The DREAM Act Policies Preceding the Dream Act and Why Comprehensive Immigration Reform Has Been Unsuccessful

Timeline of Immigration Policy Since 1986 Personal Responsibility and Work Opportunity Reconciliation Act Nicaraguan Adjustment and Central American Relief Act Intelligence Reform and Terrorism Prevention Act/ Operation “Endgame Started” NAFT/Operation Safe Guard /Operation Gatekeeper Immigration and Customs Enforcement Created Comprehensive Immigration Reform Bill Immigration Reform and Control Act Dream Act Introduced/USA Patriot Act Operation Blockade/ Hold the Line ICE’s reform of 287(g) Program Immigration Act of 1990 Homeland Security Act Immigration Bill 1986 1989 1990 1993 1994 1996 1997 2001 2002 2003 2004 2006 2007 2009

1986 Immigration Reform and Control Act (IRCA) Ronald Reagan Granted amnesty to roughly 3 million illegal aliens who were able to prove continuous residence in the United States since January 1,1982. Raised the annual immigration ceiling to 540,000 Required employers to verify immigration status of workers hired. H-2 temporary worker program split between H-2A (agriculture) and H-2B (nonagricultural) workers.

Tightening Border Control— 1990s Prevent Illegal Immigration Through Deterrence: Operation Blockade Operation Hold the Line Operation Gatekeeper

Immigration Act of 1990
 The annual immigration ceiling was further raised to 700,000 for 1992, 1993,and 1994. Following 1994, the ceiling would drop to 675,000 a year. Ten thousand permanent resident visas were offered to those immigrants agreeing to invest at least $1 million in U.S. urban areas or $500,000 in U.S. rural areas. The McCarran-Walter Act of 1952 was amended so that people can no longer be denied admittance to the United States on the basis of their beliefs, statements, or associations.

Immigration Acts of 1996 A busy year for immigration reform, stemming primarily from fears from the 1993 bombing of the World Trade Center and 1995 Oklahoma City bombing.  Personal Responsibility and Work Opportunity Reconciliation Act Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) Antiterrorism and Effective Death Penalty Act

9/11 and The USA Patriot Act 9/11 attack on the WTC created widespread national security fears Increase in restrictive immigration policy The Patriot Act-2001 Homeland Security Act-2002 Immigration and Customs Enforcement Created-2003 Operation Endgame-2004 In 2005, a Homeland Security Spending Bill increased funds for immigration law enforcement to $10 billion. New ICE Strategy Introduced-2008

Attempts at Comprehensive Immigration Reform Secure America and Orderly Immigration Bill-2005 Comprehensive Immigration Reform Bill-2006 Immigration Bill-2007 


Challenges Facing Comprehensive Immigration Reform Reframing the issue from immigration to an issue of border protection 9/11- Increasingly restrictive policy Linking immigration with terrorism Weakens any attempt at comprehensive immigration reform, including the DREAM Act

Public Education and Undocumented Immigrants 1982 Plyler v. Doe Education access from kindergarten through twelfth grade Supreme Court addressed issue of denying free public education to illegal students Texas Some school district denying illegal students access to education Others charged a fee to attend school Violated Equal Protection Clause of Fourteenth Amendment

Public Education and Undocumented Immigrants Higher Education Immigration Act of 1996 Requires educational institutions to provide the Immigration and Naturalization Service information on foreign students Regardless of length of residency, unable to receive in-state tuition Diminished access to higher education for young immigrants

Development, Relief and Education for Alien Minors Act DREAM Act “The DREAM Act does not grant citizenship. Rather, it provides a pathway to earn one’s citizenship.” –Paul Ortiz, Director of UF’s Samuel Proctor Oral History Program National Immigrant Law Center estimates 50,000- 65,000 undocumented students graduate U.S. high schools each year

The DREAMers Played no role in their illegal arrival in the U.S. In general- brought to the United States as young children, speak English, consider themselves Americans, and will live the rest of their lives in this country http://www.thedreamiscoming.com/media/dc-dreamers

Consistent Terms of the DREAM Act Provides a route to naturalization for certain illegal and deportable individuals who: Arrived in the US illegally prior to age 16 Have been in the country continuously for at least five years prior to the bill's enactment Have been a person of good moral character Has been admitted to an institution of higher education in the US or has attained a high school diploma or GED Satisfying these conditions would allow the individual temporary residency for a period of time during which they must: Acquire a degree from an institution of higher education in the United States or complete at least 2 years, in good standing, in a program for a bachelor's degree or higher degree in the United States An individual may apply for permanent residence after the conditional period

The DREAM Act continued Initial Version introduced on August 1st, 2001: Main Goals: “To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to determine State residency for higher education purposes and to authorize the cancellation of removal and adjustment of status of certain alien college-bound students who are long-term United States residents.” Allows for Conditional Permanent Residence Status Eventual opportunity to remove the conditional status and become a naturalized citizen

Changes to the DREAM Act continued… A later version introduced on July 31st, 2003 Major Changes Introduced: Establishes that an individual must have been under 16 on the date of their entry to the US Establishes a period of 6 years for the conditional permanent residence status Establishes terms for the termination of the conditional permanent resident status Those who served at least two years in the Armed Forces are eligible for petition status

Changes continued Version introduced on March 6th, 2007: Major Changes Introduced: Establishes terms of higher education assistance Version introduced on March 26, 2009: Major Changes: Establishes 35 as the maximum age of applicants at the time the act is enacted.

Latest Version of DREAM Act December 1st, 2010 Major Changes: Increases the period of conditional nonimmigrant status from 6 years to 10 years. Prevents individuals from benefitting from a broad range of public benefits, including the recent health care reform. Does not repeal the federal law limiting how states can provide in-state tuition to undocumented immigrants. Applicants must be younger than 30 on the date of the DREAM Act’s enactment. Vocational institutions included under “institution of higher learning.” Applicants must show good moral character since the time they entered the U.S. (rather than since the time of application). Makes applicants subject to more grounds of inadmissibility, deportability, and other restrictions.

Opposition to the DREAM Act Belief that the act rewards illegal activity Would encourage continued illegal immigration View of The DREAM Act as amnesty Fear that it would take education spots away from American students and make it more difficult for them to obtain tuition assistance Addition of stipulations in bill about the types of aid they can receive during conditional status “I think that it must be part of an overall comprehensive solution to immigration once we have the border secured, and not until then.” --Sen. Ben Nelson, D-Neb.

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