Senate Majority Leader Harry Reid blogged on Tuesday, September 14, 2010, that he will add the DREAM Act (Development, Relief and Education of Alien Minors Act) to next week's Defense Authorization Bill the Senate will take up.  Senator Reid stated, "This amendment will ensure that millions of children who grow up as Americans will be able to get the education they need to contribute to our economy. Students who come to America before age 16 and who have been here for five years should be able get their green card after they go to college or serve in the military." 

The DREAM Act has been suggested, proposed and kicked around Congress for several years now without ever being passed.  Senator Reid's amendment to a bill which often passes with bipartisan support is the closest the DREAM Act has come to actually being enacted.  If enacted, the DREAM Act will give thousands of young immigrants who have grown up in the United States an opportunity to pursue the American dream. 

Undocumented immigrant children will qualify for conditional residency if they grew-up in the U.S., graduated from high school, and can demonstrate good moral character.  Additionally, applicants must establish they entered before their sixteenth birthday, lived in the U.S. for at least 5 years prior to the bill’s enactment, and are persons of good moral character. Applicants would not qualify if they committed certain crimes, pose a security risk, or are inadmissible or removable on other grounds.  The conditional residency period is six years.  Permanent resident status will be granted after six years provided the conditional resident attended college, joined the military, or performed a significant amount of community service.

In addition to the DREAM Act providing a pathway to legal permanent residency, the bill also repeals section 505 of the Illegal Immigrant Reform and Immigrant Reconciliation Act of 1996 (IIRIRA).  Section 505 prohibits states from providing any higher education benefit based on residency to unauthorized immigrants unless they provide the same benefit to U.S. citizens in the same circumstances, regardless of their residence.

This Act provides a one-time only fix that would not encourage illegal immigration.  DREAM Act beneficiaries will make up part of the educated workforce needed to help the U.S. compete in the global economy.  In our globalized world, their multilingual and bicultural skills, and contributions are more important than ever to the success and global competitiveness of the United States.  They will also perform important public services by serving in our military and providing multilingual and bicultural skills, and contributions are more important than ever to our military operations.  The DREAM Act works for children and the United States by providing them the opportunity to continue their education, to continue contributing to society, and to legalize their status.  We trust that when the Senate and House convene to take up the Defense Authorization Bill, that they will recognize the DREAM Act's benefit to the United States and these children.

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Author's Note: The analysis and suggestions offered in this column do not create a lawyer-client relationship and are not a substitute for the individual legal research and personalized representation that is essential to every case.

Robert L. Reeves is a licensed California attorney and is certified by the California State Bar as an Immigration and Nationality Law Specialist. He has been specializing in immigration law for over 30 years and is admitted to practice before the US Supreme Court, the US Court of Appeals for the Ninth Circuit, several US District Courts and California State Courts. He is the Managing Partner of Reeves & Associates with offices located in Pasadena, San Francisco, Las Vegas and Makati City – Unit 507 Tower One Ayala Triangle, also known as the Philippine Stock Exchange Plaza Makati , 6767 Ayala Avenue, Makati City, Philippines 1226 (corner Paseo de Roxas, beside Ninoy Aquino Monument). Philippine Contact Numbers: 759-6777 or Toll Free: 1-800-10-773-3837 E-mail: immigration@rreeves.com Website: www.rreeves.com