DREAM ACT in Congress Again!

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 Fong & Aquino urge you to to show support for the DREAM Act by calling your member of Congress today. —ecf