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DREAM Act
Great Seal of the United States
Colloquial name(s) DREAM Act
Introduced on April 25, 2001
Sponsored by Dick Durbin, Orrin Hatch
Legislative history

The Development, Relief, and Education for Alien Minors Act, known as the DREAM Act, is a United States legislative proposal that would grant temporary conditional residency, with the right to work, for illegal immigrants who entered the United States as minors—and, if they later satisfy further qualifications, they would attain permanent residency.

In April 2001, United States Senators Dick Durbin (D-Illinois) and Orrin Hatch (R-Utah) first introduced the bill in the Senate as S. 1291, but it did not pass. The proposal has since been reintroduced several times, but has not been approved by majorities in either body of the United States Congress as of 2024.

Requirements

The beneficiaries of the proposed DREAM Act would have to meet the following requirements to qualify:

  • Not be inadmissible to or deportable from the United States, or be in Temporary Protected Status (Sec. 3(b)(1))
  • Have proof of having arrived in the United States before age 16 (Dream Act of 2017, S.1615, Sec.3(b)(1)(B), and HR3440, Sec.3(b)(1)(B)).
  • Have proof of residency in the United States for at least five consecutive years
  • If a male born in 1960 or later, have registered with the Selective Service
  • Be between the ages of 12 and 35 at the time of bill enactment
  • Have graduated from an American high school, obtained a GED, or been admitted to an institution of higher education
  • Be of good moral character

During the first six years, qualifying people would be granted "conditional" status and would be required to (a) graduate from a two-year community college or (b) complete at least two years towards a four-year degree or (c) 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.

For conditional resident status

The individual must:

  • have proof that they entered the United States before the age of 16 and must have continuously lived in the country for at least 5 years.
  • have graduated from a United States high school or obtained a GED in the US.
  • demonstrate good moral character.
  • pass criminal background checks

After having obtained and held conditional resident status, permanent residency may be granted if the following requirements have been met in a period of six years.

For permanent residency

The individual must:

  • Have attended an institution of higher learning or served in the United States military for at least two years and if discharged, have received an honorable discharge
  • Pass another series of background checks
  • Continue to demonstrate good moral character

If these requirements are not fulfilled the conditional resident will lose their legal status and be subject to deportation.

DREAMers movement

Karen Bass speaking in support of Black Dreamers
Representative Karen Bass speaking in support of DREAMers, December 2017

The DREAMers movement emerged during the time that the DREAM Act was being pushed in Congress. The individuals that make up the group are primarily undocumented students/youth. The DREAMers movement has been seen tackling issues with regard to immigration, education, and citizenship. The DREAMers have partaken in many activists activities to demonstrate their support for the DREAM Act. On May 1, 2006, there was a demonstration that involved a collective group of students taking a stand to voice their concerns. There was an occasion on June 5, 2012, when DREAMers participated in a nonviolent civil disobedience which included picket-lines, sit-ins, hunger strikes, etc. There have been other scenarios throughout the country where undocumented youth have been actively involved in promoting the DREAM Act. Furthermore, the movement has had influence in other policies such as DACA (Deferred Action for Childhood Arrivals), an Executive Branch memorandum made by then-Secretary of Homeland Security Janet Napolitano on June 15, 2012, entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children,” creating a non-congressionally authorized administrative program that permitted certain individuals who came to the United States as juveniles and meet several criteria—including lacking any current lawful immigration status—to request consideration of deferred action for a period of two years, subject to renewal, and eligibility for work authorization.

See also

  • Illegal immigration to the United States
  • Immigration policy
  • Plyler v. Doe
  • Trail of Dreams 2010
  • New York Dream Act
  • Deferred Action for Childhood Arrivals
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