US Immigration

DREAM Act Updates - December 2010

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DREAM Act Updates - December 2010

DREAM Act defeated in the Senate
Unfortunately the most recent form of the DREAM Act failed to get the required 60 yea votes and was defeated in the Senate on December 18 2010. This means that minor illegal immigrants are still caught in a system they had no part in making. Brought to the United States by their parents, the children did not have a choice in becoming undocumented immigrants. As children they face any number of challenges that permanent residents do not like getting an education and basic health care. However, the fears of at least 41 Senators are that providing this path to legalization is simply rewarding illegal behavior and encouraging the continued illegal crossings of the border. Another concern, one expressed by Senator Kay Bailey Hutchison is the risk of daisy chain legalization. Her concern is the ability of the minors who successfully complete the program sponsoring their parents. This in essence extends legal immigration beyond the targeted group covered by the DREAM Act. The fact that the current Act has a twelve year waiting period before a newly legalized DREAM Act participant could sponsor anyone apparently did not dissuade the Senator's opinion. The response to the defeat was met with reaction from both sides of the issue. Those against any form of legalization called it a victory while those who are sympathetic to the minor immigrants held candle lit vigils. The real response will occur in the 2012 elections when people of both opinions will be able to vote for representatives who favor their position.

What is the DREAM Act?
The DREAM Act basically provided a path to legalization and permanent resident status for a specific class of minor immigrants. Assuming they qualified for the program, minors wishing to participate would have a conditional residency status for a period of six years in which they had to attend at least two years at a college or university or serve at least two years in the armed forces. Once the minimum requirement was met, the participant could apply for permanent resident status. This is not the first defeat for the DREAM Act. It has been voted on by several congresses before and at this point still remains just a dream to the immigrants it was designed to assist. With all of the distractions that face the nation in 2011 it will be surprising if the DREAM Act is reintroduced until 2012.

Out of Options
With no other option available to them, minors who want to live their lives in the U.S. as legal residents must first leave their families and return to their country of origin where they will have to wait a minimum of two years and a maximum of ten before they can apply for immigration to the States. Even then there is no guarantee a visa will be issued. Given that illegal immigration is such a hotly contested issue, and that there have been several amnesty programs in the past, remaining in the States illegally and hoping for positive legislative developments may seem more attractive than leaving the family and moving back to the country of origin. Either way, the illegal minor has to make a choice because of a status that they had no part in deciding on.