2nd attempt Section by section summary...

Section-by-Section Summary of the DREAM Act of 2007 (H.R. 1275)

Note: There are some (mostly minor) differences between the House and Senate versions of this bill.
You can refer to my other document comparing the two.


SECTION 1. SHORT TITLE.

Contains the short title (the “American Dream Act”).


SECTION 2. DEFINITIONS.

Would provide that “institution of higher education” is defined by the Higher Education Act of 1965. 20 U.S.C. Sec. 1001 and that “uniformed services” is defined by 10 U.S.C. 101(a).


SECTION 3. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES OF HIGHER EDUCATION BENEFITS.

Would repeal Sec. 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1623. This provision discourages states from providing resident tuition to undocumented aliens. Repealing this provision restores each state’s ability to make its own residency rules without being required to provide benefits to persons who do not live in the state. States would not be compelled to offer in-state tuition to undocumented aliens.


SECTION 4. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS CHILDREN.

Would provide that an alien who is inadmissible or deportable from the United States may adjust his or her status to become a conditional lawful permanent resident for an initial conditional period of six years, at the end of which the alien may earn permanent resident status without conditions if he or she:

* Has been continuously present in the United States for at least five years prior to enactment,
* Was under 16 years of age at the time of entry,
* Has graduated from high school or obtained a GED in the United States, or has been admitted to an institution of higher education in the United States;
* Can demonstrate good moral character since the time of filing of the DREAM Act application; and
* Is not inadmissible or deportable under specifically enumerated grounds. (See below.)

Applicable Grounds of Inadmissibility and Deportability

Only the following grounds of inadmissibility and deportability shall apply to eligible aliens under this section:

* Inadmissibility under INA § 212(a)(2), crimes; (3), security; or (6)(E), helping an alien to enter the U.S. unlawfully
* Deportability under INA § 237(a)(1)(E), helping an alien to enter the U.S. unlawfully; (2), crimes; or (4), security

Waiver of Applicable Grounds of Inadmissibility and Deportability

There would be a limited waiver applicable to the following grounds of inadmissibility and deportability specified above only if the Department of Homeland Security (DHS) determines that the person’s removal would result in extreme hardship to the person, the person’s child, or (in the case of a person who is a child) to the person’s parent: INA § 212(a)(2), INA § 237(a)(1)(E) and (2)

Application Procedures

Persons may apply affirmatively for the benefits of the DREAM Act without being placed in removal proceedings.

Persons previously ordered deported would not eligible for adjustment of status, except for those who remained within the United States under color of law or who received the deportation order while under the age of sixteen. (SENATE VERSION ONLY)

Breaks in Continuous Presence

An alien shall not be consid¬ered to have failed to maintain continuous physical presence in the United States by virtue of brief, casual, and inno¬cent absences from the United States.

The DHS may waive breaks in presence beyond brief, casual, or innocent absences for humanitarian pur¬poses, family unity, or when it is otherwise in the public interest. Being placed in removal proceedings by the DHS will not break the person’s required presence in the U.S. and he or she will still be able to apply under the DREAM Act.

Other provisions

Other provisions of Section 4 would provide that: (1) persons who adjust status under its provisions will not count against the numerical limitations applicable to other categories of cancellation of removal; (2) the DHS must publish proposed regulations within 180 days of enactment, which will immediately take effect on an interim basis, to be followed by final regulations within the next 90 days; and (3) aliens may not be removed while they have a pending application for conditional status under the Act.


SECTION 5. CONDITIONAL PERMANENT RESIDENT STATUS.

Would provide the requirements and mechanism by which conditional residents, after six years, may meet the conditions of the Act and become permanent residents without conditional status.

a) complete at least two years towards a bachelor's degree or higher program, earn a degree from an institution of higher education, or
b) serve honorably in the military for at least two years.

Individuals granted conditional residency would be notified by the DHS about what is required of them to gain permanent LPR status under the Act. However, a lack of notification would not provide grounds for lack of enforcement (should the applicant not follow the rules), not would it provide grounds for a lawsuit.

Other requirements for applicants

Applicants would be required to continue to meet the requirements for admissibility and good moral character listed in Section 4. The alien must not have become a public charge during the six-year period nor received a less than honorable discharge from the military.

Applicants would also be required to have maintained continuous residence in the United States. The DHS shall presume that the alien has aban¬doned such residence if the alien is absent from the United States for more than 365 days, in the aggregate, during the period of conditional residence, unless the alien demonstrates that alien has not abandoned the alien’s residence. The continuity of a person’s residence is not affected if they are serving overseas in the U.S. military.

If a person does not meet the requirements and has their conditional status terminated, they would immediately revert to the status they held prior to their being touched by the DREAM Act.

An individual would be able to petition to have their conditional status removed within a 2-1/2 year window – half a year before their 6 years is up, or up to 2 years afterward. The petition must show the applicant has complied with the provisions of this section; it also most include a list of all the secondary schools they attended in the U.S.

Hardship exceptions and extensions

For good cause, the DHS would be able to extend the 6-year window in order to give a person more time to complete their schooling or military service requirements.

The DHS would be able to remove the conditional status of a person, if the person i) demonstrates compelling circumstances for the inability to complete the requirement of either higher education or military service, and ii) demonstrates that the person’s removal from the U.S. would result in exceptional and extremely unusual hardship to the person or the person’s spouse, parent, or child who is a US citizen or lawful permanent resident of the U.S.

If the applicant were to successfully complete the enumerated requirements, the six-year conditional period would also satisfy the residency requirements for naturalization, subject to the other limitations set forth in the INA.


SECTION 6. APPLICABILITY.

Would provide that if at the time of enactment an alien has already satisfied all requirements under sections 4 and 5 (i.e., satisfied the higher education or military service requirements and all other requirements) then that alien would be able to adjust to permanent resident status without returning to school or serving in the military again.

Those who would benefit from this section would be required to undergo the six-year conditional period and comply with all other requirements.


SECTION 7. EXCLUSIVE JURISDICTION.

The Secretary of Homeland Security would have jurisdiction to adjudicate affirmative applications for benefits, but the jurisdiction would transfer to the EOIR under the DOJ when the applicant is in removal proceedings. DREAM Act benefits will be available defensively to those in proceedings.

Children 12 years of age or older who satisfy all other requirements of this act and who are still enrolled full time in school would be granted a stay of proceedings by the Attorney General. To the extent permissible under existing law, a child whose removal proceedings are stayed would be eligible to obtain work authorization. Section 7 would not preempt any existing federal or state labor laws, including laws governing minimum age to work.


SECTION 8. CONFIDENTIALITY OF INFORMATION.

Information furnished by the applicant would be confidential.

The Government would not be permitted to use information gathered in processing an application under the DREAM Act to initiate removal proceedings against anyone identified in the application.

However, the Attorney General or the Secretary of Homeland Security would be required to provide information to any law enforcement entity investigating any of the crimes or national security violations that render an immigrant inadmissible under the INA, when such information is requested by the law enforcement entity. Information also would be provided to a coroner for the purpose of identifying a deceased person.

The government may not publish material where the information furnished by an individual is identifiable.

Violation of the confidentiality provisions of this section would lead to a fine of up to $10,000.


SECTION 9. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON ADDITIONAL FEES.

Would require applications under the DREAM Act to be considered on an expedited basis and without any additional fee for such expedited processing.


SECTION 10. HIGHER EDUCATION ASSISTANCE.

Would limit the types of federal financial assistance for higher education that conditional permanent residents under the DREAM Act may receive. They would be eligible for noncash services (such as tutoring, child care, etc.) under Title IV of the Higher Education Act of 1965 (HEA), student loans under Parts B and D of HEA, and work study programs under Part C of Title IV of HEA. They would be ineligible for financial assistance under any other provision of HEA, including Pell Grants or other grants or scholarships.


SECTION 11. GAO REPORT.

Would require the Government Accounting Office (GAO) to produce a study, seven years after enactment, concerning the number of aliens who apply for and receive benefits under this Act.

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This summary is based in large part on the great summary of a prior versionof the DREAM Act written by Josh Bernstein, Director of Federal Policy | [email protected] | 202-256-4335, National Immigration Law Center (NILC)
Mark Silverman, Director of immigration Policy. Immigrant Legal Resource Center (ILRC)