Friday, November 23, 2012

The Dream Act Vs Deferred Action for Childhood Arrivals


It's important not to confuse the two programs because they are not one of the same. The Dream Act, otherwise known as "Development, Relief, and Education for Alien Minors," is a legislative proposal, if enacted, would have afforded conditional permanent residency to certain undocumented immigrants. This law would have required that eligible applicants are of good moral character, graduate from an American high school, obtain a GED, are admitted to a community college or a four-year university, join the military, arrive in the United States before age 16, be between the ages of 12 and 35 at the time the bill is enacted, live in the country continuously for at least five years prior to the date of arrival, and if male, register with the Selective Service.

For the first six years, successful applicants would be given "conditional" status to live and work in the United States. They would further be required to satisfy at least one of the following three conditions prior to being permitted to obtain permanent residency: 1. graduate from a two-year community college; 2. complete at least two years towards a four-year degree; 3. serve two years in the U.S. military. Upon successful completion, the applicant would become eligible to apply for permanent resident status to legally reside in the United States. During this conditional period, though the approved applicant would not be eligible to apply for federal grants, he/she would be permitted to apply for student loans and work study. At the end of the conditional period, if the applicant satisfies all of the conditions, in addition to permanent residency, the applicant would eventually be permitted to become a U.S. citizen.

Because Congress has not been able to enact this bill after multiple attempts, on June 15, 2012 the President of the United States signed an executive order known as the "Deferred Action for Childhood Arrivals" (DACA) to provide some of the same benefits to the undocumented immigrants who would have benefited under the Dream Act. The eligibility requirements under DACA are the same as those in the proposed Dream Act. But unlike the dream act proposal, DACA only provides two of the benefits in the Dream Act to eligible applicants: removal of the fear of deportation for two years, and the opportunity to apply for work authorization. It does not, however, confer any legal status on eligible applicants or provide a path to legalization. Moreover, because DACA is an executive order, unlike the Dream Act, the president of the United States can change it at any time without congressional approval.




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