DREAM Act - Description

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.
• If male, 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. A different analysis found that over 2 million individuals 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 undocumented 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.