Dreamers Legislation Updates

PARA ESPANOL HAGA CLIC AQUI.

What is the Congress doing to protect Dreamers?

Two bills that have been drafted that would provide a permanent solution for immigrants that had previously qualified for the DACA Program.

SUCCEED Act

What is the SUCCEED Act?

The SUCCEED Act is a bill that would create a 15-year process that would allow young undocumented immigrants to earn the ability to be protected from deportation, work legally in the U.S., travel outside the country, and become a lawful permanent resident.

Who supports it?

On September 25, 2017, Sens. Thom Tillis (R-NC), James Lankford (R-OK), and Orrin Hatch (R-UT) introduced the Solution for Undocumented Children through Careers, Employment, Education and Defending our Nation (SUCCEED). It is mainly a Republican supported bill.

What are the requirements?

To be eligible for the SUCCEED Act, applicant must:

  • Sign a voluntary deportation order subjecting the signer to automatic removal if they are unable to meet requirements
  • Have Arrived to the U.S. before the age of 16
  • Have arrived and have lived continuously in the U.S. before June 15th 2012
  • Demonstrate “good moral character” with no felonies, significant misdemeanors or convictions that resulted in imprisonment for at least one year
  • Register for the Selective Service (if applicable)
  • Pay any applicable federal taxes
  • If younger than 18, must enroll in or attend a primary, secondary or postsecondary school
  • If 18 and older, must meet one of the following requirements:
  1. Have earned a high school diploma or an equivalent
  2. Have been admitted to an institution of higher education
  3. Have served, be serving or have enlisted in the U.S. military

What is the process?

Applicants would have to apply for conditional permanent status twice in the 15 year process. For the second period of five years applicant must meet one of the following requirements in the initial five-year period:

  1. Have graduated from an institution of higher education or completed at least eight semesters in such an institution
  2. Have served in the military or a reserve component of the military for at least three years
  3. Have been employed for a total period of at least 48 months

A recipient who has been a conditional permanent resident for 10 years could apply to become a lawful permanent resident (green card holder) if they continue to meet the bill’s requirements.

Can you sponsor family members?

Under the bill, recipients with conditional or lawful permanent resident status would not be eligible to sponsor family members, including spouses and children, to obtain legal status in the U.S.

DREAM act

What is the DREAM act?

The DREAM Act would create a 13-year process that would allow young undocumented immigrants to earn the ability to be protected from deportation, work legally in the U.S., travel outside the country, and become a lawful permanent resident.

Who supports it?

Sens. Lindsey Graham (R-SC) and Dick Durbin (D-IL) introduced the Dream Act of 2017 to the Senate on July 20, 2017. Congresswomen Ileana Ros-Lehtinen (R-FL) and Lucille Roybal-Allard (D-CA) introduced the Dream Act, in the House on July 26, 2017. It is a bipartisan bill supported by members of both parties.

What are the requirement?

To be eligible for the DREAM Act, applicants must:

  • Have arrived to the U.S. before the age of 18
  • Have lived continuously lived in the U.S. for at least four years prior to the bill’s enactment
  • Pass a government background check
  • Demonstrate “good moral character” with no felonies, significant misdemeanors or multiple convictions that resulted in imprisonment for at least one year
  • Submit biometric and biographic data and undergo a biometric and medical exam
  • Demonstrate they have been admitted to a college or university, earned a high school diploma, or are in the process of earning a high school diploma or an equivalent

What is the process?

The bill would automatically grant conditional permanent resident status to DACA recipients who still meet the requirements needed to obtain DACA. Anyone else that had not previously qualified for DACA will have to meet all requirements mentioned above to receive conditional permanent resident status. Conditional permanent resident status can be changed to lawful permanent resident status by

  • Demonstrating an ability to read, write and speak English and an understanding of American history, principles and form of government
  • Maintaining continuous residence in the U.S.
  • Meeting one of the following three requirements
  1. Completion of at least two years of military service
  2. Graduation from a college or university or completion of at least two years of a bachelor’s or higher degree program in the U.S.
  3. Employment for a period totaling at least three years.

Recipients can lose conditional permanent resident status if they commit a serious crime or fail to meet the other requirements set in the bill.

Can you sponsor family members?

Once a beneficiary qualifies to be a lawful permanent resident status they will be able to sponsor their spouse and unmarried children.