Basics facts about the DREAM Act*

The DREAM Act is bipartisan legislation pending in Congress to clear up the immigration status issues and address federal barriers to education and work confronted by the U.S.-raised children of undocumented immigrants.

Under current law, 50-65,000 students graduate from American high schools each year who have been in the U.S. more than five years but who face limited prospects for completing their education or working legally in the United States because they were originally brought here by parents lacking immigration status. Among those prevented from completing their education are valedictorians, honors students, award winners, class presidents, and student leaders.

These young people deserve a fresh start, both in fairness to them and in our national interest. The DREAM Act would address this issue in two ways:

• by deleting a federal provision that interferes with a state’s right to determine which students qualify as "residents" for purposes of in-state tuition or other state education benefits; and
• by providing a mechanism for certain long-term resident immigrant students with good moral character to apply for legal residency so that they can work and otherwise fully participate in their communities.

Unlike last year's bill, DREAM 2003 sets up a two-stage process for applying for legal status. Immigrant students who have grown up in the U.S., graduated from high school here, and can demonstrate good moral character would initially qualify for "conditional lawful permanent resident" status, which would normally last for six years. During the conditional period, the immigrant would be required to go to college, join the military, or work a significant number of hours of community service. At the end of the conditional period, those who meet at least one of these requirements would be eligible for regular lawful permanent resident status.

Positive fiscal impact: The DREAM Act would dramatically reduce dropout rates, with resulting substantial savings in criminal justice costs and use of public benefits, and it would sharply increase the amount of taxes paid by those who qualify. These fiscal contributions will pay back the educational investment within 3-4 years by conservative estimates, and thereafter taxpayers will continue to profit from the DREAM Act for decades to come.

Fairness: The DREAM Act is a recognition of the fact that the young people at issue did not have a say in the decision to come to the U.S., and it is wrong to hold them fully liable for an immigration status that was derived from their parents. They should not be legally precluded from the achievements that they are able to earn by their own talent and hard work in the land where they were raised. The DREAM Act would give them the same opportunity to excel as their classmates... no more and no less.

A resource: A disproportionate number of DREAM Act young people have excelled in our schools, and they are poised to repay our investment in their elementary and secondary education. They are a willing and ready American-educated workforce, many of whom want desperately to give back to their communities.

Alan Greenspan and other economists and demographers tell us that we face a long-term labor crunch that threatens our economy in the decades to come, including shortages in teaching, nursing, the service sector and other occupations. DREAM Act beneficiaries can be part of the solution.

Reward character: The most compelling reason to pass the DREAM Act is the young people themselves. They are survivors, almost all of whom have overcome the odds of growing up in tough neighborhoods and impoverished immigrant families to remain in school and to succeed. Nothing could be more American. These young people deserve to be rewarded for doing the right thing, not punished.

In the Senate, the Development, Relief, and Education for Alien Minors (DREAM) Act (S. 1545) was reintroduced by Senator Orrin Hatch (R-UT) and Richard Durbin (D-IL) on July 31, 2003.

The House version of the DREAM Act, H.R. 1684, is called the Student Adjustment Act. It was introduced on April 9, 2003 by Rep. Chris Cannon (R-UT) along with 15 Democratic and 15 Republican original cosponsors.

These basic facts were provided by the National Immigration Law Center. To learn more about the DREAM Act, visit their Immigration Law and Policy page at http://www.nilc.org/immlawpolicy/index.htm

Click here for the Text of the Student Adjustment Act

Profile of one affected student:

Mario is a studious sophomore at high school in South Los Angeles. His mother is a garment worker, and his father is disabled. The only way he would be able to attend college is through financial aid or scholarships. Six months ago, Mario was invited into a special outreach program established by UC Berkeley for a handful of the top California students in underrepresented schools. The program promises admission and a $28,000 scholarship upon completion, but Mario won’t be eligible for the crucial scholarship. Federal laws governing financial aid exclude students, like Mario, who are undocumented, even if they have grown up in this country and attended school here.

When he found out, he says, he felt that he law treated him "like a nobody, like a stranger," because of his immigration status, despite his hard work, his good grades and the fact that California is his home.

As a result, Mario has joined a youth-led campaign that the ACLU and other groups are supporting. The goal of the campaign is to engage youth in active support of the DREAM Act, which would make students like Mario eligible for financial aid and legalization. This effort follows up at the federal level on a successful state campaign the ACLU supported last year to change the tuition for students like Mario to the in-state, rather than out-of-state rate. CHIRLA-Wise-Up!, a youth political group, is leading the effort, and the group has developed trainings, an outreach plan, and a media plan to educate the community and other youth about the legislation.

"It’s important for students to unite in support of this effort," said Mario. "So many of our classmates and friends are in my situation."