Uncovering the DREAM: 2012 Political Climate Sparks Renewed Interest in Stalled Legislation

The DREAM may fade and fluctuate with each congressional session and political cycle, but the dream does not die.

An acronym for “Development, Relief, and Education for Alien Minors,” the DREAM Act has attempted to provide a path to residency and education for undocumented immigrants since the Senate first introduced the bill on Aug. 1, 2001. The bill, which has repeatedly stalled and restarted in U.S. Congress for more than a decade, has gained new prominence due to the 2012 elections and ongoing efforts in states like Washington to provide financial aid to 1079 students.

Key to this bill—and its relevancy to this blog series—is the emphasis it places on higher education.

Although the eligibility stipulations change each time Congress reintroduces the bill, the DREAM Act would offer six years of conditional permanent residency to undocumented residents of “good moral standing” who have graduated from U.S. high schools, arrived in the United States as minors and have lived in the country continuously for at least five years prior to the bill’s enactment. Within those six years of conditional residency, DREAM Act beneficiaries must complete two years of college or serve two years in the military. Those who have met all terms within the allotted time would obtain permanent residency status.

The Latino/a Educational Achievement Project has encouraged students to lobby for the issues that affect them. Pictured here in Olympia with Rep. Tina Orwall. (Photo credit: LEAP)

Ricardo Sanchez, founder and chairman of the Latino/a Educational Achievement Project (LEAP), has done significant lobbying at the state level for the DREAM Act and 1079 students. Sanchez attributes part of the DREAM Act’s repeated legislative defeats to extreme partisanship and a “no compromise” attitude amongst some members of Congress.

President Obama renewed the political debate this past June after initiating the “Deferred Action for Childhood Arrivals” program. Deferred action incorporates elements of the DREAM Act, and offers two-year work permits to undocumented immigrant youth who meet certain criteria.

“Deferred action does not change immigration law, which is the job of Congress; it uses an administrative remedy called prosecutorial discretion that has been available to Homeland Security,” said Sanchez. “The difference is Obama ordered it to be used for individuals meeting certain conditions.”

Both deferred action and the DREAM Act have faced particular criticism from some political conservatives who perceive them as “amnesty programs” that reward illegal behavior.

“The President’s amnesty program is a magnet for fraud and abuse,” said U.S. House Judiciary Committee Chairman Lamar Smith in a public statement. “While potentially millions of illegal immigrants will be permitted to compete with American workers for scarce jobs, there seems to be little if any mechanism in place for vetting fraudulent applications and documentation submitted by illegal immigrants.”

This political polarization on immigration has heightened with the 2012 elections and presents a significant hurdle to 1079 students in Washington who would benefit from the DREAM act. In addition to the stipulation requiring two years of college, the DREAM Act proposes access to student loans and work-study for eligible undocumented immigrants. While they would not receive grants, the addition of loans and work-study access would bolster academic opportunities for Washington’s 1079 students.

Although deferred action offers no provisions for financial aid, HB 1079 supporters see the program as an opportunity to further advocate for 1079 financial aid at the state level. LEAP recently began the push for opening Washington State Need Grant eligibility to 1079 students.

For the 1079 students at Washington universities, that would mean the same consideration for the state need grant as the rest of their peers. At Washington State University, that comes roughly to an average of $6000 per eligible student. This would likely lead to less dependency on private scholarships and more students attending the university.

Pending the results of the 2012 elections, the future of the DREAM Act and 1079 aid remains up in the air. Support must come from both political parties in order for the DREAM Act and 1079 financial legislation to pass.

“Don’t lose hope,” said Sanchez when asked what advice he could offer to those waiting for the DREAM Act to pass. “Know that we are continuing to fight and one day, it will happen. I believe this. Just as it was inevitable that civil rights legislation would change the course of this country, I believe the righteousness as well as the educational and economic imperatives will eventually win out.”