Coalition of Student Advocates

DREAM Act Timeline

DREAM Act of 2003

The DREAM Act (S.1545)
The Student Adjustment Act (H.R.1684)

D.R.E.A.M. Act: Development Relief and Education for Alien Minors Act of 2003

Background

Each year, approximately 50,000-65,000 undocumented children graduate from our nation's high schools or receive the equivalent to a high school diploma. The majority of these immigrant students who complete high school are Latino (estimated at 28,500-37,050 a year). Most undocumented students were brought to this country at very young ages by their parents and they played no part in the decision to come or stay in the country illegally. These students were reared and schooled to speak English and come to identify strongly with American values. Furthermore, many of them have lived the American dream of successfully graduating with top honors, earning admission to prestigious universities, while others are recognized for their community involvement and leadership.

These students dream of attaining a college or university education, but their aspirations of a higher education are often not realized. These ambitious and bright minds are often discouraged in their effort to fully contribute to their communities. Current federal law may not allow students to initiate the legalization process and it offers no financial support in the face of rising tuition costs. As a result, these students' lives are filled with uncertainty and they encounter limited educational or professional opportunities. Two bi-partisan federal bills seek to make higher education opportunities accessible to these immigrant students.

Senators Orrin Hatch (R-UT) and Richard Durbin (D-IL) reintroduced the Development, Relief, and Education for Alien Minors Act (DREAM Act), S. 1545, on July 31, 2003. In the House, Representatives Chris Cannon (R-3rd UT), Lucille Roybal-Allard (D-34th CA), and Howard Berman (D-28th CA) reintroduced the Student Adjustment Act, H.R. 1684, on April 9, 2003, which mirrors the DREAM Act in many ways. If enacted, these bills will create post-secondary educational opportunities for many undocumented, high school graduates and allow them to further their education and begin the process of becoming American citizens.

The DREAM Act of 2003 proposes the following:

(1) Restores States' Rights to Freely Determine Residency for In-State Tuition
The DREAM Act would repeal Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which has come to discourage states from offering in-state, resident tuition to all students that graduate from their high schools. The repeal would be retroactive, as if Section 505 never existed.

(2) Offers Immigration Relief to Qualified Students
The DREAM Act would allow certain immigrant students to begin the path toward legalization through a two-step process. In addition, there are special protections, including protection from deportation and work authorization, for young students (over the age of 12) who have not yet graduated from high school. Once a student completes high school, Step One of the process gives the student conditional status lasting between 6-8 years. In Step Two, upon completion of college, military service, or community service, an immigrant would apply to remove the conditional status and receive permanent relief, also known as a "green card." These individuals can immediately begin to naturalize because the time under conditional status and permanent status will be credited toward the five-year wait for citizenship.

SPECIAL Protection from Deportation and Work Authorization: In order to qualify for DREAM Act protection from deportation and work authorization the applicant would have to meet the following requirements:

Age: Must be at least 12-years-old.
Scholastic Requirement: Must be enrolled in primary or secondary school full-time.

Step One

Conditional Status and Work Authorization: To qualify for the conditional status under the DREAM Act, the applicant would have to meet the following requirements:

Level in School: Must (1) be admitted to a four-year, two-year, or non-profit trade school; or (2) have earned a high school diploma; or (3) have obtained a GED.
Long-Term Presence: Must reside in the U.S. when the DREAM Act is enacted into law and have lived continuously in the U.S for at least five years.
Age at Entry: Must have entered the U.S. when they were under 16-years-old.
Good Moral Character: Must have "good moral character," a specific immigration law term roughly meaning not having committed certain criminal offenses.
Must Neither be Inadmissible nor Deportable: The immigration laws list a number of grounds that would make a student ineligible for DREAM Act relief. For example, a student who failed to attend removal proceedings could be ineligible. Students cannot have made a false claim of citizenship, or made a misrepresentation about their status to receive a government benefit. There may be waivers and exemptions for some of the grounds.

Step Two

Permanent Relief/Green Card: To convert from DREAM Act conditional status to DREAM Act permanent relief, the applicant would have to meet the following requirements:

Two-Year Deadline: May affirmative request permanent status 180 days before the six-year wait is finished or no later than two years after the six years of conditional relief.
Maintains Good Moral Character: Must maintain "good moral character" (see above).
Continues to be Neither Inadmissible nor Deportable:

Must avoid grounds of inadmissibility and deportability (see above).

Continued Long-Term Presence: Must continue to live within the U.S.
Scholastic, Military, or Community Service: Must

have completed a four-year, two-year, or non-profit trade school degree; or
remain a student in good standing for at least two years in a four-year program; or
have served in the U.S. armed forces for at least two years; or

(3) Creates Penalties for False Statements in Applications for DREAM Act Immigration Relief

(4) Makes All Information Provided in a DREAM Act Application Confidential and Limited to the Determination of Whether Someone Qualifies for Relief under the Act

Read the complete PDF version of the DREAM Act by clicking here.

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Student Adjustment Act of 2003

The Student Adjustment Act has been introduced by Representative Chris Cannon and it is now known as HR 1684. We support Senator Cannon for his effort to assists students in achieving their educational goals regardless of their imigration status.

Objective:

To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to determine state residency for higher education purposes and to amend the Immigration and Nationality Act to cancel the removal and adjust the status of certain alien collegebound students who are long-term U.S. residents.

H.R. 1684 Would:

(1) Eliminate the federal provision that discourages states from providing in-state tuition.

(2) It would also legalize young people who have good moral character, have lived in the U.S. at least 5 years, are in school in 7th grade or above, or are high school students actively pursuing admission at college, are under 21 years old.

(3) Provide higher education benefits for Student Adjustment Act Applicants. The Student Adjustment Act ensures that students who are applying for immigration relief under the legislation may obtain Pell grants and student loans on the same basis as other students while their application is being processed.

Qualifications:

The student must have earned a high school degree or demonstrate that he or she will graduate.
Be between 12 and 21 years of age on the date the application is processed.
Students 21-24 years of age qualify under a specific provision only if currently enrolled in college or have graduated with a degree.
Must have been physically present in the United States for a continuous period of five years immediately preceding the enactment of this act.
The applicant must have met the "good moral character" standards as defined by the law throughout the five years present in the United States.

Read the complete PDF version of theStudent Adjustment Act of 2003 by clicking here.

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Legislative Process

In U.S. Congress three different branches of government determine the laws of this country. The Senate, the House of Representatives, and the President's cabinet are responsible for creating, revising, and approving federal policy. Congressmen and Congresswomen, whom are members of the Senate and the House of Representatives only, focus their time in writing propositions to change current law. When a proposition is initially introduced by congressmen or women to their corresponding branch's floor discussion, the author is generally known as the sponsor of 'his or her' legislation.

The Senate is composed of 100 Senators; two Senators representing each state of the union. The House holds 435 seats which are apportioned among the fifty states by population. In other words, the state with the most population is allotted more representation in the House than the state with the least population.

After a bill is introduced, it is sent to various committees for debate composed of congressmen that correspond with issues relating to the bill. This process is repeated if the issue is passed down from the original committee to another related committee for further discussion. Subsequent debate leads to final floor voting. A majority vote (51%) is required in order for the bill to advance to the following house. If the initiative is approved in one house, it moves on to the next house. (I.e. initiative approved in Senate, then moves on to the House of Representatives) The same procedure takes place in the next house. If the initiative is approved in both houses, then the president has the final say. He can either sign or veto the bill. If a bill is vetoed, congress can overrule the veto if a vote of more than 2/3 rd in favor of the initiative occurs.

Using this vague model, we can lay out the DREAM act's process. The image in the beginning of this page illustrates where the DREAM act stands at this moment. Although it seems that the legislation is at its beginning stages, we must notice that it is a step away from full Senate vote. Once a bill is approved by one house, it has more of a chance of passing with the same results in the following house because of the momentum it gains. There is rumor that if the DREAM act reaches the Presidents desk, he will sign it.