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The DREAM Act

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The Development, Relief, and Education for Alien Minors Act, better known as the DREAM Act, is one option for immigration reform that would provide a pathway to legal status and citizenship to young undocumented immigrants, like Val. In doing so, the act would also increase tax contributions and investment in the U.S. economy, as legalized immigrants earn higher wages and higher-paying occupations that allow them to invest in education, open bank accounts, buy homes and start businesses. In addition to passing the DREAM Act, I propose greater border security as well as stricter legislation targeting U.S. employers to discourage the hiring of illegal immigrants.

In order to be eligible for legal residency under the DREAM Act, there are certain qualifications that must be met. First, the act applies to illegal immigrants who entered the U.S. before the age of 16 and have remained in the country for at least five consecutive years. The Senate bill sets an age limit of 35 to obtain conditional lawful permanent resident (LPR) status while the House bill requires eligible aliens to be under age 32. In addition, “illegal aliens who have obtained a high school diploma or GED, or have simply been admitted to an institution of higher education, are eligible for conditional LPR status” (DREAM ACT SUMMARY 1).

Conditional LPR status is lawful permanent resident status that is awarded for a limited amount of time—usually six years—rather than indefinitely. In other words, illegal immigrants who are eligible under the DREAM Act would receive temporary legal status, which would allow them to work, drive, attend school and join the military. According to the National Immigration Law Center, “At the end of the conditional period, unrestricted lawful permanent resident status would be granted if, during the conditional period, the immigrant had maintained good moral character, avoided lengthy trips abroad,” and either attended college for at least two years or served in the U.S. armed forces for at least two years (2).

Under the DREAM Act, the Migration Policy Institute (MPI) estimates that roughly 2.1 million aliens, or 17 percent of all illegal immigrants in the U.S., would meet the basic act’s requirements to obtain temporary legal status (qtd. in “The DREAM Act” 3). The Immigration Policy Center estimates that 65,000 undocumented students graduate from high school each year and would be eligible for conditional and eventually permanent legal status. In addition, approximately 114,000 potential beneficiaries with at least an associate’s degree and 612,000 with a high-school diploma or GED would be eligible along with 934,000 children who are under the age of 18 (“The DREAM Act” 3).

Of course, the DREAM Act has been met with resistance from people who view it as a form of free forgiveness, or amnesty, for those who have violated federal immigration laws. However, there is nothing free about the proposed path for young undocumented immigrants. Those who are eligible would only receive temporary legal status for six years and, during that time, would have to complete at least two years of college or military service. Only after this would these individuals be eligible to apply for permanent legal status, assuming they have not committed a crime during that time and have primarily remained in the country. In total, the process of becoming a permanent legal resident could take up to thirteen years.

For those who worry that the DREAM Act will encourage future illegal immigration, research shows that the flow of immigration, both legal and illegal, largely depends on economic conditions in the U.S. and other countries (Thornburgh 6). When the U.S. economy booms or other economies recede, there is a higher incentive to relocate for more job opportunities and better wages. For example, a 2010 study by the Council on Foreign Relations found that “when Mexican wages drop 10% relative to U.S. wages, attempts to cross the border illegally rise 6%” (qtd. in Thornburgh 6). By placing stricter penalties on U.S. employers who hire illegal immigrants—including heavy fines and the threat of criminal prosecution—this could decrease the pull-factor that draws immigrants to the country for work.

Furthermore, the argument that all illegal immigrants should be deported is simply unrealistic—it is highly unlikely that the estimated 12 million illegals can each be detected, detained and deported. In addition, deporting all illegal immigrants could actually be harmful to the economy. According to a report by the Perryman Group, “If all unauthorized immigrants were removed from New York in 2008, the state would lose $28.7 billion in economic activity, $12.7 billion in gross state product, and approximately 137,013 jobs, even accounting for adequate market adjustment time” (qtd. in “New Americans New York”). Similarly, data from the Institute for Taxation and Economic Policy suggests that unauthorized immigrants in New York “paid $662.4 million in state and local taxes in 2010” (qtd. in “New Americans New York”).

Not only would deporting all illegal immigrants hurt the economy, as seen in New York, but legalizing some unauthorized immigrants could also benefit the federal economy. The DREAM Act would provide legalized students greater educational opportunities and better jobs, which ultimately means more taxable income. According to a recent study by UCLA, “the DREAM Act could contribute to $1.4 trillion to $3.6 trillion in taxable income over the next 40 years if passed based on a range of 800,000 and 2 million potential DREAM Act beneficiaries successfully completing the application process” (qtd. in “Dream Act”).

In addition, the DREAM Act would keep talented immigrant students in the United States, thus stopping so-called ‘brain drain’ that could impose economic and emotional costs on U.S. society as a whole (“The DREAM Act” 4). By creating a strong incentive for undocumented students to stay in school, these same students could begin to fill positions like teachers, nurses and service employees—positions that have long been in demand in the U.S. (“The DREAM Act” 4). The military would also experience positive effects as the act helps the military—which heavily relies on the translation skills and cultural expertise of immigrants—find new recruits.

As Thornburgh wrote in his article, “The estimated 12 million illegals are by their sheer numbers undeportable” and many are too enmeshed in the U.S. economy to be extracted (1). Passing the DREAM Act would take care of a small percentage of the current problem and provide a good foundation for immigration reform. By providing a path to legalization for young undocumented immigrants with no criminal record who have contributed to society, the act would encourage aliens currently in the country to come forward to gain legal status and higher education, which would in turn benefit the economy. Then, in order to prevent further illegal immigration, the federal government needs to enforce strict border control and punish employers who hire unauthorized immigrants. While the DREAM Act is not a permanent foolproof fix, it certainly is a start for America—the great melting pot—to get back on track.

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“Dream Act: What is the DREAM Act?” Laws. Laws.com, n.d. Web. 20 Oct. 2012. <http://immigration.laws.com/dream-act&gt;.

“DREAM ACT SUMMARY (S.3827/H.R.1751).” FAIR. Federation For American Immigration Reform. Print. 20 Oct. 2012.

“New Americans in New York.” Immigration Policy Center. American Immigration Council, 11 Jan. 2012. Web. 18 Oct. 2012. <http://www.immigrationpolicy.org/just-facts/new-americans-new-york&gt;.

“The DREAM Act: Creating Opportunities for Immigrant Students and Supporting the U.S. Economy.” Immigration Policy Center. American Immigration Council, 13 Jul. 2010. Print. 20 Oct. 2012.

Thornburgh, Nathan. “Immigration: The Case for Amnesty.” TIME Magazine 7 June 2007: n.pag. Web. 20 Oct. 2012. <http://www.time.com/time/printout/0,8816,1630168,00.html&gt;.



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