Summary of Comprehensive Immigration Reform from DREAM Activist, with Special Emphasis on the DREAM Act

Today we got to participate in the DREAM Activist conference call to clarify key aspects of the “Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR ASAP) introduced by Representative Luis Gutierrez (IL-4) yesterday, with a special focus on the DREAM Act components. Here are a few items that were discussed

Quick summary of CIR ASAP:

Two phases to apply for legal residency
1. Temporary conditional non-immigration status. During this phase, must:
• Pay application fee (to be determined)
• Fine of $500
• Complete background check by DHS
o Once cleared, DHS will provide a work authorization and travel permission
• No serious crimes committed by applicant
2. Adjustment to status
• Prove contributions to community with evidence, such as paid taxes
• Must wait 6 years after enactment of CIR ASAP to achieve residency.
• Once given permanence residency, must wait 5 years before can apply for citizenship.

How is this the same or different for DREAM Act students?
Much of the requirements are the same as the current stand alone DREAM Act bill:
• Brought to US before the age of 16
• Have lived in the US for 5 yrs
• Be of good moral character
During the second phase of legalization, students will need to have completed:
• A 2-year degree
• 2 years of a 4 year degree
• Serve 2 years in the military; and what is new
• Have been employed 2 years before the enactment of CIR ASAP
DREAMers will not be required to pay the $500 fine and can apply for their citizenship 3 years after receiving permanent residency.

My only question here would be, what would be considered employment for students, what type of documents do they need to prove they were employed and finally, will their employers be faced with a fine for hiring the students?

Some of the questions submitted by participants of the conference call.

What happens to students who are already in grad school or already in college? They will have to apply for conditional non immigrant status like everyone else. As soon as they enter the second phase, can apply for permanent residency because already have 2 yr of 4 yr degree.

Can you give example and timing applying for residency for students?
If bill is enacted – lets say it happens March 1st. Application process started in September 1st. Collect document in Phase 1, then submit more requirements in Phase 2. Toward beginning of, the application period, when biometrics are reviewed (DHS clears individual), student will be given work permission and travel. CIS clears application then make the student a conditional non-immigrant. Next step would be filing for permanent residency as soon as students meets one requirement of 2 yrs degree toward 4 year degree, 2 years in the military or 2 years of work.
January 1st 2011 soon as finish 2 year of requirements of DREAM Act, say in June 2011, student can apply for permanent residence in January 2012. 2 years later, student can apply for citizenship. It is a more accelerated process than the process for all undocumented individuals.

What does conditional non-immigrate status mean?
It might mean – Non-immigrant status is someone who is given temporary residence like a tourist or student visa, professional visa. Conditional immigration is someone who has an expired visa. People who fall under CIR ASAP are not given regular non-immigrant status but calling it conditional because still have to show other requirements in the future.

For students who face deportation, how does it affect them?
If someone is in removal proceeding, there is no difference. But if student receives a removal order before the age of 16, student would still be eligible under the DREAM Act provision. Prior deportation order does not affect student to apply for legalization.

Summary and answers were provided by Mark Silverman, Director of Immigration Policy, Immigrant Legal Resource Center. If there are any burning questions you have, please respond to this post and we will try to find the answer to your question.

LEAP

Design the new 2010 DREAM Act Postcard

DreamActivist has announced its "I have a DREAM" Postcard Contest," where they are asking individuals to design their 2010 DREAM Act Postcard.

Follow the link below for more details:

www.dreamactivist.org/postcard/

Comprehensive Immigration Reform and the DREAM Act

Comprehensive Immigration Reform Act will be reintroduced on Tuesday, Dec. 15th by Representative Luis Gutierrez (IL-3).

Many have asked us, what does this mean for the DREAM Act?
LEAP supports the DREAM Act as a stand alone bill but is very interested how CIRA will affect the DREAM Act. We will be participating in the call hosted by the DREAM Activist tomorrow at 3 PM to get clarification on key aspects of the CIRA.

If you would like to listen to this conversation, click below to sign up to get the call-in information and submit your questions to the representatives of DREAM Activist. http://action.dreamactivist.org/cir_call. Space is limited so RSVP ASAP to reserve your place on this call.

Also, take a moment to listen to NPR segment on the DREAM Act and Comprehensive Immigration Reform Act from July 2009. It raises some interesting questions and opinions.

Prestigious Scholarship Awarded to Manuel Garcia

We at LEAP are very proud of our LEAPster from Mount Vernon, Manuel Garcia, for being selected for admission to Washington and Lee University with a QuestBridge College Match scholarship. This wonderful scholarship will provide Manuel with up to $40,000 per year and it will cover the full cost of his room and board.

There were 267 finalists matched with QuestBridge College Match awards at 27 colleges, with a total of 15 students, Manuel included, admitted as Quest Scholars at Washington and Lee, a private liberal arts college in Virginia.

Once again, congratulations to Manuel for his hard work and dedication. We wish him all the luck.