Saturday, May 21, 2011

Dream Act Reintroduced

Pro-amnesty lawmakers reintroduced the DREAM Act in both the House and Senate May 4, 2011. Like their predecessors, S. 952 and H.R. 1842 grant amnesty to the roughly two million illegal aliens who entered the country and meet certain educational or military requirements, authorize in-state tuition to illegal aliens, and provide illegal aliens access to federal financial aid for colleges and universities.

The Senate version of the DREAM Act grants amnesty by initially conferring a six-year conditional legal permanent residency (green card status) upon an illegal alien if he/she meets the following requirements (§§ 3-4):

Has been in the U.S. more than five years prior to the date of enactment (§3(b)(1)(A));
Was 15 years old or younger when they entered the U.S. (§3(b)(1)(B));
Has been a person of good moral character since the date of entry into the U.S. (§3(b)(1)(C));
Has not been convicted of a felony, imprisoned for an aggregate of 90-days, and is not otherwise inadmissible under certain provisions of the Immigration and Nationality Act (§3(b)(1)(D));
Has been admitted to an institution of higher education OR obtained a high school diploma or general education development certificate (GED) (§3(b)(1)(E)); and
Is 35 years old or younger on the date of enactment (§3(b)(1)(F)).

To have the conditional status removed and become a legal permanent resident, the alien must also complete at least two years at an institute of higher education in the U.S. or serve in the military for at least two years. (§5) In addition, the Senate bill provides that Homeland Security may not remove aliens who have a pending application under the bill and appear to meet its requirements, and shall stay the removal proceedings for aliens who meet the above listed requirements (except for admission to an institution of higher learning or attainment of a high school diploma or GED), are at least five years-old, and are enrolled in a primary or secondary school. (§3(e))

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