The Senate’s Version of the Dream Act

Obama’s Version of the Dream Act

Requirement

Requirements

1

Have proof of having arrived in the United States before age 16.

Must have come to the US under age 16 but must be at least 15 years of age when they apply.
(if you are fourteen now and the process is still around in two years, then you could apply as long as you meet the education and five years residence requirement).

2

Have proof of residence in the United States for a least five consecutive years since their date of arrival,

has continuously resided in the United States for a least five years preceding the date of this memorandum and is present in the United States on the date of this memorandum (June 15);

3

Be between the ages of 12 and 35 at the time of bill enactment.

`is currently in school, has graduated from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States

4

Have graduated from an American high school or obtained a GED.

has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety; and

5

Be of "good moral character"

is under the age of thirty one on June 15, 2012.

6

Compliance with Selective Service.

_{How it works}

_{How it works}

₁

A path to U.S. citizenship. 

_{No path to U.S. citizenship}

"conditional" status would be granted during the first six years

Will all be subject to background check (biometrics and background)

₂

the youth would be required to graduate from a two-year community college or complete at least two years towards a 4-year degree, or serve two years in the U.S. military.

Will be eligible for Employment Authorization Documents for 2 years with renewal possible.

₃

_{After the six year period, an youth who met at least one of these three conditions would be eligible to apply for legal permanent resident status}

_{May be granted travel permission}

₄

During this six year conditional period, these students 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

_{Will be granted deferred  action, a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion.}

₅

If the youth did not meet the educational or military service requirement within the six year time period, their temporary residence would be revoked and they would be removable (deportable).

Individuals who are in removal proceedings before the Executive Office for Immigration Review, ICE will, in the coming weeks, announce the process by which qualified individuals may request a review of their case

₆

They must not commit any crimes other than those considered non-drug related misdemeanors. Being convicted of a felony or drug-related infraction would automatically remove the six year temporary residence status and they would be subject to deportation.

The grant of deferred action under this new directive does not provide an individual with permanent lawful status or a pathway to obtaining permanent lawful status. Only the Congress, acting through its legislative authority, can confer the right to permanent lawful status.

₇

If the youth met all of these requirements at the completion of the 6-year conditional period, they would be granted permanent residency, and eventually will be eligible for U.S. citizenship

An individual subject to a final order of removal who can demonstrate that he or she meets the eligibility criteria can request a review of his or her case and receive deferred action for a period of two years, subject to renewal. All cases will be considered on an individualized basis.