DREAM Act and its impact

dream-act

The DREAM Act was born as a proposed bill in 2001 and has since generated much controversy among representatives of the United States Congress. The proposal has been presented multiple times, but its discussion within the US Congress had been unsuccessful, which is why, in 2012, President Barack Obama promulgated a Deferred Action for Childhood Arrivals (DACA, for its acronym in English) Decree to alleviate temporarily the immigration problem caused by the non-approval of the DREAM bill.

Later, in the administration of President Donald Trump, the project was completely paralyzed, because the president didn’t agree to make the measures in terms of immigration more flexible, estimating the possible annulment and cancellation of immigration programs.

Currently, under the administration of President Joe Biden, there have been changes to the strict immigration policies of the previous administration of President Donald Trump. The DREAM Act has once again been the subject of discussion, but this time, on March 18, 2021 after an arduous debate, the bill has been voted in favor by the House of Representatives, which would give way to that after many years achieve the approval of this legislation, which would finally open the way for many immigrants to fulfill the materialization of their long-awaited “American dream”.

What is the DREAM law?

The Development, Aid and Education for Alien Minors Act (DREAM, for its acronym in English), also known as the Dream Act; is an immigration reform project that seeks to provide legal residency and finally US citizenship, to all undocumented immigrants who arrived in North American territory during their childhood and who qualify to be beneficiaries, according to the requirements for the legalization of their immigration status.

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After its approval in March of this year, by the House of Representatives of the North American Congress with 228 votes in favor, the bill must now go to the Upper House, which is the governmental body in charge of defining the fate of this proposal.

Who are the “Dreamers”?

They are minors under 18 years of age, beneficiaries of DREAM, who are known as “Dreamers”, who were illegally taken to the United States and who have remained since their arrival in American territory. Dreamers would be granted conditional permanent resident status for a period of 10 years and are expected to complete high school, complete at least 2 years of postsecondary education or business school, or serve in the military for 2 years.

What requirements are necessary to be eligible to be a DREAM beneficiary?

The necessary requirements to consider a person as an eligible candidate to be a beneficiary of the DREAM Act are the following, although new legislation could change or modify them:

  • Age: have entered the United States before reaching the age of 18.
  • Physical and continuous presence within the American territory: live continuously within the country, at least, for a period of 5 years before the effective date of the Law.
  • Education: demonstrate that they have been admitted to a higher education program or that they have obtained or are in the process of obtaining a diploma of secondary education (High School) or its equivalent.
  • Security check: you must demonstrate good moral character, have no criminal record, and if you are a man, you must register for the Selective Service.

In addition to these requirements, Dreamers must demonstrate their ability to read, write and speak the English language fluently; as well as they must know the history of the country, laws, principles and forms of the American government.

Could the DREAM Act be considered an immigration amnesty?

This is a matter that is under discussion. DREAM is an immigration reform that seeks to implement solutions for the current immigration system, granting undocumented immigrants who qualify to be beneficiaries, a status that allows them to live, study and work legally in the American territory. It’s for this reason that the DREAM Act can be seen as a kind of immigration pardon, granted even with the knowledge that immigration laws were violated.

What is the difference between DREAM and DACA?

The DREAM Act is a bill in the process of approval, on the other hand, DACA is an existing program that establishes a deferred action for those who arrived in the United States during their childhood and that delays their deportation for 2 years, each time they the beneficiary requests its renewal; however, unlike DREAM, it does not offer the applicant the possibility of being a permanent legal resident or a US citizen.

What repercussions would the DREAM Act have to pass?

There are many opinions in this regard, so it’s necessary to address various points of view about a subject as complex as that of the immigration policies of the United States. If the DREAM Act is approved, many immigrants who so far are in an irregular situation could benefit, representing a hope of a better life for thousands of Dreamers, including those who are under the protection of programs such as DACA (Deferred Action for Childhood Arrival), DED (Deferred Forced Departure) and TPS (Temporary Protected Status).

As for political, economic and social interests, the issue is a bit hot and controversial. Democrats and Republicans have different views on the pros and cons of passing the DREAM Act. For the former, the Law represents the defense of the fundamental rights of people in a state of vulnerability, which they feel as an important and fundamental part of the country; for the latter, it is even more complex, since they consider that granting benefits to people who entered the United States illegally represents a violation of immigration laws, as well as they consider that it could be a trigger for a possible security emergency border.

At the moment in the border limits of the United States there are miles of immigrants who want to reach the American territory and it is probable that this number will increase even more. The most conservative politicians believe that with the approval of the bill, the illegal entry of undocumented people will increase and that this will generate an imminent danger to national security, as well as could have significant consequences in economic and social matters.

For all these reasons, it’s imperative and necessary that a consensus be reached between both sides, which allows balancing the balance in favor of all, thus creating a promising future in the development of the nation and a tangible and emotional well-being for all those dreamers who refuse to give up on achieving their “American dream”.

At Tramites de Inmigracion USA Corp we remind you that US immigration policies are very complex and it’s best to act with caution and not be fooled. We put at your disposal a team of lawyers specialized in immigration law, who will advise and clarify your doubts and concerns about the DREAM Law project, will guide you in each step and will provide you with all the necessary legal assistance that you require in your immigration process.

If you think that the American dream is for you or for one of your relatives, don’t hesitate to contact us! Call now!

Contact us at 1 (786) 776-7152 or 1 (786) 786-5088.

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