DREAM Act is a Dream Come True for Illegal Aliens

What about the illegal parents of the Illegal child in school? I suppose you think they should also be able to stay here, because after all, we can't send the parents home and keep the kid here by themself. How about the kid's little brother or sister who has only been here 4 years or less than 5 years, do you also want to keep them here? What about the kid's uncle and grandparents who are also living with the kid? I'm sure you would want them to stay so as not to break up the happy family.

What if the Illegal kid has only been here 3 years or 4 years or 4 1/2 years and is in school? I guess you would want them to stay since they "really haven't broken the law."

Where does it end? You are missing the fact that they shouldn't even be in the country to get into school in the first place. How about if we ask for proof of citizenship before even enrolling in the school system from the very first day. Not a citizen, no school, deported. End of story.

They were minors.

Oh, so minors cannot break the law? They shouldn't be in the country to get into school!

"What about the illegal parents of the Illegal child in school? I suppose you think ..."
Find someone who cares what you "suppose" they think.

Requirement for permanent residency:
"(i) The alien has acquired a degree from an institution of higher education or has been a student in good standing for at least 2 years in a program for a bachelor's degree or higher degree.
(ii) The alien has served in the Armed Forces of the United States for at least 2 years and, if discharged, has received an honorable discharge.
(iii) The alien has performed at least 910 hours of volunteer community service in a program of an organization that has been determined to be eligible to receive funds from the Combined Federal Campaign administered by the United States Office of Personnel Management or a program approved by the Secretary of Homeland Security in consultation with the Director of U.S.A. Freedom Corps. "

The "community service" loophole should be dropped, but otherwise this is just the kind of immigrant we DO want.
The temporary conditional status of six years should be shortened.

These minors are collecting WIC til age of 5, free health care, free housing, free education. Shouldn't we be good hearted and take in the minors from all over the world?

Ah, the non-sequitur- always a delight.

this is just the kind of immigrant we DO want.

The kind of immigrant we want is the kind who comes here legally, through the front door, not by breaking down the back door.

Let me restate:

You are missing the fact that they shouldn't even be in the country to get into school in the first place. How about if we ask for proof of citizenship before even enrolling in the school system from the very first day. Not a citizen, no school, deported. End of story.

It is the same with the drivers license for illegals issue. There should be no discussion about the need for a license or issuing a license, because the illegals should not be in the country in the first place to apply for the license.

You do not reward illegal behavior, it only begets more illegal behavior.

What would you say Dubya is doing to help with this particular issue?

The Bill:

SECTION 1. SHORT TITLE.

This Act may be cited as the `Development, Relief, and Education for Alien Minors Act of 2003' or `DREAM Act'.

SEC. 2. DEFINITION OF INSTITUTION OF HIGHER EDUCATION.

In this Act, the term `institution of higher education' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

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

(a) IN GENERAL- Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.

(b) EFFECTIVE DATE- The repeal described in subsection (a) shall take effect as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

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

(a) SPECIAL RULE FOR ALIENS IN QUALIFIED INSTITUTIONS OF HIGHER EDUCATION-

(1) IN GENERAL- Notwithstanding any other provision of law and except as otherwise provided in this Act, the Secretary of Homeland Security may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, subject to the conditional basis described in section 5, an alien who is inadmissible or deportable from the United States, if the alien demonstrates that--

(A) the alien has been physically present in the United States for a continuous period of not less than 5 years immediately preceding the date of enactment of this Act, and had not yet reached the age of 16 years at the time of initial entry;

(B) the alien has been a person of good moral character since the time of application;

(C) the alien--

(i) is not inadmissible under paragraph (2), (3), (6)(B), (6)(C), (6)(E), (6)(F), or (6)(G) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)), or, if inadmissible solely under subparagraphs (C) and (F) of paragraph (6) of such section by reason of a false representation of United States citizenship, the alien was under the age of 16 years when the representation was made and was not the principal applicant in the fraudulent or false application for benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); and

(ii) is not deportable under paragraph (1)(E), (1)(G), (2), (3)(B), (3)(C), (3)(D), (4), or (6) of section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a));

(D) the alien, at the time of application, has been admitted to an institution of higher education, or has earned a high school diploma or obtained a general education development certificate; and

(E) the alien has never been under a final administrative or judicial order of exclusion, deportation, or removal, unless the alien has remained in the United States under color of law or received the order before attaining the age of 16 years.

(F) The Secretary of Homeland Security may waive the grounds of ineligibility under section 212(a)(6) of the Immigration and Nationality Act and the grounds of deportability under paragraphs (1), (3), and (6) of section 237(a) of that Act for humanitarian purposes or family unity or when it is otherwise in the public interest.

(2) PROCEDURES- The Secretary of Homeland Security shall provide a procedure by regulation allowing eligible individuals to apply affirmatively for the relief available under this subsection without being placed in removal proceedings.

(b) TERMINATION OF CONTINUOUS PERIOD- For purposes of this section, any period of continuous residence or continuous physical presence in the United States of an alien who applies for cancellation of removal under this section shall not terminate when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act (8 U.S.C. 1229(a)).

(c) TREATMENT OF CERTAIN BREAKS IN PRESENCE-

(1) IN GENERAL- An alien shall be considered to have failed to maintain continuous physical presence in the United States under subsection (a) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days.

(2) EXTENSIONS FOR EXCEPTIONAL CIRCUMSTANCES- The Secretary of Homeland Security may extend the time periods described in paragraph

(1) if the alien demonstrates that the failure to timely return to the United States was due to exceptional circumstances. The exceptional circumstances determined sufficient to justify an extension should be no less compelling than serious illness of the alien, or death or serious illness of a parent, grandparent, sibling, or child.

(d) EXEMPTION FROM NUMERICAL LIMITATIONS- Nothing in this section may be construed to apply a numerical limitation on the number of aliens who may be eligible for cancellation of removal or adjustment of status under this section.

(e) REGULATIONS-

(1) PROPOSED REGULATIONS- Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall publish proposed regulations implementing this section. Such regulations shall be effective immediately on an interim basis, but are subject to change and revision after public notice and opportunity for a period for public comment.

(2) INTERIM, FINAL REGULATIONS- Within a reasonable time after publication of the interim regulations in accordance with paragraph (1), the Secretary of Homeland Security shall publish final regulations implementing this section.

(f) REMOVAL OF ALIEN- The Secretary of Homeland Security shall not remove any alien who has a pending application for conditional status under this Act.

SEC. 5. CONDITIONAL PERMANENT RESIDENT STATUS.

(a) IN GENERAL-

(1) CONDITIONAL BASIS FOR STATUS- Notwithstanding any other provision of law, and except as provided in section 6, an alien whose status has been adjusted under section 4 to that of an alien lawfully admitted for permanent residence shall be considered to have obtained such status on a conditional basis subject to the provisions of this section. Such conditional resident status shall be valid for a period of 6 years, subject to termination under subsection (b).

(2) NOTICE OF REQUIREMENTS-

(A) AT TIME OF OBTAINING PERMANENT RESIDENCE- At the time an alien obtains permanent resident status on a conditional basis under paragraph (1), the Secretary of Homeland Security shall provide for notice to the alien regarding the provisions of this section and the requirements of subsection (c)(1) to have the conditional basis of such status removed.

(B) EFFECT OF FAILURE TO PROVIDE NOTICE- The failure of the Secretary of Homeland Security to provide a notice under this paragraph--

(i) shall not affect the enforcement of the provisions of this Act with respect to the alien; and

(ii) shall not give rise to any private right of action by the alien.

(b) TERMINATION OF STATUS-

(1) IN GENERAL- The Secretary of Homeland Security shall terminate the conditional permanent resident status of any alien who obtained such status under this Act, if the Secretary determines that the alien--

(A) has violated any provision of subparagraph (B) or (C) of section 4(a)(1);

(B) has become a public charge; or

(C) in the case of an alien who received conditional permanent resident status under section 4(a)(1)(B), has received a dishonorable or other than honorable discharge from the Armed Forces of the United States.

(2) RETURN TO PREVIOUS IMMIGRATION STATUS- Any alien whose permanent resident status is terminated under paragraph (1) shall return to the immigration status the alien had immediately prior to receiving conditional permanent resident status under this Act.

(c) REQUIREMENTS OF TIMELY PETITION FOR REMOVAL OF CONDITION-

(1) IN GENERAL- In order for the conditional basis of permanent resident status obtained by an alien under subsection (a) to be removed, the alien must file with the Secretary of Homeland Security, in accordance with paragraph (3), a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and information described in subsection (d)(1).

(2) ADJUDICATION OF PETITION TO REMOVE CONDITION-

(A) IN GENERAL- If a petition is filed in accordance with paragraph (1), the Secretary of Homeland Security shall make a determination as to whether the facts and information described in subsection (d)(1) and alleged in the petition are true with respect to the eligibility of the alien.

(B) REMOVAL OF CONDITIONAL BASIS IF FAVORABLE DETERMINATION- If the Secretary of Homeland Security determines that the facts and information alleged in the petition are true, the Secretary of Homeland Security shall so notify the alien and shall immediately remove the conditional basis of the status of the alien.

(C) TERMINATION IF ADVERSE DETERMINATION- If the Secretary of Homeland Security determines that such facts and information alleged in the petition are not true, the Secretary of Homeland Security shall so notify the alien and shall terminate the permanent resident status of the alien as of the date of the determination.

(3) TIME TO FILE PETITION- An alien may petition to remove the conditional basis to lawful resident status during the period beginning 180 days before and ending 2 years after either the date that is 6 years after the date of the granting of conditional resident status or any other expiration date of the conditional resident status as extended by the Secretary of Homeland Security in accordance with this Act. The alien shall be deemed in lawful status

in the United States during the period in which the petition is pending.

(d) DETAILS OF PETITION-

(1) CONTENTS OF PETITION- Each petition under subsection (c)(1) shall contain the following facts and information:

(A) The alien maintained good moral character during the entire period the alien has been a conditional permanent resident.

(B) The alien continues to be in compliance with subparagraphs (B) and (C) of section 4(a)(1).

(C) The alien has maintained continuous physical residence in the United States since adjustment of status to that of a conditional permanent resident. For the purpose of determining continuous physical presence under this subparagraph, section 4(c) shall apply.

(D) The alien has completed at least 1 of the following:

(i) The alien has acquired a degree from an institution of higher education or has been a student in good standing for at least 2 years in a program for a bachelor's degree or higher degree.

(ii) The alien has served in the Armed Forces of the United States for at least 2 years and, if discharged, has received an honorable discharge.

(iii) The alien has performed at least 910 hours of volunteer community service in a program of an organization that has been determined to be eligible to receive funds from the Combined Federal Campaign administered by the United States Office of Personnel Management or a program approved by the Secretary of Homeland Security in consultation with the Director of U.S.A. Freedom Corps.

(2) HARDSHIP EXCEPTION-

(A) IN GENERAL- The Secretary of Homeland Security may, in the Secretary's discretion, remove the conditional status of an alien if the alien--

(i) satisfies the requirements of subparagraphs (A), (B), and (C) of paragraph (1);

(ii) demonstrates compelling circumstances for the inability to complete the requirements described in paragraph (1)(D); and

(iii) demonstrates that the alien's removal from the United States would result in exceptional and extremely unusual hardship to the alien or the alien's spouse, parent, or child who is a citizen or a lawful permanent resident of the United States.

(B) EXTENSION- Upon a showing of good cause, the Secretary of Homeland Security may also extend the validity period of the conditional resident status for the purpose of completing the requirements described in paragraph (1)(D).

(e) TREATMENT OF PERIOD FOR PURPOSES OF NATURALIZATION- For purposes of title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.), in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence. However, the conditional basis must be removed before the alien may apply for naturalization.

SEC. 6. RETROACTIVE BENEFITS UNDER THIS ACT.

An alien who, prior to the date of enactment of this Act, has satisfied all the requirements of both sections 4 and 5, may petition the Secretary of Homeland Security for permanent resident status without first becoming a conditional resident.

SEC. 7. EXCLUSIVE JURISDICTION.

(a) IN GENERAL- The Secretary of Homeland Security shall have exclusive jurisdiction to determine eligibility for relief under this Act, except where the alien has been placed into deportation, exclusion, or removal proceedings either prior to or after filing an application for relief under this Act, in which case the Attorney General shall have exclusive jurisdiction and shall assume all the powers and duties of the Secretary of Homeland Security until proceedings are terminated, or if a final order of deportation, exclusion, or removal is entered the Secretary of Homeland Security shall resume all powers and duties delegated to the Secretary of Homeland Security under this Act.

(b) STAY OF REMOVAL OF CERTAIN ALIENS ENROLLED IN PRIMARY OR SECONDARY SCHOOL- The Attorney General shall stay the removal proceedings of any alien who--

(1) meets all the requirements for relief under this Act, except that the alien has not yet graduated from high school;

(2) is at least 12 years of age; and

(3) is enrolled full-time in a primary or secondary school.

(c) EMPLOYMENT- An alien whose removal is stayed pursuant to subsection (b) may be engaged in employment in the United States.

(d) LIFT OF STAY- The Attorney General shall lift the stay granted pursuant to subsection (b) if the alien--

(1) is no longer enrolled in a primary or secondary school; and

(2) fails to maintain prima facie eligibility for relief under this Act.

SEC. 8. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.

Whoever files an application for relief under this Act and willfully and knowingly falsifies, misrepresents, or conceals a material fact or makes any false or fraudulent statement or representation, or makes or uses any false writing or document knowing the same to contain any false or fraudulent statement or entry, shall be fined in accordance with title 18, United States Code, or imprisoned not more than 5 years, or both.

SEC. 9. CONFIDENTIALITY OF INFORMATION.

(a) PROHIBITION- No officer or employee of the United States may--

(1) use the information furnished by the applicant pursuant to an application filed under this Act for any purpose other than to make a determination on the application;

(2) make any publication whereby the information furnished by any particular individual pursuant to an application under this Act can be identified; or

(3) permit anyone other than an officer or employee of the Department of Justice or, in the case of applications filed under this Act with a designated entity, that designated entity, to examine applications filed under this Act.

(b) PENALTY- Whoever knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000.

SEC. 10. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.

Regulations promulgated under this Act shall provide that applications under this Act will be considered on an expedited basis and without a requirement for the payment by the applicant of any additional fee for such expedited processing.

SEC. 11. GAO REPORT.

Seven years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the Committees on the Judiciary of the Senate and the House of Representatives setting forth--

(1) the number of aliens who were eligible for cancellation of removal and adjustment of status during the application period described in section 4(a)(1)(A);

(2) the number of aliens who applied for adjustment of status under section 4(a);

(3) the number of aliens who were granted adjustment of status under section 4(a); and

(4) the number of aliens with respect to whom the conditional basis of their status was removed under section 5.

"You are missing the fact that they shouldn't even be in the country to get into school in the first place."
No, neither am I missing the point that it is not their fault that they are here illegally.

"How about if we ask for proof of citizenship before even enrolling in the school system from the very first day."
Fine with me, there obviously isn't the political will to do so however.

No, neither am I missing the point that it is not their fault that they are here illegally.

It may not be their fault, but they are criminals nonetheless. If there are no incentives (like free, American education for the children) for illegals, they will not come. Begin deporting them, and others will not want to come.

You so easily dismissed my previous questions. So I'll ask again. Under your plan, what would you do with those who do not fit the requirements? Would you keep the illegal kid who qualifies & deport his parents, other siblings who don't qualify, uncles, grandparents...? What if the kid is a day, or a month, or a few months short of qualifying? I draw it with the laws on the books. If illegal, then deported.

"What about the illegal parents"

Sec 4 (a) ...(F) The Secretary of Homeland Security may waive the grounds of ineligibility under section 212(a)(6) of the Immigration and Nationality Act and the grounds of deportability under paragraphs (1), (3), and (6) of section 237(a) of that Act for humanitarian purposes or family unity or when it is otherwise in the public interest.

Another loophole that should be taken out. Once the kid got into college or trade school this would be used to block removal of the parents.

So someone who snuck into the country gets a tuition break but my kids don't.

Yes, that is the "Deal" our fine RepublicRAT legislators are working on to send to the president for passage. Sickening isn't it?

Their message to American Citizens is: Shut Up! Get in the back of the line. And pay your Taxes...Or Else.

This is Tyranny in Action. The Sad Truth is our Government(s) no longer represents its Citizens any longer. They have become a power unto themselves.

Want to stop the madness? Vote out every RINO and Dim that supports this Treason in any way, shape or form.

My view: deport any illegal alien except in extreme cases. I don't see any point in further questions about my view.
Politically, my view will not hold sway.

Frankly I'm surprised there already isn't a mechanism for long-resident children to obtain legal status at their majority.

My view: deport any illegal alien except in extreme cases.

I guess I don't see an illegal getting at least 5 years of free education in America as an extreme case. Frankly they should be extremely lucky and grateful they got by with it for as long as they did. Ask for citizenship on day one of enrolling, and if the kid doesn't have proof, then they and their family are out of here.

Hey Hatch, ever dawn on you many American's have yet to see the American Dream? Why do you think homeschooling has flourished?!Dream this!

Was going to post his info but senate.gov is down?

"I guess I don't see an illegal getting at least 5 years of free education in America as an extreme case. "
Someone already beat you to the non-sequitur for this thread.

Well, at least there's the bill for anyone who cares to look at it.

Only in America do illegals get rewarded.

What a country!!!!!!

Only in America do I see illegals crossing the border for free breakfasts, free lunches, free education.

What a country!!!!!!!

Dubya ought to read the Luntz report that Georgie Anne Geyer writes about and then think about abolishing our borders. Davis got canned because of the liberal "ban the borders" mentality will the Dubya be the next to fall?

Was going to post his info but senate.gov is down?

Numbers U.S.A. is locked up too. Wonder if there is a connection? heh heh.

People are fed up with our so-called elected representatives selling America and its Citizens down the river to reward special interests. I think our politicos have a rude awakening in store for them. The CA recall was just the beginning.