[Peace-discuss] more info on immigration bill

[Ricky Baldwin]

More info on the Student Adjustment Act a.k.a. DREAM
Act
[from the Coalition of Student Advocates
http://www.cosaonline.org/legislations.html]
D.R.E.A.M. Act: Development Relief and Education for
Alien Minors Act of 2003

Background

Each year, approximately 50,000-65,000 undocumented
children graduate from our nation's high schools or
receive the equivalent to a high school diploma. The
majority of these immigrant students who complete high
school are Latino (estimated at 28,500-37,050 a year).
Most undocumented students were brought to this
country at very young ages by their parents and they
played no part in the decision to come or stay in the
country illegally. These students were reared and
schooled to speak English and come to identify
strongly with American values. Furthermore, many of
them have lived the American dream of successfully
graduating with top honors, earning admission to
prestigious universities, while others are recognized
for their community involvement and leadership. 

These students dream of attaining a college or
university education, but their aspirations of a
higher education are often not realized. These
ambitious and bright minds are often discouraged in
their effort to fully contribute to their communities.
Current federal law may not allow students to initiate
the legalization process and it offers no financial
support in the face of rising tuition costs. As a
result, these students' lives are filled with
uncertainty and they encounter limited educational or
professional opportunities. Two bi-partisan federal
bills seek to make higher education opportunities
accessible to these immigrant students. 

Senators Orrin Hatch (R-UT) and Richard Durbin (D-IL)
reintroduced the Development, Relief, and Education
for Alien Minors Act (DREAM Act), S. 1545, on July 31,
2003. In the House, Representatives Chris Cannon
(R-3rd UT), Lucille Roybal-Allard (D-34th CA), and
Howard Berman (D-28th CA) reintroduced the Student
Adjustment Act, H.R. 1684, on April 9, 2003, which
mirrors the DREAM Act in many ways. If enacted, these
bills will create post-secondary educational
opportunities for many undocumented, high school
graduates and allow them to further their education
and begin the process of becoming American citizens. 

The DREAM Act of 2003 proposes the following: 

(1) Restores States' Rights to Freely Determine
Residency for In-State Tuition
The DREAM Act would repeal Section 505 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996, which has come to discourage states from
offering in-state, resident tuition to all students
that graduate from their high schools. The repeal
would be retroactive, as if Section 505 never existed.

(2) Offers Immigration Relief to Qualified Students 
The DREAM Act would allow certain immigrant students
to begin the path toward legalization through a
two-step process. In addition, there are special
protections, including protection from deportation and
work authorization, for young students (over the age
of 12) who have not yet graduated from high school.
Once a student completes high school, Step One of the
process gives the student conditional status lasting
between 6-8 years. In Step Two, upon completion of
college, military service, or community service, an
immigrant would apply to remove the conditional status
and receive permanent relief, also known as a "green
card." These individuals can immediately begin to
naturalize because the time under conditional status
and permanent status will be credited toward the
five-year wait for citizenship. 

SPECIAL Protection from Deportation and Work
Authorization: In order to qualify for DREAM Act
protection from deportation and work authorization the
applicant would have to meet the following
requirements:
•	Age: Must be at least 12-years-old.
•	Scholastic Requirement: Must be enrolled in primary
or secondary school full-time.

Step One

Conditional Status and Work Authorization: To qualify
for the conditional status under the DREAM Act, the
applicant would have to meet the following
requirements:
•	Level in School: Must (1) be admitted to a
four-year, two-year, or non-profit trade school; or
(2) have earned a high school diploma; or (3) have
obtained a GED.
•	Long-Term Presence: Must reside in the U.S. when the
DREAM Act is enacted into law and have lived
continuously in the U.S for at least five years. 
•	Age at Entry: Must have entered the U.S. when they
were under 16-years-old.
•	Good Moral Character: Must have "good moral
character," a specific immigration law term roughly
meaning not having committed certain criminal
offenses. 
•	Must Neither be Inadmissible nor Deportable: The
immigration laws list a number of grounds that would
make a student ineligible for DREAM Act relief. For
example, a student who failed to attend removal
proceedings could be ineligible. Students cannot have
made a false claim of citizenship, or made a
misrepresentation about their status to receive a
government benefit. There may be waivers and
exemptions for some of the grounds.
Step Two

Permanent Relief/Green Card: To convert from DREAM Act
conditional status to DREAM Act permanent relief, the
applicant would have to meet the following
requirements:
•	Two-Year Deadline: May affirmative request permanent
status 180 days before the six-year wait is finished
or no later than two years after the six years of
conditional relief.
•	Maintains Good Moral Character: Must maintain "good
moral character" (see above). 
•	Continues to be Neither Inadmissible nor Deportable:
Must avoid grounds of inadmissibility and
deportability (see above).
•	Continued Long-Term Presence: Must continue to live
within the U.S.
•	Scholastic, Military, or Community Service: Must 
a.	have completed a four-year, two-year, or non-profit
trade school degree; or
b.	remain a student in good standing for at least two
years in a four-year program; or
c.	have served in the U.S. armed forces for at least
two years; or
(3) Creates Penalties for False Statements in
Applications for DREAM Act Immigration Relief

(4) Makes All Information Provided in a DREAM Act
Application Confidential and Limited to the
Determination of Whether Someone Qualifies for Relief
under the Act

Read the complete PDF version of the DREAM Act by
clicking here.

TOP

 

Student Adjustment Act of 2003

The Student Adjustment Act has been introduced by
Representative Chris Cannon and it is now known as HR
1684. We support Senator Cannon for his effort to
assists students in achieving their educational goals
regardless of their imigration status. 

Objective: 

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 collegebound students who are long-term
U.S. residents.

H.R. 1684 Would:

(1) Eliminate the federal provision that discourages
states from providing in-state tuition.

(2) It would also legalize young people who have good
moral character, have lived in the U.S. at least 5
years, are in school in 7th grade or above, or are
high school students actively pursuing admission at
college, are under 21 years old.

(3) Provide higher education benefits for Student
Adjustment Act Applicants. The Student Adjustment Act
ensures that students who are applying for immigration
relief under the legislation may obtain Pell grants
and student loans on the same basis as other students
while their application is being processed. 


Qualifications:
1.	The student must have earned a high school degree
or demonstrate that he or she will graduate.
2.	Be between 12 and 21 years of age on the date the
application is processed. 
Students 21-24 years of age qualify under a specific
provision only if currently enrolled in college or
have graduated with a degree.
3.	Must have been physically present in the United
States for a continuous period of five years
immediately preceding the enactment of this act.
4.	The applicant must have met the "good moral
character" standards as defined by the law throughout
the five years present in the United States.



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