Saturday, February 5, 2011

How Immigrant Children Will Benefit From the DREAM Act

As immigration reform discussions have soured, immigrant youth question what will happen next.

These children had nothing to do with the choice of their parents to move to the U.S. Their memories of their home country, at best, are a blur. In their mind, the U.S. is their home country - but they are here illegally.

For these young immigrants, the DREAM Act is the most important aspect of the immigration reform debates in Congress.

In spite of strong public sentiment in favor of the DREAM Act, immigration reform opponents argue that undocumented immigrants should not be given new programs to earn legal status.

However, they never met Arthur.

With his mom and dad, he came to my offices to inquire whether he had any future options.

At first glance, he seemed an ideal student.

He had won several scholastic accolades. He was an "A" student. He took second place in a district essay contest. He served as historian for the school ASB. He played basketball on the high school team.

He had simple dreams. He told me, "My first goal is to enroll in the armed services." He hoped to go to college after his service days ended.

Yet, as impressive as his resume looked, it lacked one major item - papers granting him lawful immigration status in the U.S.

Having completed high school, he was at a dead end.

He is not alone.

For several years, as an immigration attorney, I have watched immigrant youth silently suffer after high school graduation. They cannot join the military. They cannot legally work. They cannot go to college. They can't go forward due to their deficit immigration status.

They deserve better.

Enter the the Development, Relief, and Education For Alien Minors Act (DREAM Act).

Contrary to the assertions of immigration opponents, the DREAM Act does not guarantee legalized status to immigrant children. It opens a pathway for these youth to earn their green cards or become U.S. citizens if, and only if, the children can meet the DREAM Act's strict requirements.

There is a two-step process for the DREAM Act. At the first stage, if he meets all requirements, an immigrant youth will be granted a temporary lawful immigration status for six years. At this point, he will have to demonstrate he has earned the right to become a lawful permanent resident.

There are four requirements in the first round:

Age - Must have entered the U.S. before the age of 16. Cannot, at the time of submitting the DREAM Act papers, be younger than 12 years old or older than 35 years old.

Long Term Residency - Must have been living in the U.S. on the date that the DREAM Act becomes law. Also, must have been living here for five years before the DREAM Act becomes law.

Education - Must have successfully completed GED courses or graduated from high school.

Good Moral Character - Must have good moral character and not have a record of criminal convictions.

In addition, immigrants seeking the DREAM Act's benefits will need to show English proficiency and pay a stern penalty fee to the government.

Assuming they fulfill all requirements, they will become temporary permanent residents, on a conditional basis, for six years.

When they reach this point, the government will review their performance to ensure they have fulfilled their college or military service requirements and to verify their criminal record remains unblemished.

Opponents claim immigrants use up our resources and fail to give anything back in return to the U.S.

The DREAM Act's goals undermine such criticism. By imposing strict college and military requirements on immigrant children, the government recoups the investments made during the early part of these children lives.

In addition, the government ensures their future contributions to the American tax base and social security revenues, as well as improving the level of qualified workers for different professions.

As I see things, it's time to pass the DREAM Act.

There's no reason to be embarrassed if you've facing deportation charges. Corona Immigration Defense Lawyer Carlos Batara, a Harvard Law School graduate, has helped immigrants live and work legally in the U.S. for more than 16 years. Visit our website at http://www.bataraimmigrationlaw.com and learn how we can help you and your family.

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