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DREAM Act Fails to Become Reality

The Development, Relief, and Education for Alien Minors Act (DREAM Act) is a proposed bill whose primary purpose is to enable younger undocumented aliens who were brought here as children to attain lawful status and get an education. The bill has been introduced in Congress several times, most recently on October 24 when it failed to reach full debate in the Senate by a 52-44 vote (8 short of the 60 votes required).
The DREAM Act would grant lawful residence on a conditional basis to non-criminal aliens who entered the U.S. while under 16 years of age, who are under age 30 on the date of enactment, who have resided here for 5 years on the date of enactment, and have graduated from high school (or obtained a GED or admittance into a college). Aliens age 12 and older would be allowed to remain in the U.S. while enrolled in school if they meet the other requirements of the Act, and the Act would apply to those who already meet its requirements. Individuals would be conditional lawful residents for 6 years, after which they could adjust to permanent resident ("green card") status if they have completed at least 2 years of coursework towards a bachelor's degree or have served honorably for 2 years in the military. The Act would also establish eligibility for Federal student loans and work-study programs.
Some critics have pointed out that DREAM Act's probable tendency will be to funnel immigrant youth to the armed services, while others have criticized the Act's age limits. Less defensible criticism issued from the White House which criticized the Act by labeling it a "prefential path to citizenship for a special class of illegal aliens." Supporters of the Act and the White House agree in recognizing factors favoring a "preferential path" for a "special class" of people: the press release stated its sympathy with "young people who were brought here illegally as children and have come to know the United States as home." However, this sympathy is outweighed by the White House's concern not to "provide incentives for recurrence of [illegal immigration]." The press release argues that the Act's opportunity-enhancing goals are frustrated by granting status to people who "attended college years ago," a rhetorical ploy that ignores the negative impact of one's undocumented status on any chance at success.
Although it is not a subsitute for comprehensive immigration reform, the DREAM Act offers significant relief to an enormous group of people currently denied opportunity and security on account of decision their parents made for them when they were children. The support the bill garnered in the Senate hopefully indicates that a majority is emerging that values enhancing opportunity and dignity for all Americans over a vindictive emphasis on punishment that, in imposing banishment for violations largely committed by another, ignores gradations of fault and concepts of proportionality.

Full post as published by Masliah & Soloway on November 05, 2007 (boomark / email).