Revision 159594255 of "Benutzer:Neun-x/DREAM Act" on dewiki

The '''DREAM Act''' (acronym for '''Development, Relief and Education for Alien Minors''') is a [[American (USA)|American]] legislative proposal first introduced in the [[United States Senate|Senate]] on August 1, 2001<ref>[http://rs9.loc.gov/cgi-bin/bdquery/z?d107:SN01291:@@@L&summ2=m& Bill Summary & Status 107th Congress (2001 - 2002) S.1291]</ref> and most recently on May 11, 2011 when the bill was re-introduced in the U.S. Senate.<ref>http://www.govtrack.us/congress/bill.xpd?bill=s112-952</ref>

This bill would provide conditional [[permanent residency]] to certain illegal and deportable alien students who graduate from US high schools, who are of [[good moral character]], arrived in the U.S. legally or illegally as minors, and have been 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 education|higher learning]], the students would obtain temporary residency for a six year period. Within the six year period, a qualified student must have "acquired a degree from an institution of higher education in the United States or [have] 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, [have] received an [[honorable discharge]]."<ref>[http://thomas.loc.gov/cgi-bin/bdquery/z?d108:S.1545: Senate Version, Section 5(d)]</ref> Military enlistment contracts require an eight year commitment, with active duty commitments typically between four and six years, but as low as two years.<ref>[http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd0004.pdf DD Form 4, Enlistment/Reenlistment Document - Armed Forces of the United States, October 2007<!-- Bot generated title -->]</ref><ref>[http://usmilitary.about.com/cs/joiningup/a/recruiter4_2.htm Enlistment Contracts and Enlistment Incentives]</ref>  "Any alien whose permanent resident status is terminated [according to the terms of the Act] shall return to the immigration status the alien had immediately prior to receiving conditional permanent resident status under this Act."<ref>[http://thomas.loc.gov/cgi-bin/bdquery/z?d108:S.1545: Senate Version, Section 5(b)(2)]</ref>

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."<ref>[http://www.cbo.gov/ftpdocs/119xx/doc11991/s3992.pdf Congressional Budget Office Cost Estimate S.3992 Development, Relief, and Education for Alien Minors Act of 2010]</ref> Moreover, a 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 legal status through the legislation.<ref>http://naid.ucla.edu/uploads/4/2/1/9/4219226/no_dreamers_left_behind.pdf</ref>

==Background==
Illegal immigrant minors can only obtain permanent residency status through their parents.  Aside from special provisions for [[unaccompanied minor]]s<ref name=SIJS>[http://www.immigrantchildren.org/SIJS/ Immigrant Children - Special Immigrant Juvenile Status<!-- Bot generated title -->]</ref>  there is no independent method for them to accomplish this.  Normally, a child brought into the country without an immigration visa would have to first leave the U.S. to apply for a visa, although returning to his or her country of birth would not guarantee a path to a visa.  Attempts to return legally are often difficult, with road-blocks such as three-year to ten-year bans on reentering the U.S.<ref>[http://www.aa-law.com/index.php?option=com_content&task=view&id=150 Entry With or Without Inspection<!-- Bot generated title -->]</ref>

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;<ref>http://www.msnbc.msn.com/id/40567180/ns/politics-capitol_hill/</ref> Senators debated a version of the DREAM Act on September 21, 2010. A previous version of the bill, [http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN2205: 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.<ref name=autogenerated1>[http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00394 U.S. Senate: Legislation & Records Home > Votes > Roll Call Vote<!-- Bot generated title -->]</ref>

The United States military faced challenges in enlistment, which in 2005 were described as a "crisis",<ref>[http://www.guardian.co.uk/usa/story/0,12271,1499164,00.html "US lowers standards in army numbers crisis"]</ref> though the [[Financial crisis of 2007–2010|economic downturn of 2007-2010]] did away with many of the enlistment challenges. Immigrants who do not have a [[United States Permanent Resident Card|"green card"]] are not allowed to enlist. In 2007, several senior officials at the [[United States Department of Defense|Department of Defense]] have spoken in favor of promising legal status to members of the military as a means of boosting recruitment.<ref>[http://online.wsj.com/article/SB119034142441734839.html?mod=googlenews_wsj Wall Street Journal "Bill Offers U.S. Citizenship for Military Service"]</ref>

== Description ==
Under the 2009 version of the senate bill<ref name="ReferenceB">[http://thomas.loc.gov/cgi-bin/query/z?c111:S.729: Library of Congress Web Site unavailable (Library of Congress)<!-- Bot generated title -->]</ref> DREAM Act beneficiaries must:

*Have proof of having arrived in the United States before age 16.<ref>[http://thomas.loc.gov/cgi-bin/query/F?c111:1:./temp/~c111V2iM5u:e1560: DREAM Act of 2009 Sec.4 (a)(1)(A)]</ref>
*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 System|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]]"<ref>[http://careers.findlaw.com/firmsite/attachments/LE6_c_checklist_WhatIsGoodMoralCharacter.pdf What is Good Moral Character?"]</ref>

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 U.S. military. After this six year period, those who meet at least one of these three conditions would be eligible to apply for legal [[United States Permanent Resident Card|permanent resident]] status. During this six year conditional period, they would not be eligible for federal higher education grants such as [[Pell grant]]s but they would be able to apply for student loans and work study.<ref>{{Cite news
| issn = 08928738
| page = 6
| first = Anonymous
| title = DREAM opportunities
| work = Bangor Daily News
| accessdate = 2009-04-03
| date = 2007-10-09
| url = http://proquest.umi.com.ezproxy.lapl.org/pqdweb?did=1361027251&Fmt=7&clientId=13322&RQT=309&VName=PQD
}}</ref>

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.<ref>[http://thomas.loc.gov/cgi-bin/query/F?c111:1:./temp/~c111V2iM5u:e1560: DREAM Act of 2009 Sec.5 (c) & (d)]</ref>

It is not known how many of those were eligible go on to complete the further requirements. One organization estimated that only 7,000–13,000 college students nationally can fulfill the further obligations.<ref>http://www.nilc.org/immlawpolicy/DREAM/DREAM_Demographics.pdf</ref> A different analysis found that over 2 million illegal aliens could benefit under the Act.<ref>DREAM Act Offers Amnesty to 2.1 Million, Center for Immigration Studies. http://www.cis.org/node/503</ref>

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).<ref name="ReferenceB"/> The majority of states interpret this provision as disqualifying illegal immigrants students from certain higher education benefits such as in-state tuition rates.<ref>Lee, Y. (2006). To dream or not to dream: a cost-benefit analysis of the development, relief, and education for alien minors (DREAM) act. Cornell Journal of Law and Public Policy, 16, 231-258</ref> Some states have enacted laws aimed at making unauthorized state residents eligible for in-state tuition rates without violating this IIRIRA provision.<ref>Feder, J. (2010). Unauthorized alien students, higher education, and in-state tuition rates: a legal analysis. RS22500. Congressional Research Service.</ref> However, some students paying out-of-state tuition have filed lawsuits in these states, claiming state education officials violated this federal law.<ref>Morse, A. & Bimbach, K. (2010). In-State Tuition and Unauthorized Immigrant Students. National Conference of State Legislatures. Retrieved from http://www.ncsl.org/default.aspx?tabid=13100</ref>

==Legislative history==
A very similar version of the bill, though never called the "DREAM Act", was introduced during the [[107th United States Congress|107th Congress]] in 2001, as [http://rs9.loc.gov/cgi-bin/bdquery/z?d107:HN01918: H.R.1918] and [http://rs9.loc.gov/cgi-bin/bdquery/z?d107:SN01291: S.1291] in the House and Senate respectively.  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: [http://rs9.loc.gov/cgi-bin/bdquery/z?d108:SN01545: S.1545] (108th Congress), [http://rs9.loc.gov/cgi-bin/bdquery/z?d109:SN02075: S.2075] (109th Congress), [http://rs9.loc.gov/cgi-bin/bdquery/z?d110:SN00774: S.774] (110th Congress), and [http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.02205: S.2205] (110th Congress).
In the House:  [http://rs9.loc.gov/cgi-bin/bdquery/z?d108:HN01684: H.R.1684] (108th Congress), [http://rs9.loc.gov/cgi-bin/bdquery/z?d109:HN05131: H.R.5131] (109th Congress), and [http://rs9.loc.gov/cgi-bin/bdquery/z?d110:HN01275: 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, [[Dick Durbin|Richard Durbin]], the chief proponent of the DREAM Act in the Senate, made its passage a top priority for 2007.<ref>{{cite news|work = The Corner|publisher= National Review Online|date = 2007-07-10|accessdate=2007-07-19|last=Spuriell|first=Stephen|title=Death Knell for Immigration?|url=http://corner.nationalreview.com/post/?q=NmMxMDY4NWY3OWMyNzIxYTliNzI2NWUzYzE5ZGRhM2E=}}</ref><ref name=army>{{cite news|last = Maze|first = Rick|work = Army Times|url = http://www.armytimes.com/news/2007/07/military_servicecitizenship_070716w/|date = 2007-07-16|accessdate=2007-07-19|title= Bill would grant citizenship for service}}</ref>

In September 2007, Durbin filed to place the DREAM Act as an amendment to the 2008 Department of Defense Authorization Bill (S. 2919). However, three key points were commonly cited in opposition to the DREAM Act. First, there was a misconception that the bill required states to give in-state tuition to the beneficiaries of the DREAM Act when it only removed ambiguity in a state's right to offer in-state to certain illegal immigrant students; states would not be forced to offer in-state tuition.<ref name="thomas.loc.gov">[http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN2205: Library of Congress Web Site unavailable (Library of Congress)<!-- Bot generated title -->]</ref> Second, the legislation did not include an age cap. Finally, the amendment was regarded by opponents as non-germane to defense matters despite the military provision.

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.<ref name="thomas.loc.gov" /> Military leaders embraced the bill, which included the promise of legal status to members of the military, as a means of boosting recruitment.<ref>{{Cite journal
| page = 1
| last = Montgomery
| first = Dave
| title = Senate to vote on whether to take up limited immigration bill
| journal = Knight Ridder Tribune News Service
| accessdate = 2009-04-03
| date = 2007-10-23
| url = http://proquest.umi.com.ezproxy.lapl.org/pqdweb?did=1370680151&Fmt=7&clientId=13322&RQT=309&VName=PQD
}}</ref> 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 this failed.<ref name="NILC">[http://www.nilc.org/immlawpolicy/DREAM/Dream008.htm DREAM Act: NILC statement on October 24 Senate vote<!-- Bot generated title -->]</ref>

Senate opponents cited a variety of reasons for their opposition. Some labeled the DREAM Act as [[amnesty]] that would only encourage chain migration and further illegal immigration in anticipation of new versions of the DREAM Act. Others stated that the DREAM Act, though worthy legislation, should only be enacted 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, Sen. [[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.<ref name="thomas.loc.gov" />

===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 J. Leahy (D-VT), Joseph Lieberman (I-CT), [[Edward M. Kennedy]] (D-MA), and Russel D. Feingold (D-WI)<ref name="ReferenceA">[http://thomas.loc.gov/cgi-bin/bdquery/z?d111:s729:@@@N Library of Congress Web Site unavailable (Library of Congress)<!-- Bot generated title -->]</ref> and U.S. Representative Howard Berman (D-CA). To date, 128 representatives<ref>[http://thomas.loc.gov/cgi-bin/bdquery/z?d111:hr1751:@@@N Library of Congress<!-- Bot generated title -->]</ref> and 39 senators<ref name="ReferenceA" /> (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:

* Must be between the ages of 12 and 35 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 at 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
* Must have "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 they would not be eligible for Pell grants.

In certain circumstances, the illegal immigrant may lose temporary immigration Residency. This may occur if the illegal immigrant does not meet the educational or military service requirement within the six year time period or if they commit any crimes (other than those considered non-drug related misdemeanors) regardless of whether or not they have already been approved for permanent status at the end of their six years. If an illegal immigrant is convicted of a major crime, or drug-related infraction, (except for a single offense of possession of 30&nbsp;grams or less of marijuana) he or she would automatically lose the six year temporary residence status and be immediately subject to deportation.<ref>[http://www.dreamact2009.org/ Home<!-- Bot generated title -->]</ref>

===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.  Among other things, S. 3992:

# 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.

# 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 U.S. as a child (15 or under), graduated from a U.S. High School (or received a GED from a U.S. institution), and be a long-term resident (at least 5 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.
# Does not grant legal immigrant status to anyone for at least 2 years.  Previous versions of the DREAM Act would have immediately granted legal immigrant status to individuals who met the bill’s requirements.  Under S. 3992, an individual could obtain “conditional nonimmigrant” status if he proves that he meets the age (currently 29 or under and arrived in the U.S. at 15 or under) and residency requirements (5 years or more) and:
## Has graduated from an American high school or obtained a GED;
## Has 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);
## Submits biometric information;
## Undergoes security and law-enforcement background checks;
## Undergoes a medical examination; and
## Registers for the Selective Service.
# Further limits eligibility for conditional nonimmigrant status by specifically excluding anyone who:
## 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.
# Gives a conditional non-immigrant the chance to earn legal immigrant status only after 2 years and only if he meets the DREAM Act’s college or military service requirements, and other requirements, e.g., 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 limits "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 they 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 legal status and the visa backlog for siblings is decades long.
# Specifically excludes 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.
# Establishes 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.
# Requires anyone applying for the DREAM Act to show that he is 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.
# Requires 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.
# Places 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 [[Filibuster in the United States Senate|Senate filibuster]] of the bill was maintained in a 56-43 vote; it would have taken 60 votes to [[cloture|stop the filibuster]] and continue the progress of the bill.<ref>{{cite news| url=http://www.cnn.com/2010/POLITICS/09/21/senate.defense.bill/index.html?hpt=T1 | work=CNN | title=Senate halts 'don't ask, don't tell' repeal | date=September 22, 2010}}</ref>  The following day, Durbin introduced the bill once again along with Richard Lugar. Only two senators cosponsored the bill and it was defeated again.<ref>[http://thomas.loc.gov/cgi-bin/bdquery/z?d111:SN03827:@@@P Library of Congress<!-- Bot generated title -->]</ref>  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.<ref>[http://www.huffingtonpost.com/2010/11/16/obama-congressional-democrats-dream-act-lame-duck-passage_n_784476.html Obama And Top Congressional Democrats Call For DREAM Act's Passage Before Year's End<!-- Bot generated title -->]</ref> The House of Representatives passed the DREAM Act on December 8, 2010,<ref>{{cite news| url=http://politics.blogs.foxnews.com/2010/12/08/house-passes-dream-act-immigration-measures | work=Fox News | date=December 8, 2010 | title=House Passes DREAM Act Immigration Measures}}</ref><ref>{{cite web |url=http://thomas.loc.gov/cgi-bin/bdquery/z?d111:SN03992:@@@X | title= Bill Summary & Status, 111th Congress (2009 - 2010), S.3992, All Congressional Actions |publisher=Library of Congress |date=December 6, 2010 |accessdate=December 7, 2010}}</ref> but the bill failed to reach the 60-vote threshold necessary for it to advance to the Senate floor (55 yeas - 41 nays).<ref>{{cite news |url=http://content.usatoday.com/communities/onpolitics/post/2010/12/senate-dream-act-/1 |title=Senate blocks DREAM Act  |publisher=USA Today |date=December 18, 2010 |accessdate=December 18, 2010 |first=Catalina |last=Camia}}</ref>

===2011===
The bill was reintroduced in both houses on May 11, 2011 after President Obama called for Illegal immigration reform.

==See also==
*[[Illegal immigration to the United States]]
*[[California DREAM Act]], legislation proposed several times in [[California]]

==References==
{{reflist|2}}

==External links==
*{{USBill|111|H.|1751}}: Full text of the 2009 House bill, via [[THOMAS]]
*{{USBill|111|S.|3992}}: Full text of the 2009 Senate bill, via [[THOMAS]]
*[http://www.democracynow.org/2010/12/23/after_gop_blocks_dream_act_where After GOP Blocks DREAM Act, Where is Immigration Activism Headed?] - video report by ''[[Democracy Now!]]''

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[[Category:United States federal immigration and nationality legislation]]
[[Category:United States proposed federal legislation]]
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[[es:Ley Dream]]