DREAM Act
ICHIA
In addition
to efforts to move a comprehensive immigration reform bill forward in Congress, many other bills have been introduced to address
particular issues facing immigrants. All have been introduced in previous Congresses, but none has ever received floor
consideration on its own, despite significant numbers of co-sponsors. Advocates again are trying to build support for
the bills on their own in hope that they will be included in other "must-pass" legislation this year.
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 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 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, dreams, and desire to contribute.
About the Legislation
Virtually identical to previous legislation, the DREAM (Development, Relief, and Education for Alien Minors) Act of
2007 (S. 774) and the American Dream Act (H.R. 1275) would reduce the barriers to higher education that undocumented students
face and also provide them with the opportunity to apply for legal residency if they meet certain requirements.
Specifically the legislation would:
- Repeal the
provisions (Section 505) in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 that discourage states
from offering in-state tuition to undocumented students. The right of states in to determine the criteria
for higher education benefits for state residents would be restored.
- Provide undocumented
students meeting certain requirements an opportunity to earn legal status and eventually U.S. citizenship. Students
meeting the requirements will be granted conditional status for 6 years. This conditional status will be removed
and permanent residency granted if, during the 6 years, the student earns a degree from or maintains good standing for at
least two years at an institution of higher education (while working toward a degree) or if the student serves in the U.S. Armed Forces for at least two years (and if discharged, receives an
honorable discharge). The requirements include:
- Age:
Students must have entered the U.S. before Age 16
- Academics: At the time of application for relief, a student must have been accepted to a
two or four year institution of higher learning or have earned a high school diploma or GED.
- Residency: Students must be living in the U.S. at the time the law is enacted and must have
lived in the U.S. for at least 5 years prior to the law's enactment.
- Good
Moral Character: Students must demonstrate "good moral character"
as defined in immigration law and have no criminal record.
- Provide students
12 and older (who meet all the requirements listed above, except for high school graduation) protection from deportation and
work authorization.
- Grant students
who have adjusted their immigration status (including those still in the conditional period) eligibility for federal education
loans and work-study programs.
Status of Legislation
Introduced
in March, both the House (H.R. 1275) and Senate (S. 774) bills have bipartisan support (click the bill numbers for a list of co-sponsors. The House bill has also
been incorporated into the STRIVE Act, the broader immigration bill that has been introduced in the House. DREAM was
included in last year's comprehensive immigration bill in the Senate (S. 2611), but no comprehensive bill has been introduced
yet in the Senate this year.
The National Advocacy Center
strongly supports DREAM legislation, believing that hard-working and talented immigrant students should not be punished because
of their immigration status, for which they are not to blame. These students are already making incredible contributions
to our society and to deny them access to higher education and opportunity ignores their incredible potential and relegates
them to second-class citizenship and low-paying jobs insufficient for supporting themselves.
We hope that,
if the 110th Congress passes comprehensive immigration legislation, the DREAM Act will be included in it. However, we strongly
believe that this legislation deserves to pass on its own merits and encourage all Good Shepherd Advocates to contact their
Senators and Representatives and urge them to co-sponsor the bills!
Links For More Information
National Council of La Raza
National Immigration Law Center
ICHIA - The Immigrant Children's Health Improvement Act
Background
Since the passage
of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, also know as welfare reform, lawful permanent residents' access to public benefit programs has been severely restricted. The
legislation created a complex system limiting eligibility for federal “safety net” programs based on date of arrival
in the country and prohibiting most lawful permanent residents from receiving Food Stamps, TANF, Child Care, Medicaid, and
SCHIP for several years. These immigrants have come to the U.S. legally, pay taxes, and contribute to society, yet they are unable to access critical safety net programs.
One of the
key features of the new restrictions was that immigrants arriving after PRWORA’s passage were barred from access to
ANY public benefits for their first five years in the country. States were
also prohibited from using federal funds to provide benefits to immigrants arriving after August 1996, though a number of
states chose to use state funds to provide some TANF and Medicaid/SCHIP services to otherwise eligible lawful permanent
residents.
During the
prolonged debate over TANF reauthorization, advocates had hoped that provisions would be included to restore immigrant eligibility
for a number of programs. Separate bills, including ICHIA, were also introduced
and were co-sponsored by members from both parties. However, the final TANF reauthorization
that came through the reconciliation process in 2006 failed to include any benefit restorations for immigrants, so advocates
have continued to try to build support for ICHIA and other restoration bills.
About the Legislation
ICHIA would restore states’ ability to provide health assistance to lawfully-present immigrant children and pregnant
women under Medicaid or SCHIP. Specifically, ICHIA would expand eligibility for
Medicaid and SCHIP to allow states to cover:
- Pregnant immigrant
women (through 60 days after the pregnancy)
- Immigrant children, including optional targeted low-income children
In 2000, the Congressional Budget Office (CBO) estimated that ICHIA would eventually provide health coverage to 155,000
immigrant children and 60,000 pregnant women per year. ICHIA would also provide
much needed fiscal relief to states that have been using state funds to provide benefits. In addition, ICHIA would generate
cost savings over the long run as immigrant children and pregnant women have access to preventive care avoiding unnecessary
hospitalizations.
Status of Legislation
The latest
version of ICHIA, the "Legal Immigrant Children's Health Improvement Act of 2007" (S. 764/H.R. 1308--click bill numbers to see co-sponsors), was introduced in both the U.S. Senate and House of Representatives on March 5, 2007. Co-sponsorship is lagging a bit behind previous years, but
the expectation is that some version of the bill will be incorporated into the SCHIP (State Children's Health Insurance) reauthorization
that needs to happen this year. Several SCHIP reauthorization and children's health care bills have already been
introduced and many of them include ICHIA or a similar restoration of access to health programs.
The National Advocacy Center
strongly supports ICHIA and will work for its inclusion in SCHIP reauthorization legislation. To help support this effort,
contact your members of Congress and urge them to co-sponsor current ICHIA legislation (S. 764/H.R. 1308).
Links for More Information
National Immigration Law Center
Families USA
