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DREAM Vs. Reality

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DREAM Vs. Reality I n s i g h t NATIONAL CENTER ON IMMIGRANT INTEGRATION POLICY JULY 2010 SUMMARY DREAM vs. Reality: The Development, Relief, and Education for Alien Minors (DREAM) Act seeks to provide a path to An Analysis of Potential legalization for eligible unauthorized youth and DREAM Act Beneficiaries young adults.1 It does not provide permanent legal status outright to potential beneficiaries. Rather, it allows individuals to apply for legal By Jeanne Batalova and Margie McHugh permanent resident status on a conditional basis Migration Policy Institute if, upon enactment of the law, they are under the age of 35, arrived in the United States before the age of 16, have lived in the United States for at least the last five years, and have obtained I. Introduction a US high school diploma or equivalent.2 The conditional basis of their status would be removed in six years if they successfully complete at least two years of post-secondary education or military service and if they maintain Comprehensive immigration reform legislation has good moral character during that time period.3 been the primary focus of federal immigration policy discussions in the past year. With prospects for such According to our analysis, the law’s enactment would immediately make 726,000 unauthorized legislation increasingly uncertain, less expansive young adults eligible for conditional legal immigration measures are receiving increased attention. status; of these roughly 114,000 would be One such proposal is the Development, Relief, and eligible for permanent legal status after the Education for Alien Minors (DREAM) Act, which would six-year wait because they already have at provide a path to legalization for eligible unauthorized least an associate’s degree. Another 934,000 4 potential beneficiaries are children under 18 youth and young adults. Over much of the past decade, who will age into conditional-status eligibility the DREAM Act has hovered at the edges of congressional in the future, provided that they earn a US high debates on immigration policy, periodically being the school diploma or obtain a General Education subject of discussion or action. It was first introduced in Development (GED) degree. An additional 2001 by Senators Orrin Hatch (R-UT) and Richard Durbin 489,000 persons ages 18 to 34 would be eligible (D-IL), and since then has been introduced regularly both for conditional status under the law’s age and residency requirements, but they lack a high as a stand-alone bill and as part of major comprehensive school diploma or GED and therefore do not immigration reform bills, drawing bipartisan support currently qualify for this status. each time in both the House and Senate. The legislation While slightly more than 2.1 million youth and was reintroduced most recently in March 20095 by Durbin young adults could be eligible to apply for legal and Representative Howard Berman (D-CA). status under the legislation, historical trends indicate that far fewer are likely to actually This report aims to provide policymakers and gain permanent (or even conditional) status, stakeholders with the information they need to: 1) assess due primarily to the bill’s education attainment requirements. We estimate that roughly 38 the number and other key characteristics of individuals percent of potential beneficiaries — 825,000 who could gain conditional legal status under DREAM people — would likely obtain permanent legal legislation based on their age, date of arrival in the status through the DREAM Act’s education and United States, and length of residency; and 2) understand military routes while as many as 62 percent the barriers to achieving permanent legal status under would likely fail to do so. the DREAM Act due to factors such as low educational attainment, poverty, and English proficiency. II. Key Provisions status if they have met all eligibility The DREAM Act would extend requirements for both conditional conditional legal status to unauthorized and permanent status on the date of youth� who meet the following criteria: enactment of the DREAM Act. Entered the United States before The legislation creates a powerful � age 16 imperative for recipients of conditional Have been continuously present status to either pursue a college in the United States for at least education or join the military. It five years prior to the legislation’s also provides a strong incentive for � enactment unauthorized children now enrolled in elementary or secondary school to Have obtained a high school obtain a high school diploma and further diploma or its equivalent (i.e., a education. A legalization program that General Education Development � ties permanent legal status to a young diploma or GED) adult’s success in post-secondary Are less than 35 years of age. education or military service is unprecedented in US immigration policy. Conditional status would last for six III. Key Categories of years, and would permit recipients to Potential DREAM work or go to school in the United States and to travel in and out of the country. Act Beneficiaries and Methodology After the six-year period, immigrants with conditional status could apply for lawful permanent residence6 if they have a) obtained a degree from an institution Our analysis is based on pooled March of higher education, completed at least 2006-2008 Current Population Survey two years in a program for a bachelor’s data that were augmented with legal8 degree or higher, or honorably served status assignments to noncitizens. at least two years in the US military; Using these data, we developed and b) have maintained good moral estimates of how many individuals character while in conditional resident would be eligible to apply for legal status. Immigrants who fail to meet status based on their age, length of these requirements would lose their residency, how old they were when conditionalretroactive status7 benefits and revert to being they arrived in the United States,9 and unauthorized. The DREAM Act also current educational attainment. We also has a provision that used Census 2000 data to estimate and would allow certain unauthorized adults analyze the English language skills of 35 and older to adjust to conditional and potential beneficiaries. 2 then (after six years) permanent Insight We organized the analysis around four challenges they will face in achieving key age and education-attainment profiles permanent legal status should the that represent large groups of potential legislation be enacted (see Table 1). DREAM Act beneficiaries and the differing Table 1. Key Categories of Potential DREAM Act Beneficiaries Age and Education Profile Steps Needed to Gain Permanent Status Young adults (18 to 34) with at least an associate’s degree * Already have met the educational requirements for both and conditional and permanent statuses. * Will have to wait for six years to apply to adjust to permanent Adults (35 and older) with at least status. an associate’s degree (eligible * Must satisfy the good moral character requirement. under the retroactive benefits provision). Young adults (18 to 34) with a * Already have met the educational requirements for high school diploma/GED conditional status (i.e., already have a US high school diploma or GED). * Must within the six-year conditional status period complete either a qualifying higher education degree, at least two years towards a bachelor’s degree, or two years of military service. * Must satisfy the good moral character requirement. Children under 18 * Will need to earn a US high school diploma/GED in order to obtain conditional status. * Must within the six-year conditional status period complete either a qualifying higher education degree, two years towards a bachelor’s degree, or two years of military service. *Must satisfy the good moral character requirement. Young adults (18 to 34) without a * Currently ineligible for conditional legal status. high school degree * Will need to obtain a high school diploma/GED or be admitted to an institution of higher education in order to obtain conditional status. * Must within the six-year conditional status period complete either a qualifying higher education degree, two years towards a bachelor’s degree, or two years of military service. *Must satisfy the good moral character requirement. 3 As these categories of potential nevertheless speculative. beneficiaries indicate, individuals 18-34 and over 35 who already These caveats notwithstanding, have obtained a degree from a post- this analysis is based on the best secondary institution would be eligible available data and represents the most immediately for conditional status and informed estimates possible at this for permanent status after six years time of the potential immediate and based on their existing educational future beneficiaries of conditional attainments and assuming they can and permanent legal status under the demonstrate good moral character. DREAM Act’s provisions. Individuals in the other three categories would be required to obtain additional IV. Findings education or skills to qualify for A. General Findings for Key Age and conditional and then permanent status. Education Profiles In order to better understand the difficulties many of these individuals would face in meeting the law’s According to our analysis, there higher education or military service are slightly more than 2.1 million requirements, we analyzed other factors unauthorized youth and young pertinent to their ability to do so. These adults who meet the age, duration included English proficiency, income/ of US residency, and age at arrival poverty, parental status, and labor force requirements for conditional participation. legalization under10 the DREAM Act (see Table 2). However, as we Readers should use our estimates discuss below, many of these potential with caution for a number of reasons. beneficiaries may have problems First, there is the inherent difficulty meeting the law’s additional education in estimating the size of mobile requirements, and far fewer than populations such as unauthorized 2.1 million people would be likely to migrants.
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