Action Alert--October 4, 2004

HACU urges action on DREAM Act vote;

Crucial vote could take place as early as Tuesday

The proposed DREAM Act, which would allow states to offer in-state tuition to eligible immigrant college students who otherwise would pay higher out-of-state tuition fees, is approaching a crucial vote – perhaps as early as Tuesday, October 5. HACU urges its membership to join HACU in contacting members of the Senate Judiciary Committee today to urge support for this bill as part of the Department of Justice Appropriations Authorization Act (S.2863). Your leadership can make the difference.

The bipartisan Development, Relief and Education for Alien Minors Act of 2003 (S.1545), or DREAM Act, would also make it easier for immigrant students who have met long-term residency and other requirements to pursue permanent legal residency status. HACU supports this legislation and companion House legislation as the opportunity to open new doors to college for tens of thousands of talented students.

The DREAM Act has been reintroduced by Senator Orrin Hatch as part of the the Department of Justice Appropriations Authorization Act (DOJ)--S.2863. The House has already passed its Department of Justice authorization bill.  A Senate authorization bill with the DREAM Act attached would go far to ensure eventual passage of this important legislation.

The Senate Judiciary Committee could consider the Department of Justice bill as early as Tuesday. Please contact members of the Senate Judiciary Committee, especially if they represent your home Congressional District.

 Background

The DREAM Act, originally introduced by Senators Orrin Hatch of Utah and Richard Durbin of Illinois, would amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to provide states the flexibility to offer in-state tuition to immigrant students who otherwise are eligible to attend a state college or university. Senator Hatch is chair of the Senate Judiciary Committee.

The DREAM Act is the companion to the bipartisan Student Adjustment Act introduced earlier this year in the House of Representatives by U.S. Representatives Howard Berman of California, Chris Cannon of Utah and Lucille Roybal-Allard of California.

Highlights of the bill include provisions that would:

• Repeal Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which currently discourages states from providing in-state tuition regardless of immigration status;
• Widen the path to legal residency by allowing students with good moral character who came to the United States before they were 16 and who have lived in the U.S. at least five years, to qualify for Conditional Permanent Resident Status (CPRS) upon acceptance to college, graduation from high school or the award of a General Equivalency Diploma (GED);
• Eliminate age limits set by previous legislative proposals by allowing students to qualify, regardless of age, so long as they meet the above requirements;
• Protect from deportation as long as the student remains in school immigrant students who are at least 12 years old and meet all other qualifications except high school graduation;
• Provide Conditional Permanent Residency Status (CPRS) for qualified immigrant students for six years: during that time period, students would be accorded all rights of a Lawful Permanent Resident (LPR) as long as they maintain good moral character, avoid lengthy trips and meet one of three detailed requirements involving college status, service in the Armed Forces or volunteer community service; typically, at the end of CPRS periods, LPR status is granted if certain other conditions are met;
• Include a hardship provision to allow the extension of the six-year time period for meeting the above requirements for good cause. In addition, the requirements may be waived completely if there are compelling reasons preventing their completion and if removal of the student would result in exceptional and extremely unusual hardship to the student, or the student’s spouse, parent or child.

Contact Information:

The fax number for the leadership of the Senate Judiciary Committee is Fax: 202-224-9102. The telephone number for Senate Judiciary Committee offices is: 202-224-5225. Individual members of the Senate Judiciary Committee are:

For more information, contact HACU Legislative Affairs Executive Director Luis Maldonado at (202) 833-8361 (lmaldonado@hacu.net).

HACU Action Alerts are a service of the

Hispanic Association of Colleges and Universities.