Dreamers: Lawbreakers Or Law-Abiding Citizens?

The Development, Relief, and Education for Alien Minors Act, or the DREAM Act, is a United States legislative proposal that would grant temporary conditional residency, with the right to work, for illegal immigrants who entered the US as minors. The beneficiaries of the DREAM Act would have to meet several requirements to qualify, including proof of having arrived in the US before the age of 16 and proof of residency in the US for at least five consecutive years. The DREAM Act has been introduced in Congress in various forms since 2001 but has not yet become law. The Deferred Action for Childhood Arrivals (DACA) program was enacted in 2012 as a response to the failure of the DREAM Act to pass in both houses of Congress. DACA provides a 2-year deferment from deportation and eligibility for a work permit. While DACA and the DREAM Act are not the same, they both aim to provide relief from deportation and a pathway to citizenship for immigrants who came to the US as children.

What is the Dream Act?

The Development, Relief, and Education for Alien Minors (DREAM) Act is a United States legislative proposal that would grant temporary conditional residency, with the right to work, for illegal immigrants who entered the country as minors. Introduced in 2001, the act has been proposed in Congress at least 20 times in various forms.

The DREAM Act outlines a three-step process to provide a pathway to U.S. citizenship for undocumented high school graduates and GED recipients through college, work, or the armed services.

Step 1: Conditional Permanent Resident

An individual would be eligible to obtain conditional permanent resident (CPR) status, which includes work authorization, if they have Deferred Action for Childhood Arrivals (DACA) or meet the following requirements:

• Came to the United States as a child
• Has been admitted to an institution of higher education, has graduated high school or obtained a GED, or is currently enrolled in secondary school or a program assisting students to obtain a high school diploma or GED
• Has not participated in the persecution of another person
• Has not been convicted of certain crimes

Step 2: Lawful Permanent Residence

Anyone who maintains CPR status could obtain lawful permanent residence (LPR status or a "green card") by satisfying one of the following requirements:

• Higher education: the person has obtained a degree from an institution of higher education or a post-secondary credential from a career and technical education school
• Military service: the person completed at least two years (some bills require at least three years) of military service with an honorable discharge, if discharged
• Work: the person demonstrated employment over a total period of three years (some bills require at least four years) and at least 75% of that time the individual had employment authorization

Step 3: Naturalization

After maintaining LPR status for five years, an individual can generally apply to become a U.S. citizen through the normal naturalization process.

The DREAM Act has been introduced in both the Senate and the House at various times, with bipartisan support, but has not yet become law.

Who are the Dreamers?

The term "Dreamers" refers to undocumented immigrants who were brought to the United States as children. They have grown up in the U.S. and lived there for most of their lives, attending school, obtaining degrees, working, starting families, and contributing to the economy. Many Dreamers only know the United States as their home, only speak English, and have their own American families.

The first version of the Development, Relief, and Education for Alien Minors (DREAM) Act was introduced in 2001, and the term "Dreamers" arose in reference to this bill. Over the past 20 years, at least 20 versions of the Dream Act have been introduced in Congress, with bipartisan support, but none have become law. The Dream Act is a proposed piece of legislation that would permanently protect certain immigrants who came to the United States as children from deportation and provide a pathway to legal status and citizenship.

As of June 30, 2024, there were 535,030 Dreamers with active DACA status, with significant populations in California, Texas, Illinois, New York, Florida, North Carolina, and Arizona. The average DACA recipient arrived in the United States at age seven and has lived there for more than 20 years.

The Dreamers movement has been actively advocating for the passage of the DREAM Act and other similar legislation, such as DACA (Deferred Action for Childhood Arrivals), which provides temporary protection from deportation and work authorization for certain Dreamers. However, DACA does not provide a pathway to citizenship or permanent legal status, and it is not a permanent solution as it can be reversed by each new presidential administration.

Congress is currently considering several proposed bills aimed at providing Dreamers with a pathway to legal status and citizenship, including the Dream Act of 2023, the American Dream and Promise Act of 2023, and the Dignity for Immigrants while Guarding our Nation to Ignite and Deliver the American Dream Act of 2023. These bills outline a multi-step process for Dreamers to obtain conditional permanent resident status, lawful permanent residence, and eventually U.S. citizenship.

What is DACA?

Deferred Action for Childhood Arrivals (DACA) is a temporary program enacted in 2012 that provides relief from deportation and work authorization for immigrants brought to America as children. The program requires that the DACA status and work permit be renewed every two years.

DACA was created to protect eligible young adults who were brought to the U.S. as children from deportation and to provide them with work authorization for temporary, renewable periods. To be eligible, individuals must have arrived in the U.S. prior to turning 16 and before June 15, 2007; be under the age of 31 as of June 15, 2012; be currently enrolled in school, have completed high school or its equivalent, or be a veteran; and have no lawful status as of June 15, 2012.

The program has enabled over 900,000 immigrants to stay in the U.S., go to school, and contribute to the economy through employment. While DACA protects an individual from removal action for a certain period of time, it does not provide a pathway to U.S. citizenship, and people with DACA status remain ineligible for federally funded health coverage.

The future of the DACA program remains uncertain, as it is subject to pending court rulings. However, the Biden Administration has expressed its intent to preserve and fortify the program.

What are the requirements for DACA?

The Deferred Action for Childhood Arrivals (DACA) program was created to protect eligible young adults who were brought to the U.S. as children from deportation and to provide them with work authorization for temporary, renewable periods. Here are the requirements for DACA:

• Individuals must have arrived in the U.S. before turning 16 and before June 15, 2007.
• They must be under the age of 31 as of June 15, 2012 (i.e., under age 41 as of 2022).
• They must be currently enrolled in school, have completed high school or its equivalent, or be a veteran.
• They must have no lawful status as of June 15, 2012.
• They must not have been convicted of a felony, significant misdemeanor (that is, a misdemeanor as described at 8 CFR 236.22 [b] [6]), or 3 or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

The DACA program does not provide a pathway for Dreamers to become U.S. citizens or even legal permanent residents. However, it has enabled over 900,000 immigrants to stay in the U.S., go to school, and contribute to the economy through employment.

What are the benefits of the Dream Act?

The Development, Relief, and Education for Alien Minors Act, or the DREAM Act, is a United States legislative proposal that would grant conditional residency, with the right to work, for illegal immigrants who entered the US as minors. If they satisfy further qualifications, they would attain permanent residency.

The DREAM Act would have several benefits:

Economic Benefits

The DREAM Act would bring substantial benefits to the US economy. A 2017 study by the Center for American Progress found that passing the DREAM Act and putting young unauthorized immigrants on a pathway to citizenship would add a total of $22.7 billion annually to the US gross domestic product (GDP). The cumulative increase in GDP over 10 years would be $281 billion.

If half of the workers who are immediately eligible for the DREAM Act complete the educational requirements to move from conditional status to lawful permanent residency, the annual gains could be even higher, reaching as high as $728.4 billion cumulatively over a decade.

The DREAM Act would also increase the average incomes of all Americans by between approximately $82 and $273 annually.

Military Benefits

The DREAM Act would contribute to the US military's recruitment efforts and readiness. In a letter to DREAM Act sponsors, Secretary of Defense Gates cited the rich precedent of non-citizens serving in the US military and stated that "the DREAM Act represents an opportunity to expand [the recruiting] pool, to the advantage of military recruiting and readiness."

The DREAM Act is also a part of the Department of Defense's 2010-2012 Strategic Plan to assist the military in its recruiting efforts.

Education Benefits

The DREAM Act would make the US more competitive in the global economy by allowing "these young people to live up to their fullest potential and contribute to the economic growth of [the] country," as stated by Secretary of Education Arne Duncan.

The DREAM Act would play an important part in the nation's efforts to have the highest proportion of college graduates in the world by 2020, which is vital for America to remain competitive in today's global economy.

Border Security Benefits

The DREAM Act would allow immigration and border security experts to focus on those who pose a serious threat to the nation's security. Secretary Napolitano believes that this targeted legislation provides a firm but fair way to deal with innocent children brought to the US at a young age. The Department of Homeland Security can then dedicate their enforcement resources to detaining and deporting criminals and those who pose a threat to the country.

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