The Dream Act

[phillyphilly]

S.1545
Title: A bill 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 authorize the cancellation of removal and adjustment of status of certain alien students who are long-term United States residents.
Sponsor: Sen Hatch, Orrin G. [UT] (introduced 7/31/2003) Cosponsors (47)
Latest Major Action: 2/9/2004 By Senator Hatch from Committee on the Judiciary filed written report. Report No. 108-224. Additional views filed.
Senate Reports: 108-224
Jump to: Summary, Major Actions, All Actions, Titles, Cosponsors, Committees, Related Bill Details, Amendments
SUMMARY AS OF:
11/25/2003--Reported to Senate amended. (There is 1 other summary)

Development, Relief, and Education for Alien Minors Act of 2003 or the DREAM Act - (Sec. 3) Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to repeal the denial of an unlawful alien's eligibility for higher education benefits based on State residence unless a U.S. national is similarly eligible without regard to such State residence.

(Sec. 4) Authorizes the Secretary of Homeland Security to cancel the removal of, and adjust to conditional permanent resident status, an alien who: (1) entered the United States prior to his or her sixteenth birthday, and has been present in the United States for at least five years immediately preceding enactment of this Act; (2) is a person of good moral character; (3) is not inadmissible or deportable under specified criminal, security, smuggling, or illegal entrant or immigration violator grounds, with certain age-related exceptions; (4) at the time of application, has been admitted to an institution of higher education, or has earned a U.S. high school or equivalent diploma; and (5) from the age of 16 and older, has never been under a final order of exclusion, deportation, or removal.

Authorizes waiver of certain grounds of deportability or ineligibility for humanitarian, family or public interest reasons. Prohibits removal of an alien whose conditional status application is pending. Sets forth continuous presence provisions.

(Sec. 5) Establishes, and sets forth the conditions for, a six-year conditional permanent resident status, including: (1) termination of status; and (2) removal of status to permanent status.

Requires an alien to file a petition for removal of conditional status which shall attest that such alien has: (1) maintained good moral character; (2) not abandoned his or her U.S. residence; (3) acquired a degree from a U.S. institution of higher education, or has completed at least two years in a U.S. bachelor's or higher degree program, and /or has served in the U.S. armed forces for at least two years and, if discharged, has received an honorable discharge. (Requires the petition to also show all U.S. secondary schools attended.)

(Sec. 6) States that: (1) if, upon the date of enactment of this Act, an alien has satisfied specified requirements under this Act the Secretary may adjust such alien's status to conditional permanent resident; and (2) an alien may petition for permanent resident status at the end of the conditional residence period if such alien has complied with specified requirements during the entire period of conditional residence.

(Sec. 7) Grants the Secretary exclusive jurisdiction to determine eligibility for relief under this Act, except where an alien has been placed into deportation, exclusion, or removal proceedings in which case the Attorney General shall have exclusive jurisdiction until such proceedings' termination.

Directs the Attorney General to stay the removal proceedings of any alien who: (1) meets the requirements for relief under this Act, except for high school graduation; and (2) is at least 12 years old and enrolled full-time in primary or secondary school. Permits such an alien to work consistent with appropriate labor laws.

(Sec. 8) Establishes fines and/or up to five years' imprisonment for (willful) false application statements.

(Sec. 9) Provides for confidentiality of information, with exceptions for specified law enforcement or coroner's office purposes. Establishes a fine of up to $10,000 for knowing violations of such confidentiality.

(Sec. 10) Provides for expedited application processing (without additional fees).

(Sec. 11) Requires an institution of higher education that enrolls an alien who is a beneficiary under this Act to register such alien in the Student and Exchange Visitor Information System (SEVIS).

(Sec. 12) States that an alien who adjusts to lawful permanent resident status under this Act shall be eligible only for the following assistance under title IV of the Higher Education Act of 1965: (1) specified student loans; (2) Federal work-study programs; and (3) other services under such title.

(Sec. 13) Requires a General Accounting Office report seven years after enactment of this Act respecting the number of aliens: (1) who were eligible for cancellation of removal and adjustment of status; (2) who applied for adjustment of status; (3) who were granted adjustment of status; and (4) whose conditional status was removed.
MAJOR ACTIONS:

7/31/2003 Introduced in Senate
11/25/2003 Committee on the Judiciary. Reported by Senator Hatch with an amendment in the nature of a substitute. Without written report.
2/9/2004 By Senator Hatch from Committee on the Judiciary filed written report. Report No. 108-224. Additional views filed.
ALL ACTIONS:

7/31/2003:
Sponsor introductory remarks on measure. (CR S10673-10674)
7/31/2003:
Read twice and referred to the Committee on the Judiciary.

10/16/2003:
Committee on the Judiciary. Committee consideration and Mark Up Session held.
10/23/2003:
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

11/25/2003:
Committee on the Judiciary. Reported by Senator Hatch with an amendment in the nature of a substitute. Without written report.
11/25/2003:
Placed on Senate Legislative Calendar under General Orders. Calendar No. 415.
2/9/2004:
By Senator Hatch from Committee on the Judiciary filed written report. Report No. 108-224. Additional views filed.

TITLE(S): (italics indicate a title for a portion of a bill)

* SHORT TITLE(S) AS INTRODUCED:
Development, Relief, and Education for Alien Minors Act of 2003
DREAM Act

* SHORT TITLE(S) AS REPORTED TO SENATE:
Development, Relief, and Education for Alien Minors Act of 2003
DREAM Act

* OFFICIAL TITLE AS INTRODUCED:
A bill 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 authorize the cancellation of removal and adjustment of status of certain alien students who are long-term United States residents.

COSPONSORS(47), ALPHABETICAL [followed by Cosponsors withdrawn]: (Sort: by date)


Sen Akaka, Daniel K. [HI] - 4/20/2004
Sen Bayh, Evan [IN] - 9/4/2003
Sen Bingaman, Jeff [NM] - 8/1/2003
Sen Boxer, Barbara [CA] - 8/1/2003
Sen Brownback, Sam [KS] - 9/4/2003
Sen Cantwell, Maria [WA] - 8/1/2003
Sen Carper, Thomas R. [DE] - 9/4/2003
Sen Chafee, Lincoln [RI] - 4/27/2004
Sen Clinton, Hillary Rodham [NY] - 9/4/2003
Sen Coleman, Norm [MN] - 9/9/2003
Sen Collins, Susan M. [ME] - 6/3/2004
Sen Corzine, Jon S. [NJ] - 9/4/2003
Sen Craig, Larry E. [ID] - 7/31/2003
Sen Crapo, Mike [ID] - 7/31/2003
Sen Dayton, Mark [MN] - 9/29/2003
Sen DeWine, Mike [OH] - 8/1/2003
Sen Dodd, Christopher J. [CT] - 9/9/2003
Sen Durbin, Richard [IL] - 7/31/2003
Sen Edwards, John [NC] - 10/1/2003
Sen Feingold, Russell D. [WI] - 7/31/2003
Sen Feinstein, Dianne [CA] - 9/4/2003
Sen Fitzgerald, Peter [IL] - 11/11/2003
Sen Graham, Bob [FL] - 10/15/2003
Sen Grassley, Chuck [IA] - 7/31/2003
Sen Hagel, Chuck [NE] - 9/2/2003
Sen Harkin, Tom [IA] - 9/29/2003
Sen Kennedy, Edward M. [MA] - 8/1/2003
Sen Kerry, John F. [MA] - 8/1/2003
Sen Kohl, Herb [WI] - 10/15/2003
Sen Landrieu, Mary L. [LA] - 9/4/2003
Sen Lautenberg, Frank R. [NJ] - 9/17/2003
Sen Leahy, Patrick J. [VT] - 7/31/2003
Sen Levin, Carl [MI] - 10/27/2003
Sen Lieberman, Joseph I. [CT] - 8/1/2003
Sen Lincoln, Blanche L. [AR] - 10/14/2003
Sen Lugar, Richard G. [IN] - 7/31/2003
Sen McCain, John [AZ] - 9/4/2003
Sen Mikulski, Barbara A. [MD] - 1/22/2004
Sen Murray, Patty [WA] - 11/4/2003
Sen Nelson, Bill [FL] - 8/1/2003
Sen Nelson, E. Benjamin [NE] - 9/29/2003
Sen Pryor, Mark L. [AR] - 3/22/2004
Sen Reed, Jack [RI] - 4/20/2004
Sen Reid, Harry [NV] - 9/9/2003
Sen Sarbanes, Paul S. [MD] - 9/24/2003
Sen Schumer, Charles E. [NY] - 9/17/2003
Sen Specter, Arlen [PA] - 10/1/2003


Sen Campbell, Ben Nighthorse [CO] - 10/16/2003(withdrawn - 11/12/2003)

COMMITTEE(S):

Committee/Subcommittee: Activity:
Senate Judiciary Referral, Markup, Reporting

RELATED BILL DETAILS:

***NONE***

AMENDMENT(S):

***NONE***

 

[QueEx]

I thought this act died in the Senate a few days ago.

 

[QueEx]

Cornyn ends dream for DREAM Act

12:00 AM CDT on Sunday, October 28, 2007
TODD J. GILLMAN / The Dallas Morning News
tgillman@dallasnews.com

WASHINGTON – The dream died last week, and Sen. John Cornyn helped to kill it: legislation that would grant legal status to students whose parents brought them to this country without visas.

The Texas senator had long supported the idea behind the so-called DREAM Act. This time, though, he argued that it's better to hold out for an immigration overhaul – however hopeless that seems – because cherry-picking its most popular elements makes it even harder to cobble together support for a broader deal.

"This is a hot hot-button issue that divides our country," he said. "I don't think the solution is to do piecemeal legislation that solves one group's problems at the expense of a comprehensive bill."

His Democratic challenger accused him of flip-flopping on the DREAM Act, and immigration policy analysts and lobbyists agreed that Mr. Cornyn's hard line of late seems to have a strong political dimension.

"Long term, it's hard to argue that being seen as anti-immigrant is going to be helpful to the Republican Party," said John Gay, co-chairman of the business-backed Essential Worker Immigration Coalition and an executive at the National Restaurant Association. "But when you're up [for re-election] in 15 months, that's as far as the horizon goes."

The Cornyn stance contrasted with that of senior Texas Sen. Kay Bailey Hutchison. She backed the DREAM Act and was working with the Democratic author, Illinois Sen. Dick Durbin, on tweaks meant to broaden its appeal.

Mr. Cornyn complained that the bill would let criminals seek legalized status, and didn't set graduation from college as a requirement, only attendance. The fact that Democrats blocked amendments showed they were only trying to score political points, he said.

Two senators. Same state, same party, same constituents.

"They have different sensibilities and different ambitions," said Jim Henson, director of the Texas Politics Project at the University of Texas at Austin. "You run on different sets of issues when you run for governor vs. when you run for Senate. ... He is by nature a more conservative guy on those issues than Hutchison, and he probably is thinking about shoring up his base for his upcoming race."

Ms. Hutchison won another term last year and won't be on the ballot again until at least 2010, when she may run for governor.

Besides, with the president's popularity so low – the chattering class in Washington was atwitter last week at a poll showing Americans more likely to believe in ghosts than to believe President Bush is doing a good job – there's no penalty for bucking the White House these days.

"It gets easier and easier and easier to break with the president every day," Mr. Henson said.

For most of his first term, Mr. Cornyn was an outspoken advocate of a "comprehensive" plan wedding a guest worker program with interior enforcement and heightened border security. But with the GOP base unhappy at the guest worker plan, and allegations that it provided "amnesty" for millions of illegal immigrants, he shunned the deal. Both he and Ms. Hutchison voted to shelve it in June.

Since then, Mr. Cornyn has dug into a security-first stance.

State Rep. Rick Noriega accused him of being disingenuous in claiming he opposed the DREAM Act because he wants to include it in a broader reform bill.

The Houston lawmaker last week became Mr. Cornyn's sole Democratic challenger, after San Antonio lawyer Mikal Watts dropped out. Mr. Noriega touts his support of a state version of the DREAM Act, asserting it has helped 10,000 children living in Texas stay in school. He accused Mr. Cornyn of flip-flopping to "exploit the education of Hispanic children" for political advantage.

"What we've seen is that he feels he has to pay homage to an ideological fringe," he said.

The death of the DREAM Act forebodes slim chances for other reforms before the new president and Congress take office in 2009.

"Hope springs eternal, but it looks worse and worse," said Mr. Gay.

He noted that most senators supported the DREAM Act, even though it fell short of the 60-vote supermajority needed.

"Yes, it's amnesty," he said. "It's amnesty for people whose parents committed a crime – forgiveness for the sins of the father. It just shows you where we are."

http://www.dallasnews.com/sharedcon...exwatch_28nat.ART.State.Edition2.42f2300.html

 

[QueEx]

Good Riddance

 

[thoughtone]

What about the Bush’s administrations attempt to get immunity for communication companies that illegally ease dropped on American citizen’s email and telephone conversions? That’s not important?

 

[QueEx]

Was that in the Dream Act ???

 

[thoughtone]

Was that in the Dream Act ???

No, Senator Dodd has blocked the vote on this issue, because many Democrats will vote to give this administration another free pass.

 

[QueEx]

That (immunity) shouldn't happen; unless, government assumes liability.