DREAM ACT in Congress Again!

December 1, 2010

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Just last night, Majority Leader Reid (D-NV) filed a new version of the DREAM Act in an effort to get the 60 required votes to pass the Senate where a vote may occur as early as Monday.

This new version of the DREAM Act includes the following provisions:

  • Excludes from eligibility those with certain criminal convictions, such as for offenses punishable by a maximum term of more than 1 year (felony) or 3 misdemeanors
  • Requires all applicants to provide their biometric data to DHS, to submit to background checks and medical examination, and to register for military selective service
  • Requires applicants to pay all taxes
  • Sets the cut-off age to those who are less than 30 years-old on the date of enactment
  • Provides a "safe harbor" from removal only to those applicants who present a prima facie case of eligibility
  • Extends the good moral character requirement back to the date the alien entered the United States rather than the date of enactment of DREAM
  • Expands the applicable grounds of inadmissibility to include the health-related, public charge, smuggling, draft dodging, and unlawful voting grounds
  • Expands the applicable grounds of deportability to include public charge, unlawful voting, and marriage fraud grounds
  • Excludes those who participated in persecution
  • Clarifies that no one can apply before 1 year after enactment
  • Requires applicants to demonstrate eligibility by a preponderance of the evidence
  • Eliminates repeal of the in-state tuition ban
  • Defines institution of higher education to include only U.S.-based programs
  • Requires those who subsequently apply for adjustment to meet the English language and civics requirements typically required for naturalization
  • Expands the circumstances where disclosure of confidential information about DREAM applicants is required for homeland security or national security purposes
  • Creates conditional nonimmigrant status for 10 years, followed by 3 years of LPR status prior to application for naturalization

The attorneys at the Law Offices of J Craig Fong urge you to to show support for the DREAM Act by calling your member of Congress today. ---ecf