allow hard-working undocumented students to access higher education. The Development, Relief, and Education
for Alien Minors (DREAM) Act (S. 2075) and the New American Dream Act (H.R. 5131) would
eliminate the provision in the 1996 IIRIRA that discourages states from offering in-state tuition to undocumented students
and would provide an opportunity for students who meet certain requirements to apply for legal residency.
DREAM Act Status
In
the Senate:
- In November of 2005, the DREAM Act (S. 2075) was re-introduced in the Senate
by Chuck Hagel (R-NE), Richard Lugar (R-IN) and Dick Durbin (D-IL).
- It was not brought to the Senate floor for a vote, however, it was included in
the Comprehensive Reform legislation that passed out of the Senate Judiciary Committee on March 27th,
2006 and in an alternative compromise proposal offered on the Senate floor.
- Debate on immigration reform will continue in the Senate when Senators return
from recess, the week of April 24th. It is unclear whether the Senate
will pass an immigration reform bill, whether this bill will contain the DREAM Act and whether the final bill that emerges
from a conference committee between Senate and House members will contain the DREAM Act.
In the House:
- On April 6th, 2006,
Lincoln Diaz-Balart (R-FL), Howard Berman (D-CA) and Lucille Roybal-Allard (D-CA) introduced the New American Dream Act (H.R.
5131). This new House legislation is more comprehensive than previous legislation for undocumented students, known as The
Student Adjustment Act, and is essentially the same as the Senate DREAM Act.
Summary of bills
The DREAM
and New American Dream Acts would:
-
Allow states
to determine whether they should provide in-state tuition rates to those without legal status
- Allow certain undocumented students to adjust their status to become legal permanent
residents on a conditional basis for six years if they:
- entered the US
before age 16
- have been accepted into a two or four year institution of higher education or earned
a high school diploma or GED at the time they apply for relief
- reside in the US when the law is
enacted and have lived in the US for at
least five years prior to the law’s enactment
- demonstrate “good moral character
-
The student’s conditional status will be removed and he/she will become a permanent
resident (ie, greencard holder) if the student fulfills at least one of the following within six years:
- Earned a degree from an institution of higher education or maintained good standing
for at least two years in an institution of higher education while working toward a bachelor’s degree or higher
- Served in the U.S. Armed Forces for at least two years and, if discharged, received
honorable discharge
- Eligible students who have met all requirements for conditional status except for high
school graduation will be eligible for protection from deportation and granted work authorization
- Students who are in conditional status would be eligible for federal education loans
and work-study programs
Action
Write your representatives to urge them to co-sponsor the New American Dream
Act, particularly if they are Republican. If your representative is already a
sponsor or co-sponsor, thank him/her. Original sponsors and co-sponsors include: Lincoln Diaz-Balard (R-FL), Howard Berman (D-CA), Lucille Roybal-Allard (D-CA), Mario Diaz-Balart (R-FL), Ileana Ros-Lehtinen (R-FL),
Melissa Hart (R-PA), Luis Gutierrez (D-IL), Ray Lahood (R-IL), Ike Skelton (D-MO), Jim Leach (R-IA), Jane Harman (D-CA), Luis
Fortuno (R-PR), Martin Olav Sabo (D-MN).
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