Thursday, July 1, 2010

The D.R.E.A.M. Act

Obama was on the news this mornig talking about immigration reform.  The basic rundown was like this:
1) Obama said he wants immigration reform
2) Obama said he supports the D.R.E.A.M Act
3) Obama said he needs Republican votes to pass it
4) Obama got all serious and shit.

I saw it this way:
1) The Gulf is still fucked up
2) There is a Democratic Supermajority in congress right now
3) Obama is attempting to appeal to voters to keep Deocrats in office so they can think about the immigration reform some more, before ultimately doing nothing about it.
4) Since immigrants have no money, BP's inaction is basically a condemnation of Democrats, and once Republicans get in power again, BP will clean up the mess in about 15 minutes

For what is worth, I think the we need to start talking about the D.R.E.A.M Act.  If we get passionate about it, and carry the fight over to the elections in November, we can get a clean gulf AND immigration reform. Hooray for liberty! 

The Development, Relief and Education for Alien Minors Act (The "DREAM Act") is a piece of proposed federal legislation in the United States that was introduced in the United States Senate, and the United States House of Representatives on March 26, 2009. This bill would provide certain illegal alien students who graduate from US high schools, who are of good moral character, arrived in the U.S. as minors, and have been in the country continuously for at least five years prior to the bill's enactment, the opportunity to earn conditional permanent residency. The alien students would obtain temporary residency for a six year period. Within the six year period, a qualified student must have "acquired a degree from an institution of higher education in the United States or [have] completed at least 2 years, in good standing, in a program for a bachelor's degree or higher degree in the United States," or have "served in the uniformed services for at least 2 years and, if discharged, [have] received an honorable discharge." "Any alien whose permanent resident status is terminated [according to the terms of the Act] shall return to the immigration status the alien had immediately prior to receiving conditional permanent resident status under this Act."

According to the 2009 version of the senate bill[9], DREAM Act beneficiaries must:

1) Have proof of having arrived in the United States before age 16.


2) Have proof of residence in the United States for a least five consecutive years since their date of arrival, compliance with Selective Service.


3) Be between the ages of 12 and 35 at the time of bill enactment.


4) Have graduated from an American high school or obtained a GED.


5) Be of "good moral character"


During the first six years, the immigrant would be granted "conditional" status, and would be required to graduate from a two-year community college or complete at least two years towards a 4-year degree, or serve two years in the U.S. military. After the six year period, an immigrant who met at least one of these three conditions would be eligible to apply for legal permanent resident status. During this six year conditional period, immigrants would not be eligible for federal higher education grants such as Pell grants, but they would be able to apply for student loans and work study.
     If the immigrant did not meet the educational or military service requirement within the six year time period, their temporary residence would be revoked and they would be removable. They also must not commit any crimes other than those considered non-drug related misdemeanors, regardless of whether or not they have already been approved for permanent status at the end of their six years. Being convicted of a major crime, or drug-related infraction would automatically remove the six year temporary residence status and they would be subject to deportation.
If the immigrant met all of the conditions at the end of the 6-year conditional period, they would be granted permanent residency, which would eventually allow them to become U.S. citizens.  An estimated 65,000 immigrant students graduate from high school each year. However, it is not known how many of those were eligible go on to complete the further requirements. It is estimated that currently only 7,000–13,000 college students nationally can fulfill the further obligations, a drastic drop from the already limited pool of those initially eligible.


The bill also restores the option for states to determine residency for purposes of higher education benefits by repealing Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 (8 U.S.C. 1623). The majority of states interpret this provision as disqualifying unauthorized students from certain higher education benefits such as in-state tuition rates. Some states have enacted laws aimed at making unauthorized state residents eligible for in-state tuition rates without violating this IIRIRA provision However, some students paying out-of-state tuition have filed lawsuits in these states, claiming state education officials violated this federal law.  Repealing this provision would provide states the ability to choose their own residency requirements for higher education benefits.

"The shepherd drives the wolf from the sheep's for which the sheep thanks the shepherd as his liberator, while the wolf denounces him for the same act as the destroyer of liberty. Plainly, the sheep and the wolf are not agreed upon a definition of liberty - Abraham Lincoln"

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