What is the Dream Act of 2017?

UPDATED: July 27, 2017
What is the Dream Act of 2017?
The Dream Act of 2017 (“Act”), introduced by Senators Richard J. Durbin (D-Ill.) and Lindsey O. Graham (R-S.C.), will grant conditional permanent resident status for certain long-term residents who entered the United States as children, in response to a move by a group of state Attorney Generals who have threatened to sue the Trump Administration if DACA isn’t ended by September 5, 2017.
What is DACA?
Deferred Action for Childhood Arrivals (DACA) initiated by President Barack Obama on June 15, 2012. It stays the removal (deportation) of certain persons. It is a discretionary, limited immigration benefit by the Department of Homeland Security (DHS) and does not provide lawful status. For more on DACA, follow this link to the U.S. Citizenship and Immigration Services (USCIS) dedicated web page.
Who is eligible for the Dream Act?
The law will cancel the removal and grant lawful permanent resident status (green card) on a conditional basis to an undocumented person or DACA recipient who:
- 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 three 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.
How is this law different from DACA?
Unlike DACA, which does not confer legal immigration status, the Dream Act of 2017 will grant legal permanent resident status to eligible individuals on a conditional basis.
Bill Highlights
- Inadmissibility bars may be waived for humanitarian purposes, family unity, or if the waiver is otherwise in the public interest.
- Biometrics capture and background checks will be undertaken to determine whether there is any criminal, national security, or other factor that would render the person ineligible for the conditional green card. A medical examination will also be required.
- For children enrolled in school who are at least 5 years old and who would be eligible for a green card under the Act, removal shall be stayed. The stay can be lifted if the person ceases to meet eligibility requirements.
- There is no numerical limitation on the number of people who may be granted permanent resident status on a conditional basis under the Act.
- Conditional permanent residency under the Act is valid for 8 years.
- Special Hardship Exception for a person with disability or a full-time caregiver of a minor child; or the person’s removal from the U.S. would cause extreme hardship to the person or the person’s U.S. citizen or lawful permanent resident spouse, parent, or child.
Is there a similar bill in the House of Representatives?
Yes, on July 26, 2017, Republican Representative Ileana Ros-Lehtinen of Florida and Democrat Representative Lucille Roybal-Allard of California introduced the House version of the Dream Act of 2017. Like the Senate Bill, if passed, the law would provide young people who were brought to the U.S. as children, the chance to apply for a Green Card.
Stay tuned for updates on this quickly developing issue. If you are affected by this development or have questions about immigration and the green card process, please contact us. We are here to help. Follow us on Instagram, Twitter, Facebook or LinkedIn for up-to-date immigration news.