The DREAM Act, officially the Development, Relief, and Education for Alien Minors Act, is a legislative proposal in the United States aimed at providing a pathway to legal residency for undocumented immigrants who were brought to the country as children. Individuals who were brought to the United States as minors and grew up here derive their immigration status from their parents. Their path to lawful permanent residency is typically through marrying a U.S. citizen. Under the proposal, if these children grew up in the United States, they would receive a clear pathway to legal status.
First introduced through a bipartisan effort by Senators Durbin (D-IL) and Hatch (R-UT) in 2001, the Act failed to acquire the 60 votes needed to formalize it as law. There have been multiple revisions and reintroductions since then, but the DREAM Act has not yet passed both houses of Congress and become law.
While some states have enacted their own Dream Acts, as of 2024 Kentucky does not have its own state-level Dream Act. This means Kentucky has no law that provides a pathway to citizenship for undocumented individuals who meet certain criteria. While undocumented students can attend college in Kentucky, they may not be eligible for in-state tuition without additional legislation.
If you are a DREAMer concerned about your status, benefits, and path to citizenship, an experienced Kentucky immigration lawyer can help analyze your individual situation and determine your best options.
What the DREAM Act Aims to Do
Although versions of the Dream Act vary, they generally have the following provisions:
- For childhood arrivals: It specifically targets undocumented individuals who entered the U.S. as minors. allowing them to legally live and work here if they meet certain criteria, like completing education or military service, instead of facing deportation.
- Provides a conditional pathway to citizenship: The Act would initially grant temporary conditional residency with the opportunity to gain permanent residency if certain requirements are met.
- Provides educational access: The Act aims to allow documented youth to qualify for in-state tuition and financial aid.
Where are the DREAMers?
The DREAMers are those undocumented immigrants who were brought to the United States as children and have lived here for most of their lives. They often feel they are American, and have gone to school here, worked and contributed to society and paid taxes here, and may have started families here. While the majority come from Mexico, there are also DREAMers from other countries, including Africa, the Middle East, and the Caribbean. They now live all over the United States. Some of the DREAMers have protection through DACA, but some are vulnerable to deportation.
What is DACA?
When the 2010 version of the Dream Act passed the House but failed by 5 votes in the Senate, President Obama passed Deferred Action for Childhood Arrivals (DACA) by executive action. DACA allows undocumented youth who fulfill certain requirements to be protected from deportation, receive a work permit, and qualify for a driver’s license. While in 2017, DACA was rescinded by the Trump administration, the Supreme Court ruled to reinstate DACA in 2020.
On Aug. 30, 2022, the Deferred Action for Childhood Arrivals (DACA) Final Rule was issued to preserve and fortify DACA. This rule, effective as of Oct. 31, 2022, allows individuals who can demonstrate through verifiable documentation that they meet required guidelines to be considered for deferred action on a case-by-case basis. While DACA is not accepting new applications for first-time applicants, they are still accepting and processing renewal applications for current DACA recipients. The program remains under challenge, with ongoing litigation regarding its legality.
Recent Federal Legislative Proposals for the Dream Act
The Dream Act of 2023 was introduced in the Senate by Senators Dick Durbin and Lindsey Graham. In the House, the American Dream and Promise Act of 2023 was introduced by Representative Sylvia Garcia, and the DIGNIDAD (Dignity) Act of 2023 was introduced by Representative Maria Elvira Salazar. All three bills would provide current, former, and future undocumented high school graduates and GED recipients a pathway to U.S. citizenship through college, work, or the armed services.
The bills outline a three-step process:
Step 1: Conditional Permanent Resident — Grants conditional permanent resident (CPR) status, which includes work authorization, if the person has DACA or meets all the following requirements:
- Came to the United States as a child
- Has been admitted to an institution of higher education, has graduated high school or obtained a GED, or is currently enrolled in secondary school or a program assisting students to obtain a high school diploma or GED
- Has not participated in the persecution of another person
- Has not been convicted of certain crimes.
Step 2: Lawful Permanent Residence — Anyone who maintains CPR status could obtain lawful permanent residence (LPR status or a “green card”) by satisfying one of the requirements for higher education, military service, and work history.
Step 3: Naturalization — After maintaining LPR status for five years, an individual can generally apply to become a U.S. citizen through the normal naturalization process.
However, as of 2024, the Dream Act remains unpassed. Various organizations are pushing for Congressional action to provide a permanent legislative solution for DREAMers.
How Can an Attorney Help?
If you are a DREAMer facing problems with your status, an immigration attorney can provide crucial assistance. Your attorney can:
- Navigate DACA applications and renewals, ensuring all paperwork is completed accurately and on time
- Explore pathways to permanent residency based on your individual circumstances, such as employment-based or family-based green cards
- Address legal challenges to citizenship, such as criminal records or past immigration violations
- Stay informed and provide guidance on frequently changing immigration laws or policies that could affect your case.
Get Help From Our Immigration Attorneys
While every case is different, there is help available for DREAMers from the skilled immigration lawyers at Carman Fullerton in Lexington, Kentucky. Attorneys Kirby Fullerton and Dan Carman are skilled professionals with many years of experience representing DREAMers and dealing with their issues. We know how to simplify intricate legal processes, manage paperwork, and ensure all procedural requirements are met, and we will represent you in immigration court or other legal proceedings if necessary.
Our compassionate staff and attorneys speak Spanish and accommodate speakers of other languages as well.
Call us today to get started so we can help with all your immigration issues.
GET STARTED NOW. CALL 859-971-0060
Attorney Kirby J. Fullerton
Mr. Fullerton’s practice is focused on immigration law. He speaks Spanish, and represents clients in cases before the immigration courts and the Board of Immigration Appeals. He began his career practicing criminal defense, and understands how matters in criminal courts can affect a client’s immigration status. [Attorney Bio]
