“You may say I’m a DREAMER”:

A Case for the DREAM Act

Melissa Segarra

Andrew Sherman

Lydia Coppedge

Legal Issue

• Brief overview of current U.S. Immigration Policy
• Family reunification is focus
• Family immigration is capped at 480,000/year
• Employment-based immigration is capped at 140,000/year
• last updated in 1990.
• No country can receive more than 7 %of the total annual number of family-sponsored and employment -based visas (about 25,600)

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“Immigration Backlogs are separating American Families.” National Immigration Forum. July 26, 2012. http://immigrationforum.org/blog/immigration-backlogs-are-separating-american-families/

Zong, Jie and Jeanne Batalova. “Frequently Requested Statistics on Immigrants and Immigration in the United States”. Migration Policy Institute. March 8, 2017. http://www.migrationpolicy.org/article/frequently-requested-statistics-immigrants-and-immigration-united-states#VisaBacklogs

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Legal Issue

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• The U.S. has an outdated and ineffective immigration policy.
• Backlogs result from demand far outstripping supply
• Administrative and legal
• Long waits for some immigrants
• Undocumented population grew to 11.5M in the 2000’s.

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Zong, Jie and Jeanne Batalova. “Frequently Requested Statistics on Immigrants and Immigration in the United States”. Migration Policy Institute. March 8, 2017. http://www.migrationpolicy.org/article/frequently-requested-statistics-immigrants-and-immigration-united-states#VisaBacklogs

“Immigration Backlogs are separating American Families.” National Immigration Forum. July 26, 2012. http://immigrationforum.org/blog/immigration-backlogs-are-separating-american-families/

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How did we get here? A brief history

Past Laws

• The Immigration Reform and Control Act (1986)
• Immigration Act (1990)
• Illegal Immigration Reform and Immigrant Responsibility Act (1996)

Summary

• More restrictive, focus on border control and punishment, and less judicial discretion.
• No increase on caps or visa types since 1996.

“U.S. Immigration since 1965.” History.com. http://www.history.com/topics/us-immigration-since-1965

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The Impact - Individuals

• Children lack resources and are harmed by deportation of a parent.
• Income inequality persists
• Deportation triggers trauma, residential and family instability

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• Deportation hurts family finances
• Income dropped by 70% post-deportation

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• Students can’t go to college due to out-of-state tuition rates.
• 5-10% of 65,000 students annually

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Jie Zong, Randy Capps, and Michael Fix.“A Profile of U.S. Children with Unauthorized Immigrant Parents.” Migration Policy Institute. http://www.migrationpolicy.org/research/profile-us-children-unauthorized-immigrant-parents

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Gonzales, Roberto. “ The Lost Potential of Undocumented Students”. Immigration Policy in Focus. October 2007.

The Impact - Communities

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• Hate crimes and social perception has worsened.
• 35% increase from 2003-2006

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• Economy is hampered by inadequate employment-based visas especially H1B visas
• "[M]y industry and others need legal access to labor pools that are seasonal, short- and long-term. These pools will not be sourced from this country. This is an essential fact." - Kevin Rogers of the Arizona Farm Bureau.

“Hate Crimes Against Latinos Rising Nationwide.” Southern Poverty Law Center. 2007. https://www.splcenter.org/fighting-hate/intelligence-report/2007/hate-crimes-against-latinos-rising-nationwide

Kaine, Eric. “Why Arizona’s Controversial Immigration Law is Bad for Business.” Forbes.com. April 27, 2012. https://www.forbes.com/sites/erikkain/2012/04/27/why-arizonas-controversial-immigration-law-is-bad-for-business/#59db01bff508

The Impact - Government

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• States and municipalities are frustrated
• SB 1070 in Arizona

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• Scarce resources for public safety diverted to holding undocumented immigrants
• $1.84B of annual federal budget
• Individual detention costs $161 a day

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Archibald, Randal. “Arizona Enacts Stringent Law on Immigration.” NYTimes.com. April 23, 2010.. http://www.nytimes.com/2010/04/24/us/politics/24immig.html?_r=1&

Reyes, Raul. “America’s Shameful Prison Camps.” CNN.com. http://www.cnn.com/2015/07/23/opinions/reyes-immigration-detention/

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Legislative History - Development, Relief, and Education for Alien Minors (DREAM) Act

Iterations of the DREAM Act

• 2001: S.1291; Sen. Orrin Hatch (R-UT)
• 2007: S.2205; Sen. Richard Durbin (D-IL)
• 2009: HR.1751; Rep. Howard Berman (D-CA-28)
• 2011: S.952; Sen. Richard Durbin (D-IL)

www.congress.gov

Legislative History - Development Relief, and Education for Alien Minors (DREAM) Act

Iterations of the DREAM Act

• 2001: S.1291; Senator Orrin Hatch (R-UT)
• 2003: S.1545
• 2005: S.2075
• 2006: H.R.5131
• 2007: S.774
• 2007: S.2205; Senator Richard Durbin (D-IL)
• 2009: H.R.1751; Rep. Howard Berman (D-CA-28)
• 2009: S.729
• 2010: S.3992
• 2011: S.952; Sen. Richard Durbin (D-IL)
• 2011: H.R.1842

www.congress.gov

DREAM Act Elements

Consistent Elements in all iterations

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• Residency Requirement
• Periods of Absence
• Conditional Status → Lawful Permanent Residency
• No numerical limit on number of applications accepted
• Work authorization
• Confidentiality

www.congress.gov

DREAM Act Elements

Differences in Iterations of the DREAM Act

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• Age at time of entry/enactment
• Varying higher education assistance
• Increasingly restrictive on aliens
• Biometric and biographic data for background checks

www.congress.gov

Our Argument, Execution Plan, and Counterarguments

DREAM Act - By the Numbers (2010)

Who is eligible?

• 65,000 undocumented students graduate from High School annually
• 114,000 aliens with Associate’s Degree
• 612,000 aliens ready for college/military
• 934,000 children under 18 eligible in the future

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Not all will apply, and not all will be accepted

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https://www.americanimmigrationcouncil.org/research/dream-act