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Dream Act: One more time

Posted on Jul 20 2017

Accredited Legal Representative Gail Martinson (left) helped Islam and Carolina apply for DACA status. Since receiving DACA, they have both graduated from school as certified nurse assistants, and have been able to get driver’s licenses, buy their first house, and begin payment for their son’s heart surgery.

They grew up here, went to school here, work here, pay taxes here, raise their own children here – let them become citizens. That’s the gist of the latest Dream Act, unveiled Tuesday (July 20) by Senators Lindsey Graham (R-SC) and Dick Durbin (D-IL). According to their one-page summary:

The Dream Act would allow these young people to earn lawful permanent residence and eventually American citizenship if they:

  • Are longtime residents who came to the U.S. as children;
  • Graduate from high school or obtain a GED;
  • Pursue higher education, work lawfully for at least 3 years, or serve in the military;
  • Pass security and law enforcement background checks and pay a reasonable application fee;
  • Demonstrate proficiency in the English language and a knowledge of United States history; and
  • Have not committed a felony or other serious crimes and do not pose a threat to our country.

This Dream Act is a successor to about a dozen earlier Dream Acts. Senator Dick Durbin and Senator Orrin Hatch (R-UT) introduced the first one in 2001. A 2010 version passed the House of Representatives, which then had a Democratic majority, but couldn’t pass the Senate.

Continuing failure to get  a Dream Act passed led to President Obama’s 2012 action establishing Deferred Action for Childhood Arrivals, more often known as DACA. Only Congress can establish a path to legal permanent residence and citizenship, so DACA works only as an order to defer deportation and allow a two-year work permit. DACA allowed two-year renewals of status in 2014 and 2016. Currently, about 800,000 young people have DACA protection.

DACA is under threat from a group of states led by Texas, who say they will mount a legal challenge to end DACA unless the president stops all renewals and new applications by September 5. It’s not clear whether the Trump administration will instruct the attorney general to defend DACA against such a lawsuit.

Despite Trump saying last week that Congress should solve the problem of Deferred Action for Childhood Arrivals (DACA) recipients through legislation, his aides said yesterday that he would oppose the Dream Act legislation.

For more information:

Here is the draft of a new ‘DREAM Act’ that Trump is already rejecting (McClatchey, 7/20/17)

“These kids are running out of asphalt. They’re running out of runway,” Graham of South Carolina said Thursday when announcing the legislation. “They came out of the shadows at the invitation of their government. They’ve identified themselves and their legal standing is now in question. It becomes an almost moral decision.”

Trump’s Sympathy For Dreamers Doesn’t Extend To Actual Legislation To Help Them (Huffington Post, 7/20/17)

“Graham said he thinks many Republicans would be in favor of allowing Dreamers to stay, especially if Kelly presented them with a plan to secure the border and deport criminals and other bad actors. If Trump assured the public the border was secure, Graham said, Republicans would believe him and be more willing to move forward.”

Valdez: Does this new, bipartisan Dream Act stand a chance? (Arizona Central, 7/19/17)

“Bipartisan compassion. Believe it or not.

“Can this thin vapor survive in an atmosphere thick with the venomous smoke of far-right wrath?

“The future of hundreds of thousands of young people depend on its survival. So does the soul of a great country.”

Graham tells Republicans “moment of reckoning” is coming on Dream Act (CBS, 7/20/17)

“The question for the Republican Party is, what do we tell these people? How do we treat them? Here’s my answer. We treat them fairly. We do not pull the rug out from under them,” Graham said, adding those immigrants, “are no more connected with a foreign country than I am.”

“So to President Trump, you’re going to have to make a decision,” Graham said. “The campaign is over. To the Republican Party, who are we? What do we believe? The moment of reckoning is coming. When they write the history of these times, I’m going to be with these kids.”

Durbin, Graham file Dream Act, hoping to ward off legal challenge to DACA (Washington Post, 7/20/17)

“Durbin said he is actively engaged with the White House on the issue. He first filed “dreamer” legislation 16 years ago; other versions passed the House in 2010 and in the Senate, as part of a larger immigration bill, in 2013. But no bill has ever been passed by both chambers.”