Immigration Laws in the United States can be difficult to understand and are subject to change and immigration reforms, the U.S. and approximately 20 of its states have passed laws regarding the children of illegal immigrants (undocumented children) that are mostly to the child’s benefit, such as the Dream Act and DACA. The Dreamers. What exactly is the Dream Act? You may be asking yourself, what exactly is this Dream Act and how can it possibly be beneficial to America to let children of illegal immigrants use state or federal funding to gain a higher education if they’re not even here legally? The DREAM Act affects immigrants who were brought to the U.S. illegally as young children. The DREAM Act granted “deferred action” –two years reprieve from deportation for individuals under 31 years of age and who meet certain criteria: The Individuals must have entered the U.S. before 16 years of age. The Individuals can not have been convicted of a felony OR three other misdemeanors. The Individuals graduated from high school. Individuals who have served in the military. Read More about Dream Act Requirements. Individuals who met these criteria are often referred to as “DREAMers”, they enjoy of three different ways to obtain legal residency, by first obtaining their Registered Provisional Immigrant status, and five years later they may apply and receive the Green Card, and immediately after that the possibility to apply for citizenship. The State of California has laws in place to the benefit of undocumented children. Why wouldn’t it? California is known to be one of the top four immigration destinations historically for the U.S. It makes sense that Californians are generally accepting of their foreign neighbors. What is commonly misconstrued, however, is that DACA (or Deferment Action for Childhood Arrivals) is the Dream Act. As Emily Starbuck Crone wrote for College USA Today: “DACA is a policy created in 2012 by President Obama. It grants deferred deportation to people under age 31 who came to the U.S. under age 16 and meet other criteria. If you apply and qualify for DACA, you’re allowed to be in the U.S. legally, apply for employment authorization and receive a Social Security number. Broder says you can also receive a driver’s license in every state but Nebraska. DACA provides legal presence, but not legal status, Bohorquez explains. Once approved, DACA protection only lasts two years, but it can be renewed if you meet qualifications again. “The main difference is the DREAM Act would have given the community a path to residency and eventually citizenship,”- Bohorquez says. Since 2001, the U.S. federal government has written many proposed legislation that extends beyond DACA but every time these proposed acts had failed to pass federally. Nonetheless, states like California have made their own “Dream” acts regarding undocumented children that generally grant them eventual legal status.

2. Photo by Jesse Michael Nix

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