This bill would provide conditional permanent residency to certain illegal alien-students of good moral character who graduate from US high schools, arrived in the US as minors, and lived in the country continuously for at least five years prior to the bill's enactment. If they were to complete two years in the military or two years at a four year institution of higher learning, the students would obtain temporary residency for a six year period. Within the six year period, a student may qualify who has "acquired a degree from an institution of higher education in the United States or 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 have "served in the armed services for at least 2 years and, if discharged, has received an honorable discharge". Military enlistment contracts require an eight year commitment, with active duty commitments typically between four and six years, but as low as two years. "Any alien whose permanent resident status is terminated... shall return to the immigration status the alien had immediately prior to receiving conditional permanent resident status under this Act." This bill would have included illegal immigrants as old as 35 years of age.
In a December 2010 report, the Congressional Budget Office and the Joint Committee on Taxation estimated that the November 30th, 2010 version of the DREAM Act would "reduce deficits by about $1.4 billion over the 2011-2020 period and increase government revenues by $2.3 billion over the next 10 years." The same report also notes that the Act "would increase projected deficits by more than $5 billion in at least one of the four consecutive 10-year periods starting in 2021".
One recent UCLA study estimates that between $1.4 trillion and $3.6 trillion in taxable income would be generated for the economy over a 40 year period based upon estimates ranging between 825,000 and 2.1 million potential DREAM Act beneficiaries successfully obtaining resident status through the legislation.
DREAM Act Background
Members of Congress have introduced several forms of this bill in both the House of Representatives and the Senate. Members in the House passed one such bill on December 8, 2010 by a vote of 216-198; Senators debated a version of the DREAM Act on September 21, 2010. A previous version of the bill, S.2205, which required 60 votes to gain cloture, failed on a 52-44 vote in 2007, 8 votes short of overcoming a filibuster by senators opposed to the bill.
The United States military faced challenges in enlistment, which in 2005 were described as a "crisis", though the economic downturn of 2007-2010 did away with many of the enlistment challenges. Immigrants without a United States Permanent Resident Card (also known as a green card) are not allowed to enlist. In 2007, several senior officials at the Department of Defense have spoken in favor of promising resident status to members of the military as a means of boosting recruitment.
DREAM Act Description
Under the 2009 version of the Senate bill DREAM Act beneficiaries must:
Have proof of having arrived in the United States before age 16.
Have proof of residence in the United States for at least five consecutive years since their date of arrival.
Have registered with the Selective Service if male.
Be between the ages of 12 and 30 at the time of bill enactment.
Have graduated from an American high school, obtained a GED, or have been admitted to an institution of higher education.
Be of "good moral character"
During the first six years, qualifying illegal immigrants would be granted "conditional" status and would be required to (a) graduate from a two-year community college or complete at least two years towards a four-year degree or (b) serve two years in the US military. After this six year period, those who meet at least one of these three conditions would be eligible to apply for permanent resident status. During this six year conditional period, they would not be eligible for federal higher education grants such as Pell grants but they would be able to apply for student loans and work study.
If they have met all of the conditions at the end of the 6-year conditional period, they would be granted permanent residency, which would eventually allow them to become U.S. citizens. It is not known how many of those eligible would go on to complete the further requirements. One organization estimated that only 7,000–13,000 college students nationally can fulfill the further obligations. A different analysis found that over 2 million illegal aliens could benefit under the Act.
The bill also restores the option for states to determine residency for purposes of higher education benefits by repealing Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 (8 U.S.C. 1623). The majority of states interpret this provision as disqualifying illegal immigrants students from certain higher education benefits such as in-state tuition rates. Some states have enacted laws aimed at making unauthorized state residents eligible for in-state tuition rates without violating this IIRIRA provision. However, some students paying out-of-state tuition have filed lawsuits in these states, claiming state education officials violated this federal law.
DREAM Act Legislative history
A very similar version of the bill, though never called the "DREAM Act", was introduced during the 107th Congress in 2001, as H.R.1918 and S.1291 in the House and Senate respectively. The House bill had the backing of Congressman Luis Gutiérrez. It has been introduced in both the Senate (as the "DREAM Act") and the House (as the "American Dream Act") at various times. In the Senate: S.1545 (108th Congress), S.2075 (109th Congress), S.774 (110th Congress), and S.2205 (110th Congress). In the House: H.R.1684 (108th Congress), H.R.5131 (109th Congress), and H.R.1275 (110th Congress).
The text of the bill was also placed in various other failed immigration-related bills, including the Comprehensive Immigration Reform Act of 2006 (S. 2611) and the Comprehensive Immigration Reform Act of 2007 (S. 1348). With the failure of the "comprehensive reform" bills, Richard Durbin, the chief proponent of the DREAM Act in the Senate, made its passage a top priority for 2007.
In September 2007, Durbin filed to place the DREAM Act as an amendment to the 2008 Department of Defense Authorization Bill (S. 2919).
However, there was a misconception that the bill required states to give in-state tuition to the beneficiaries of the DREAM Act when it allowed but did not require states to offer in-state to certain illegal immigrant students. Also, the legislation did not include an age cap.
In light of the criticism, Durbin tabled the amendment in favor of a rewritten DREAM Act amendment to the Defense Bill. In consideration of their opponents, all language regarding in-state tuition was removed from the amendment and an age cap of 30 was put in place for potential beneficiaries. Military leaders embraced the bill, which included the promise of resident status to members of the military, as a means of boosting recruitment. Nevertheless, the amendment was not brought up for a vote.
On October 18, 2007, Durbin, along with Republican co-sponsors Charles Hagel and Richard Lugar, introduced the DREAM Act as S.2205. Though nearly identical to the revised amendment to the Defense Bill, opponents continued to cite previous arguments. To bring the DREAM Act up for debate, a vote was scheduled on October 24 that would require a filibuster-proof count of 60 yes votes, but that failed.
Senate opponents cited a variety of reasons for their opposition. Some labeled the DREAM Act as amnesty that would encourage chain migration and further unauthorized immigration in anticipation of new versions of the DREAM Act. Others stated that the DREAM Act, though worthy legislation, should be enacted only as part of a comprehensive immigration reform. In light of the Senate's failure to successfully pass a single appropriations bill, some Senators stated that the DREAM Act was a distraction to more pressing matters and should rather be considered in January 2008. Finally, debate emerged as to the amendment process for the DREAM Act, specifically, how willing the Democratic leadership would be in allowing debate of Republican amendments.
In a surprise move, one senator, Kay Bailey Hutchison, who had previously stated that she would oppose consideration of the DREAM Act, announced on the Senate floor that she had expressed reservations to Durbin and he had made a verbal commitment to work with her to make changes that she saw necessary to garner greater Republican support. In response, Durbin announced that the first amendment that would be considered, should debate of the DREAM Act begin, would completely re-write the bill in favor of the language that Hutchison suggested. According to her suggestions, illegal immigrant students should be allowed to hold a temporary student visa with a renewable work permit instead of conditional permanent residency. Although 52 Senators voted in favor of considering the DREAM Act, this fell eight votes short of breaking filibuster and the legislation was not considered.
DREAM Act 2009 re-introduction
The act was re-introduced in both chambers of Congress on Thursday, March 26, 2009, during the 111th Congress. Introducing the bill were Senators Dick Durbin (D-IL), Richard Lugar (R-IN), Harry Reid (D-NV), Mel Martinez (R-FL), Patrick Leahy (D-VT), Joseph Lieberman (I-CT), Ted Kennedy (D-MA), and Russ Feingold (D-WI) and U.S. Representative Howard Berman (D-CA). To date, 128 representatives and 39 senators (not including former Senator Edward Kennedy) co-sponsored the bill. Under this version of the DREAM Act, immigrants could qualify in part, by meeting the following requirements:
Be between the ages of 12 and 35 at the time the Law is enacted
Arrived in the United States before the age of 16
Resided continuously in the United States for at least 5 consecutive years since the date of their arrival
Graduated from a US high school or obtained a General Education Diploma
Good moral character
In addition to the temporary Residency, illegal immigrant students who qualified would also be entitled to apply for student loans and work study but would not be eligible for Pell grants. In certain circumstances, the illegal immigrant could lose temporary immigration residency if the illegal immigrant did not meet the educational or military service requirement within the six year time period or if they commited any crimes (other than those considered non-drug related misdemeanors) regardless of whether or not they had already been approved for permanent status at the end of their six years. If an illegal immigrant were convicted of a major crime or drug-related infraction, (except for a single offense of possession of 30 g or less of marijuana) they would automatically lose the six year temporary residence status and be immediately subject to deportation.
DREAM Act 2010
The 111th Congress continued to consider the DREAM Act bill throughout 2010. S.3992, a new version of the DREAM Act, includes numerous changes to address concerns raised about the bill.
It does not repeal the ban on in-state tuition for illegal immigrants. The DREAM Act does not force states to charge in-state tuition rates for illegal immigrants. The DREAM Act does not allow illegal immigrants to gain access to Federal Pell Grants and other financial aid.
It lowers the age cap for eligibility for the DREAM Act to 29 on the date of enactment. Additionally, to be eligible, individuals still must have come to the US as children (15 or under), graduated from a U.S. High School (or received a GED from a US institution), and be long-term residents (at least five years). An earlier version of the DREAM Act (S. 1545 in the 108th Congress), authored by Republican Senator Orrin Hatch and cosponsored by Senator John McCain, did not include any age cap. This bill was approved by the Republican-controlled Senate Judiciary Committee on a 16–3 vote.
It does not grant resident status to anyone for at least two years. Previous versions of the DREAM Act would have immediately granted resident status to individuals who met the bill's requirements. Under S. 3992, an individual could obtain “conditional nonimmigrant” status if they prove that they meet the age (currently 29 or under and arrived in the U.S. at 15 or under) and residency requirements (five years or more) and have done the following:
Graduated from an American high school or obtained a GED;
Been a person of “good moral character”, as determined by the Department of Homeland Security, from the date the individual initially entered the U.S. (previous versions of the DREAM Act only required an individual to be a person of good moral character from the date of the bill's enactment);
Submitted biometric information;
Underwent security and law-enforcement background checks;
Underwent a medical examination; and
Registers for the Selective Service.
Further limits eligibility for conditional non-immigrant status by specifically excluding anyone who has done the following:
Has committed one felony or three misdemeanors;
Is likely to become a public charge;
Has engaged in voter fraud or unlawful voting;
Has committed marriage fraud;
Has abused a student visa;
Has engaged in persecution; or
Poses a public health risk.
Gave a conditional non-immigrant the chance to earn resident status only after two years and only if he meets the DREAM Act's college or military service requirements, and other requirements: pays back taxes and demonstrates the ability to read, write, and speak English and demonstrates knowledge and understanding of the fundamentals of the history, principles, and form of government of the United States.
Further limited "chain migration". DREAM Act individuals would have very limited ability to sponsor family members for U.S. citizenship. They could never sponsor extended family members and could not begin sponsoring parents or siblings for at least 12 years. Parents and siblings who entered the U.S. illegally would have to leave the country for ten years before they could gain resident status and the visa backlog for siblings is decades long.
Specifically excluded non-immigrants from the health insurance exchanges created by the Affordable Care Act. Conditional non-immigrants also would be ineligible for Medicaid, food stamps and other entitlement programs.
Established a one-year application deadline. An individual would be required to apply for conditional nonimmigrant status within one year of obtaining a high school degree or GED, being admitted to college, or the bill's date of enactment.
Required people applying for the DREAM Act to show that they are likely to qualify in order to receive a stay of deportation while his application is pending. The DREAM Act is not a safe harbor from deportation.
Required the Department of Homeland Security to provide information from an individual's DREAM Act application to any federal, state, tribal, or local law enforcement agency, or intelligence or national security agency in any criminal investigation or prosecution or for homeland security or national security purposes.
Placed the burden of proof on a DREAM Act applicant. An individual would be required to demonstrate eligibility for the DREAM Act by a preponderance of the evidence.
(Additionally, individuals would continue to be excluded if they have received a final order of deportation, have engaged in criminal activity (as defined by the Immigration and Nationality Act), or present a national security or terrorist threat.)
The DREAM Act, along with a repeal of "Don't Ask, Don't Tell", was incorporated into the National Defense Authorization Act for the Fiscal Year 2011. On September 21, 2010, the Senate filibuster of the bill was maintained in a 56–43 vote; it would have taken 60 votes to stop the filibuster and continue the progress of the bill. The following day, Durbin introduced the bill once again along with Richard Lugar. Only two senators co-sponsored the bill and it was defeated again. Less than a month later, on November 16, President Barack Obama and top Democrats pledged to introduce the Dream Act into the House by November 29. The House of Representatives passed the DREAM Act on December 8, 2010, but the bill failed to reach the 60-vote threshold necessary for it to advance to the Senate floor (55 yeas – 41 nays).
DREAM Act 2011
On May 11, 2011 Senate Majority Leader Harry Reid reintroduced the DREAM Act in the Senate. Some Republicans who had supported the bill in the past, including Sen. John Cornyn of Texas, Jon Kyl of Arizona, John McCain of Arizona, and Lindsey Graham of South Carolina, withheld their votes, objecting that such bill should not be granted without some sort of balance increasing immigration enforcement. Reid indicated that he would consider adding a workplace enforcement measure in the DREAM Act that would require every employer to use E-Verify, the government's Internet-based work eligibility verification system. President Obama supported the bill as one of his efforts to reform US immigration system.
In July 2011, a state-level law in California was enacted, giving illegal immigrant students access to private college scholarships for state schools. In August, the state of Illinois authorized a privately-funded scholarship plan for children of immigrants both legal and illegal.
DREAM Act Criticism
Opponents of the DREAM Act argue that it encourages and rewards illegal immigration. Other stands include viewing it as importing poverty and cheap labor, being a military recruitment tool, having economic and social burdens (subsidies from state and federal taxes, degradation of the public school system and neighborhoods), and as being unfair to American-born and legal immigrant parents and children who must pay full tuition at state universities and colleges. Primary support has came from the Latino community and state universities, which otherwise would not receive tuition from those illegal-alien students who could not afford it.
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