What is the DREAM Act?

In examining how the Deferred Action for Childhood Arrivals (DACA) program was made into law by executive action by President Obama, you will likely learn about the DREAM Act. “DREAM” is an acronym short for the “Development, Relief, and Education for Alien Minors.” The DREAM Act is a legislative proposal that sought to allow legal residency along with work authorization for individuals who entered the United States as mostly undocumented children. If the individual, or “Dreamer,” as they are nicknamed, satisfies certain eligibility requirements then he or she would be eligible to later be granted permanent residency under the proposal. The DREAM Act was the beginning of what laid the foundation for President Obama to later enact DACA.

What Were the Requirements of the DREAM Act?

In order to be eligible for the benefits of the DREAM Act, an individual would have to meet a number of requirements, they include:

• Cannot be inadmissible or deportable/removable from the United States
• Cannot be in Temporary Protected Status
• Must have arrived in the United States before the age of 16, and have a way to prove it
• Must have maintained residency in the United States for at least five years immediately before the Act is enacted, and have a way to prove it
• A male who was born in 1960 or after must have properly registered with the Selective Service
• At the time DREAM Act is enacted, an individual must be between the ages of 12-35 years old
• Must have graduated high school in the United States, or obtained a GED, or have been accepted by a school of higher education
• Must be considered a person of good moral character
• Must pass a criminal background check

If an individual meets all of the above requirements, then after their application is approved, they would be granted conditional resident status for a period of 6 years.

Conditional Resident Status Requirements

During the six-year period that an individual is on conditional resident status, he or she would be required to complete one of the following:

• Attend and graduate from a two-year community college; or
• Complete a minimum of two years of college towards a bachelor’s degree; or
• Serve a minimum of two years in the United States military.

If an individual completes one of these three requirements and properly maintains conditional resident status without any violations, then an individual would be granted permanent resident status. If an individual does not complete all of the requirements during this six-year period, then the individual would lose their conditional resident status and be immediately deportable. During this time period, individuals would be eligible to apply for student loans but not eligible for any federal grants.

Permanent Resident Status Requirements

If an individual completes the 6-year conditional resident status period and completes one of the above two-year education or service requirements, then that individual would be eligible to be granted permanent resident status. As long as that individual passes another round of background checks and continues to be an individual of good moral character, then that individual would be able to live and work in the United States without the fears and difficulties that he or she would otherwise have without the proper authorizations. It is important to note that the DREAM Act did not include a direct path to citizenship for individuals on the program, just the ability to obtain permanent resident status. 

The Proposed Economic Impact of the DREAM Act

It was estimated that depending on eligibility requirements, the DREAM Act could help as many as 1.2 million young people in the United States. The focal point of the DREAM Act was educational achievement and success. Dream Act members at minimum would have to complete two years of post-high school studies or serve two years in a branch of the United States Military. It was estimated that the DREAM Act would reduce federal deficits by nearly $1.5 billion and increase revenue by over $2 billion during the following decade. Having a college education or military service will likely provide DREAM Act participants with better jobs that pay higher salaries. This results in higher taxes, and higher overall output back into the United States workforce. The DREAM Act would also serve as a boon to the United States Military by providing a bigger pool of potential recruits. 

The Introduction of the DREAM Act in Congress

U.S. Senators Dick Durbin (D-Illinois) and Orrin Hatch (R-Utah) first introduced the DREAM Act in the United States Senate in August 2001, but it did not pass. The original version of the DREAM Act was introduced in the United States House of Representatives by Luis Gutiérrez (D-Illinois). The DREAM failed to garner the necessary support in either the House or Senate, but the DREAM Act from this point forward became an important point of contention in the increasingly loud debate on national immigration policy. The original text of the DREAM Act was used in various other immigration proposals and bills to Congress which include the Comprehensive Immigration Reform Acts of 2006, and 2007. Most importantly, the DREAM Act was the driving force behind the enactment and implementation of DACA.

Congress’s Repeated Rejection of the DREAM Act

The DREAM Act was reintroduced in similar forms to the United States Senate in 2003, 2005, 2006, 2007, 2009, 2010, 2011, 2017, and 2019. The Bills introduced in 2007, 2009, 2010, 2017, and 2019 were also introduced in the United States House of Representatives almost at the same time. As immigration policy became an increasingly hot button issue due to President Trump and his anti-immigration agenda, certain programs and ideas such as the DREAM Act became more and more difficult to pass through both houses of Congress. 

The final time the DREAM Act was introduced during President Obama’s administration was in 2011 by then Senate Majority Leader Harry Reid (D-Nevada). The measure failed as Republican senators who in the past supported the DREAM Act, such as Senators Lindsey Graham (R-South Carolina), John McCain (R-Arizona), and John Cornyn (R-Texas) all withheld their votes in 2011, stating that they would not support the bill without increased immigration enforcement (police). 

On the state level, the state of California passed their own state-funded DREAM Act in July 2011, which allowed undocumented students who met tuition and GPA requirements to be eligible for student financial aid. In August 2011, the state of Illinois passed a similar measure through a privately funded scholarship program for undocumented students who excelled in their studies. 

The Impact of the DREAM Act After its Failure

The DREAM Act had a much more significant impact than simply being a failing bill that was introduced and debated in Congress on multiple occasions. On June 15, 2012, President Obama announced that the federal government would no longer deport individuals who met the requirements of the failed DREAM Act. Just two months later, DACA was enacted by President Obama through executive order. DACA was designed to address the same people as the failed DREAM Act, with the only major difference being the path DACA took in becoming law. Instead of going through legislation, President Obama used the power of executive action to help this important and vulnerable population of immigrants in the United States. This is discussed in the next chapter: President Obama Creates DACA Via Executive Order.