This is the final part of a 4 part article discussing various
current topics in immigration law. Today's installment deals with
new hope for the DREAM Act and its basic eligibility requirements.
By Alan Lee, Esq.†‡
Part IV - DREAM Act has More Hope of Passage
This Year
With the Democrats' emphasis on passing a comprehensive immigration
reform bill this year and President Bush's recent words in his South
America/Latin American tour that he would work as hard as he possibly
could to pass such legislation, hopes for non-documented students
in the U.S. appear brighter than ever. The Development Relief Education
for Alien Minors (DREAM) Act of 2007 was introduced by Senator Richard
Durbin (D-IL) in the Senate on March 6, 2007, and similar legislation,
the American Dream Act (H.R. 1275) by Howard Berman (D-IL) on March
1, 2007, in the House. Passage of the legislation would insure that
America does not lose this corps of young students who would either
be forced to leave the country or in many cases take on positions
for which they would be tremendously over-qualified.
To establish eligibility under the legislation, the individual
must have first entered the U.S. before the age of 16; be physically
present for a continuous period of five years before the law is
enacted; and either be in college, completed high school, or obtained
a GED, and not be inadmissible for crimes, security or smuggling
(or be deportable on the same grounds) although a waiver would be
available if there would be extreme hardship to the individual,
the individual's child, or his or her parents (if the alien is still
a child). A six year period of conditional residence is contemplated,
and a petition to remove the conditional basis of the residence
status could be made 180 days before to two years after (or any
extensions given by Congress) the six year date. Among other requirements,
a successful removal petition must show that the student has not
left the United States for a total of 365 days during the period
of conditional residence and the individual must have two years
in good standing in a bachelor's or higher degree program in the
U.S. or a college degree in the U.S. or have served in the military
for two years. A waiver of the latter condition is available if
the individual can show compelling circumstances for not being able
to complete one of the three and exceptional and extremely unusual
hardship to the individual or the individual's spouse, parent, or
child who are either U.S. citizens or permanent residents. Children
who have not completed high school or are in college or have obtained
a GED, but are at least 12 years of age, enrolled full time in a
primary or secondary school and meet all the other requirements
would be allowed a stay of removal and employment authorization.
As we have recently seen young persons in despair who have either
finished college and hold dead-end jobs, or are graduating soon
and cannot take on positions from companies that have been impressed
by their abilities during internships, we hope that this news on
the DREAM Act and a review of its requirements will give them hope.
Passage of the DREAM Act as part of a comprehensive immigration
reform package or even separately would benefit this country by
allowing the youth that we have educated at taxpayer expense to
take on their proper roles in American society at a time when other
countries are declining because of a lack of skilled workers.
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