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The Development, Relief and Education for Alien Minors Act (the DREAM Act) is a piece of proposed federal legislation in the United States that was first introduced in the United States Senate on August 1, 2001[1] and most recently re-introduced there and the United States House of Representatives on March 26, 2009.

his bill would provide certain illegal and deportable alien students who graduate from US high schools, who are of good moral character, arrived in the U.S. illegally as minors, and have been in the country continuously and illegally for at least five years prior to the bill's enactment, the opportunity to earn conditional permanent residency if they complete two years in the military or two years at a four year institution of higher learning.

The students would obtain temporary residency for a six year period. Within the six year period, a qualified student must have "acquired a degree from an institution of higher education in the United States or [have] completed at least 2 years, in good standing, in a program for a bachelor's degree or higher degree in the United States," or have "served in the uniformed services for at least 2 years and, if discharged, [have] received an honorable discharge."[2]

Military enlistment contracts require an eight year commitment, with active duty commitments typically between four and six years, but as low as two years.[3][4] "Any alien whose permanent resident status is terminated [according to the terms of the Act] shall return to the immigration status the alien had immediately prior to receiving conditional permanent resident status under this Act." [5]

Under the 2009 version of the senate bill [13] DREAM Act beneficiaries must:

* Have proof of having arrived in the United States before age 16.[14]
* Have proof of residence in the United States for a least five consecutive years since their date of arrival, compliance with Selective Service.
* Be between the ages of 12 and 30 at the time of bill enactment.
* Have graduated from an American high school, obtained a GED, or have been admitted to an institution of higher education.
* Be of "good moral character"[15]

During the first six years, qualifying illegal immigrants would be granted "conditional" status and would be required to (a) graduate from a two-year community college or complete at least two years towards a 4-year degree or (b) serve two years in the U.S. military. After this six year period, those who meet at least one of these three conditions would be eligible to apply for legal permanent resident status. During this six year conditional period, they would not be eligible for federal higher education grants such as Pell grants but they would be able to apply for student loans and work study.[16]

If the illegal immigrants did not meet the educational or military service requirement within the six year time period, their temporary residency would be revoked and they could be deported. They also must not commit any crimes other than those considered non-drug related misdemeanors, regardless of whether or not they have already been approved for permanent status at the end of their six years. Being convicted of a major crime or drug-related infraction would automatically remove the six year temporary residence status and they would be subject to deportation.[citation needed]

If they have met all of the conditions at the end of the 6-year conditional period, they would be granted permanent residency, which would eventually allow them to become U.S. citizens.

An estimated 65,000 illegal immigrant students[17] graduate from high school each year.[18] However, it is not known how many of those were eligible go on to complete the further requirements. It is estimated that only 7,000–13,000 college students nationally can fulfill the further obligations.[19]

The bill also restores the option for states to determine residency for purposes of higher education benefits by repealing Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 (8 U.S.C. 1623).[13] The majority of states interpret this provision as disqualifying illegal immigrants students from certain higher education benefits such as in-state tuition rates.[20] Some states have enacted laws aimed at making unauthorized state residents eligible for in-state tuition rates without violating this IIRIRA provision.[21] However, some students paying out-of-state tuition have filed lawsuits in these states, claiming state education officials violated this federal law.[22] Repealing this provision would provide states the ability to choose their own residency requirements for higher education benefits.