October 28, 2003

Senate Judiciary Committee Passes DREAM Act

The DREAM Act (Development, Relief, and Education for Alien Minors Act of 2003), S. 1545, seeks to benefit undocumented students between the ages of 12 and 21 with good moral character who have lived here for at least five years and have earned a high school diploma or GED. Those that qualify will receive interim legal status which protects them from being deported and permits them to work after school and during vacations while enrolled in higher education, making them eligible for in-state tuition and financial assistance. The DREAM Act reverses a 1996 federal law that denies States the right to determine who qualifies for in-state tuition. The bill provides that States may resume their authority on determining who can qualify for in-state tuition. The DREAM Act was passed by a 16-3 Senate Judiciary Committee on October 23, 2003. However, the bill passed only after a damaging amendment was added. The amendment will make DREAM Act beneficiaries ineligible for federal financial aid grants, such as Pell Grants. The amendment also eliminates the community service option as a way to lift their conditional residency status. The American Immigration Lawyers Association (“AILA”) is hoping to strengthen the bill before it moves to the Senate floor. Greenberg Traurig will provide updates on this legislation as it moves through Congress.