The injustices and problems that undocumented immigrant children encounter in the United States are once again becoming a focus for Congressional consideration. On March 26, 2009, the DREAM (Development, Relief, and Education for Alien Minors) Act was reintroduced into both the Senate and House of Representatives through a conglomerate of Republicans and Democrats, including Senators Richard Durbin (D-IL), Richard Lugar (R-IN), Russell Feingold (D-WI), Edward Kennedy (D-MA), Patrick Leahy (D-VT), Joe Lieberman (I-CT), Mel Martinez (R-FL), and Harry Reid (D-NV) and Representatives Howard Berman (D-CA), Joseph Cao (R-LA), John Conyers Jr. (D-MI), Lincoln Diaz-Balart (R-FL), Mario Diaz- Balart (R-FL), Zoe Lofgren (D-CA), Devin Nunez (R-CA), Jared Polis (D-CO), Ileana Ros-Lehtinen (R-FL), and Lucile Roybal-Allard (D-CA).
The proposed law recognizes the unfairness and hardship faced by thousands of young immigrants in their quest for an education and immigration benefits. Understanding that there are thousands of innocent individuals who have been brought to the United States at a young age by their parents, the proposed law seeks to remedy the injustice by providing permanent residency to young individuals who show a commitment to educational dedication and accomplishment.
In essence, the DREAM Act--which was originally proposed in 2001, but failed passage into law--would allow students to obtain legal permanent resident status on a conditional basis if the following requirements are met: (1) entry into the US before the age of 16; (2) has lived in the US for at least 5 years before the enactment of the law; (3) has good moral character; and (4) has been admitted to a college or university, or has earned a high school diploma or GED, at the time of applying. If so, the individual would be granted conditional residency for a period of six years.
Within that six year period as a conditional resident, the individual must meet one of the following requirements in order to remove the conditions from his permanent residency: (1) has graduated from an institution of higher education; (2) has completed at least 2 years, in good standing, in a program for a bachelor’s degree or higher degree in the United States; or (3) has served in the US military for at least 2 years and if discharged, was honorably discharged. The individual must as well prove that he continued to be a person of good moral character during the conditional residency period. The petition to remove the conditional residency would have to be filed anytime between the 180 days before expiration up to 2 years after expiration of the conditional residency.
The DREAM Act would be applied retroactively, so any individuals who have already completed all of the requirements would continue to be eligible to obtain permanent residency.
Moreover, the DREAM Act would protect from deportation any undocumented students who meet the following: (1) entry into the US before the age of 16; (2) has lived in the US for at least 5 years before the enactment of the law; (3) over age 12 when the law is enacted; (4) enrolled full-time in a primary or secondary school. These undocumented students would also be eligible for work permits.
Under the new leadership of President Obama, there is considerable hope that Congress will now take a serious look at this truly humanitarian measure given the failure to reach a comprehensive immigration reform. Although there is support amongst Congressional leaders for the DREAM Act, passage of the proposed law is dependent upon individuals contacting their Congressional representative to voice their support. It is therefore vital that all those who believe in this humanitarian showing of understanding and support contact their Congressional representatives to ensure that this time the DREAM Act becomes a reality. Should the DREAM Act pass and become law, it will significantly assist those young individuals who have been innocently placed into a difficult situation with the opportunities necessary to finally fulfill their dreams.