What Would the Dream Act Do?
The Dream Act would provide current, former, and future undocumented high-school graduates and GED recipients a pathway to U.S. citizenship through college, work, or the armed services. The bills outline a three-step process, summarized below.
Step 1: Conditional Permanent Residence
An individual would be eligible to obtain conditional permanent resident (CPR) status, which includes work authorization, if the person has Deferred Action for Childhood Arrivals (DACA) or meets all of the following requirements:
Came to the United States as a child.
Has been admitted to an institution of higher education, has graduated high school or obtained a GED, or is currently enrolled in secondary school or a program assisting students to obtain a high school diploma or GED.
Has not participated in the persecution of another person.
Has not been convicted of certain crimes.
Under the terms of the bills, the secretary of the Department of Homeland Security (DHS) can issue waivers of certain criminal offenses for humanitarian purposes, for family unity, or when the waiver is otherwise in the public interest.
Step 2: Lawful Permanent Residence
Anyone who maintains CPR status could obtain lawful permanent residence (LPR status or a “green card”) by satisfying one of the following requirements.
Higher education: the person has acquired a degree from an institution of higher education or has completed at least two years, in good standing, in a program for a bachelor’s degree or higher degree in the United States.
Military service: the person completed at least two years of military service with an honorable discharge, if discharged.
Work: the person demonstrated employment over a total period of three years and at least 75 percent of that time the individual had employment authorization, with exceptions for those enrolled in higher education or technical school.
Individuals who cannot meet one of these requirements could apply for a “hardship waiver” if the applicant is a person with a disability; a full-time caregiver; or for whom removal would cause extreme hardship to themselves or a spouse, parent, or child who is a national or lawful permanent resident of the United States.
Step 3: Naturalization
After maintaining LPR status for five years, an individual can generally apply to become a U.S. citizen through the normal naturalization process.
<American Immigration Council>
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