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The DREAM Act: Higher Education for Immigrant Students

The Issue

Many undocumented immigrant students were brought to this country by their parents as young children. They have grown up in the U.S., excelled in our public school system, and are culturally American. However, when it comes time to apply for college, many find the door to enrollment effectively shut because they lack legal immigration status. They are considered "foreign students," not eligible for the resident tuition rate at state-supported colleges and universities—even though they may have resided in a state for many years. The foreign-student tuition rate they must pay—and lack of access to any financial aid—deters many from furthering their education. Even if they are able to make it through school, they graduate without the legal right to work in this country. Recognizing that children should not be punished for the actions of their parents, and the very American value of rewarding individual merit and achievement, the Congress has introduced legislation to clear the path to a college degree and legal immigration status for certain of these students.

The Legislation

  • Development, Relief, and Education for Alien Minors (DREAM) Act
    S. 774, introduced on March 6, 2007, by Senator Richard Durbin (D-IL) and 10 original co-sponsors.
  • The American Dream Act
    H.R. 1275, introduced on March 1, 2007, by Representatives Howard Berman (D-CA), Lincoln Diaz-Balart (R-FL), Ileana Ros-Lehtinen (R-FL) and Lucille Roybal-Allard (D-CA).

The bills would eliminate the federal provision that discourages states from providing in-state tuition to resident undocumented graduates of the state's public schools. They would also make certain undocumented students eligible for a six-year conditional permanent resident status upon high school graduation. These students could then apply to have the conditional basis of their permanent residence status lifted after completing at least two years of higher education or serving for at least two years in the U.S. military.

Status

In late July 2007, with the Senate considering a Department of Defense Authorization bill, Republican Senators attempted to offer an immigration enforcement amendment to that bill. Democrats responded by offering a "second degree" amendment to the Republican immigration amendment that would have, among other things, attached the DREAM Act to the Defense bill. Neither amendment was accepted.

On September 26th, a second attempt to attach the DREAM Act to the Department of Defense Authorization bill was blocked by Republican Senators.

On October 24th, the Senate considered the DREAM Act (re-introduced as S. 2205) on it own merits. Republican Senators filibustered against the bill, and a procedural vote failed to gain the support of 60 Senators needed to stop a filibuster, and the Senate moved on to other business.

For more information

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