May 27

Written by: The VISANOW Legal Team
5/27/2011 10:02 AM 

Undocumented students, who were brought to the U.S. as young children quickly realize their options for the future are very limited upon high school graduation (about 65,000 every year). Under the current immigration law, these students have no legal way to pursue a college education or a career in the military. Earlier this month, President Obama once again reaffirmed his intention to pursue comprehensive immigration reform (CIR), which includes the Development Relief and Education for Alien Minors (DREAM) Act to provide a path for these undocumented students earn legal status. 
 
The DREAM Act, first introduced in 2009, is still riddled with misconceptions such as the bill granting amnesty or will be a financial burden. Once dispelled, these two myths reveal that the intention of the DREAM Act is not to grant amnesty to millions of undocumented immigrants, but to provide a future for these students and pathway to develop into constructive members of society.

One of the main concerns expressed by many is whether or not the DREAM Act is a form of amnesty, which is defined as “the act of an authority (as a government) by which pardon is granted to a large group of individuals” (Merriam-Webster). The Immigration Reform and Control Act (IRCA) of 1986 granted amnesty to undocumented immigrants, had much more forgiving requirements, and offered a more direct path to legalization.  IRCA applied to any one that had entered the U.S. before 1982, had continuously resided in the U.S. since that date; and those who applied to adjust their status within the allotted time (12 months).  On the other hand the applicants for the DREAM Act would have to endure a much more rigorous process and fulfill these specific requirements; applicants must have entered the U.S. before they were 16 years old, have resided here continuously for 5 years, have graduated from high school or received a GED, and have demonstrated good moral character by not committing any inadmissible crimes.  If their first petition is approved their status is only granted initially on a conditional basis.  In order to adjust their status to permanent residency, the applicant must maintain his or her conditional residency for 6 years, have attended college for at least 2 years or attended the military, and pass another criminal background check.  If the applicant is unable to fulfill these requirements then they will lose their legal status.  Thus, the DREAM Act is not amnesty, because to it does not immediately grant permanent legal status – it has to be earned. 

The fear of this bill adding another financial burden to the American public has also resulted in criticism.  However, the DREAM Act would have substantial benefits not only for the immigrants themselves, but for the country as a whole.  In order for the U.S. to remain competitive in today’s global market, we need to ensure that educational opportunities are available and our youth are able to increase their opportunities.  As of right now, after high school, undocumented students are greatly limited in their options. According to the White House’s blog Get The Facts On The DREAM Act, students impacted by the DREAM Act, would collectively contribute $2.3 billion to the government revenue, decrease the government deficit by $1.4 billion over the next 10 years, and add $1.4 to $3.6 trillion dollars in taxable income to our economy and potentially decrease the burden on social services as well. Also, tax payers need not worry about having to fund the educational expense for undocumented students since they would only qualify to receive federal loans that would require repayment.

Photo attribution: http://www.flickr.com/photos/dreamactivistorg/