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A brief historical look at the Development Relief Education for Alien Minors Act

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  • Members of Congress have introduced several forms of this bill in both the House of Representatives and the Senate. Members in the House passed one such bill on December 8, 2010 by a vote of 216-198;[8] Senators debated a version of the DREAM Act on September 21, 2010. A previous version of the bill, S.2205, which required 60 votes to gain cloture, failed on a 52-44 vote in 2007, 8 votes short of overcoming a filibuster by senators opposed to the bill.[9]
  • Amends the IIRIRA to repeal the provision prohibiting an unlawful alien's eligibility for higher education benefits based on State residence unless a U.S. national is similarly eligible without regard to such State residence.
    107th Congress: 2001-2002
    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 college-bound students who are long-term U.S. residents.

    Amends the Immigration and Nationality Act to cancel the removal of, and adjust to permanent resident status, certain (inadmissible or deportable) alien middle or secondary students with qualifying years of U.S. residency.
  • *Introduced bills and resolutions first go to committees that deliberate, investigate, and revise them before they go to general debate. The majority of bills and resolutions never make it out of committee
  • This bill never became law. This bill was proposed in a previous session of Congress. Sessions of Congress last two years, and at the end of each session all proposed bills and resolutions that haven't passed are cleared from the books. Members often reintroduce bills that did not come up for debate under a new number in the next session.
  • H.R.1751 - American Dream Act
    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 authorize the cancellation of removal and adjustment of status of certain alien students who are long-term United States residents and who entered the United States as children, and for other purposes.

    In 2009, South Carolina became the only state in the nation to ban undocumented youth from enrolling in all public universities.
  • The DREAM Act, along with a repeal of "Don't Ask, Don't Tell", was incorporated into the National Defense Authorization Act for the Fiscal Year 2011
    On September 21, 2010, the Senate filibuster of the bill was maintained in a 56–43 vote; it would have taken 60 votes to stop the filibuster and continue the progress of the bill
    Durbin introduced the bill once again along with Richard Lugar. Only two senators co-sponsored the bill and it was defeated again.[31] Less than a month later, on November 16, President Barack Obama and top Democrats pledged to introduce the Dream Act into the House by November 29.[32] The House of Representatives passed the DREAM Act on December 8, 2010,[33][34] but the bill failed to reach the 60-vote threshold necessary for it to advance to the Senate floor (55 yeas – 41 nays).[35]
  • May: A group of 22 senators recently sent a letter to President Obama asking him to use his discretion to halt deportations of DREAM-eligible individuals.
  • On May 11, 2011 Senate Majority Leader Harry Reid reintroduced the DREAM Act in the Senate. Some Republicans who had supported the bill in the past, including Sen. John Cornyn of Texas, Jon Kyl of Arizona, John McCain of Arizona, and Lindsey Graham of South Carolina, withheld their votes, objecting that such bill should not be granted without some sort of balance increasing immigration enforcement. Reid indicated that he would consider adding a workplace enforcement measure in the DREAM Act that would require every employer to use E-Verify, the government's Internet-based work eligibility verification system.[36] President Obama supported the bill as one of his efforts to reform US immigration system.[37]
    In July 2011, a state-level law in California was enacted, giving illegal immigrant students access to private college scholarships for state schools.[38] In August, the state of Illinois authorized a privately-funded scholarship plan for children of immigrants both legal and illegal.[39]
  • The DREAM Act is a bipartisan legislation that addresses young people who grew up in the US and have graduated from high school, but whose future is circumscribed by our current immigration laws.
    Under current law, these young people derive their immigration status from their parents and have no means to obtain legal residency even if they have lived most of their lives in the US.
  • DREAM Act

    1. 1. Development Relief Education for Alien Minors 1995- 2011 Presented by L Vanden Berghe West Texas A & M University 2011
    3. 3. Major Changes to Current Immigration Laws  Allow states to provide in-state tuition without regard to immigration status  Temporary legal status for certain immigrant students  Obtain permanent legal status ◦ Go to college ◦ Serve in U.S. military
    4. 4. Who would qualify? Conditional permanent resident status Been in US since age 15 or younger Been accepted to college Graduated from US high school GED Maintain good moral character
    5. 5. Conditional Permanent Residence Status  Limited duration – six years  Work  Drive  Go to school  Will count towards residence requirements for naturalization  Would not: ◦ Travel aboard for lengthy periods ◦ Be eligible for Pell Grants or certain other federal financial aid grants
    6. 6. Obtaining regular lawful permanent residence status  Graduate from a two-year college  Certain vocational colleges  Studied at least two years toward a B.A or higher degree  Served in U.S. armed forces for at least two years
    7. 7. "Any alien whose permanent resident status is terminated... shall return to the immigration status the alien had immediately prior to receiving conditional permanent resident status under this Act."
    8. 8. LEGISLATIVE BACKGROUND Timeline of
    9. 9. Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) 1996 Discourages states and localities from granting unauthorized aliens certain “post secondary benefits.” Unauthorized alien students receive free public education through high school. 104th Congress Sept. 30, 1996
    10. 10. Student Adjustment Act introduced- fails Senate  Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996  Amends the Immigration and Nationality Act 2001 Introduced May * Referred to House Subcommittee of 21st Century Competiveness July Rep. Chris Cannon (R- UT)
    11. 11. Development Relief and Education for Alien Minors (DREAM) Act 2003 O. Hatch (R-UT) Introduced July *  Senator Orin Hatch introduces DREAM Act (S.1545)  Reported by Committee  Did not go to vote Oct goes to committee
    12. 12. American DREAM Act  House Bill 5131 2006 Introduced in April by L Diaz-Balhart (R- FL) Referred to Committee in May
    13. 13. 2009  H.R.1751 - American Dream Act  S.729 - DREAM Act of 2009 listen to Durbin Introduced in House by Rep. H. Burman (D-CA) American DREAM Act in the House Reintroduction of The DREAM Act in the Senate
    14. 14. A Rocky Year  DREAM Act added to the Defense Bill  Senate filibuster: bill maintains 56-43 vote  Progress on bill stops ◦ takes 60 votes to stop the filibuster  Durbin and R Lugar (R-IN)reintroduces bill  Defeated again  Obama and top Democrats reintroduce in late November  December the bill does not get the 60 votes (55-41) to go to Senate 2010 Sept. Senate filibuster Oct. reintroduced Nov 29 top Democrats introduce in House. Dec fails again in House
    15. 15.  Durbin brings to the Senate (S. 952)  Berman brings to the House (HR 1842) 2011 May reintroduced
    16. 16.  Senate Majority Leader Harry Reid re-introduces the DREAM Act in the Senate as part of the Defense Authorization Bill 2011 May re-introduced
    17. 17. Summary Bipartisan legislation Change Immigration status of high school graduates who want to attend college or join the military Have lived most of their life in U.S.
    18. 18. Oppose Favor Will benefit the US economy in the long run as professionals or military forces These are special circumstances and they should be granted humanitarian Conditional residency Students who were brought young to this country are not responsible for the decision to be brought to the US Few ties to countries of origin If in the US illegally, should be deported; amnesty should not be rewarded to lawbreakers Students and their families entered the US illegally; not eligible for benefits Will encourage more illegal immigration into the country by allowing sponsoring of family members US taxpayer money should not be used; funding for education should be the responsibility of parents and home country
    19. 19. DREAM Act in the states Permits undocumented students who have attended and graduated from the state’s primary and secondary schools to pay the same college tuition as other in-State residents. The laws in these 11 states require undocumented students to: Nine other states are considering similar legislation in 2011 •California •Illinois •Kansas •Maryland •Nebraska •New Mexico •New York •Texas •Attend school in the state for a certain number of years •Graduate from high schools in the state •Sign an affidavit stating that they will apply to legalize their status as soon as they are eligible to do so •Colorado •Connecticut •Florida •Iowa •Massachusetts •Mississippi •Missouri •Oregon •Rhode island
    20. 20. sources  Congressional Digest Vol 89 No 9; Nov 2010  HR1918 Library of Congress: Bill Summary and Status Results  National Immigration Law Center  DREAM Act Portal  DREAM Act : Wikipedia  YouTube – Durbin  Defense Bill  Immigration Policy Center  Adding DREAM Act to Defense Authorization Bill  Illegal Immigration Reform Act  S1545  H1751