Last week the House overwhelmingly passed the American Dream and Promise Act of 2021 that offers to provide a permanent legislative solution for certain immigrants to end the limbo they have been in for years, but the bill has an uncertain future when it comes to passage in the Senate.

At this time there is nothing that can be done but wait to see if the bill hopefully becomes law in the near future. I want to answer a few of the questions many of you may have to help you understand the bill.

What is the American Dream and Promise Act of 2021?

The American Dream and Promise Act of 2021 was introduced on March 3, 2021, in the U.S. House of Representatives by Congresswoman Lucille Roybal-Allard who represents California’s 40th Congressional District.

On March 18, 2021, the bill passed in the House of Representatives. Nine (9) Republicans voted with Democrats to pass the measure. If the bill is passed in the U.S. Senate, it will provide a pathway to citizenship to DACA recipients (also known as DREAMers), Temporary Protected Status (TPS), and Deferred Enforced Departure (DED) beneficiaries by permanently protecting them from deportation and allowing them to live and work while they continue to play a vital role in the society of the United States.

The bill consists of the following 3 short Titles:

Title I - Dream Act of 2021
Title II - American Promise Act of 2021
Title III - General Provisions

In this article, we are going to focus on Title I of the Act, the Dream Act of 2021.

What is the Dream Act of 2021?

If the bill becomes law, the Dream Act of 2021 will provide Deferred Action for Childhood Arrivals (DACA) recipients or DREAMers a clear path to citizenship if the individual meets the specific requirements in a three (3) step process:

Step 1.    Permanent Resident Status on a Conditional Basis

DACA recipients or those who meet ALL of the requirements will be eligible to obtain Conditional Permanent Resident (CPR) status for a period of ten (10) years.

What are the requirements for DACA recipients to apply for Conditional Permanent Resident status under the Dream Act of 2021?

If and when the bill becomes law, these are some of the requirements for DACA recipients to apply for Conditional Permanent Resident (CPR) status under the Dream Act of 2021:

• Have been continuously and physically present in the United States on or before January 1, 2021;
• 18 years of age or younger on the date of entry into the United States and have continuously resided in the United States since that date;
• Have graduated or are currently enrolled in high school; obtained or are currently enrolled to obtain a General Educational Development (GED) certificate; obtained or are currently enrolled to obtain credentials or a certificate from a career or technical school, or obtained or are currently enrolled to obtain recognized postsecondary credentials;
• Have not been ordered, incited, assisted, or otherwise participated in the persecution of any person;
• Have not been and is not a threat to public safety;
• Except for crimes related to lack of immigration status, or certain marijuana-related crimes, or nonviolent civil disobedience or minor traffic offenses; have not been subject to any criminal and national security bars and have not been convicted of:

- An aggravated felony, crimes involving moral turpitude, or any drug-related offenses;
- A felony offense under Federal or State Law punishable by a maximum term of imprisonment of more than 1 year;
- Three (3) or more misdemeanors under Federal or State Law, not occurring on the same date, and not arising out of the same act, omission, or scheme; and not imprisoned for an aggregate of 90 days or more; or
- Any domestic violence offense (domestic violence, sexual assault, stalking, child and later life/elder abuse or neglect, human trafficking, battered or subjected to extreme cruelty or a victim of criminal activity, etc).

• Have not participated in gang-related activities within the past five (5) years;
• Have successfully satisfied all background checks requirements;
• Have registered with the Selective Service System, if male and subject to registration; and
• Pay a reasonable application filing fee.

Step 2.    Lawful Permanent Residence status or a “Green Card”

Conditional Permanent Residents (CPR) who maintained their status, will be eligible to remove the conditions of their “Conditional Permanent Resident” status to be admitted as Lawful Permanent Residents (LPR) if they meet or satisfy ONE of the following requirements:

• Have obtained a degree from an institution of higher education, or has completed at least two (2) years, in good standing, of a program in the U.S. leading to a Bachelor’s Degree or higher degree or a recognized postsecondary credential from a career and technical school providing education at the postsecondary level;
• Have served in the U.S. Armed Forces for at least 2 years and, if discharged, received an honorable discharge; or
• Can demonstrate earned income for periods totaling at least three (3) years and at least 75% of the time that the individual has had a valid employment authorization.

Step 3.     U.S. Citizenship

The opportunity to apply to become a U.S. Citizen through Naturalization for those who maintained their Lawful Permanent Resident Status for five (5) years.

In addition, the bill includes the following provisions:

Repeals the law which penalizes States that grant in-state tuition to undocumented students on the basis of residency and allows DREAMers to access federal financial aid, and allows eligible DREAMers deported under the Trump administration to apply for relief from outside the United States.

Waivers

The Department of Homeland Security (DHS) may waive certain grounds of inadmissibility for humanitarian purposes, for family unity, or because the waiver is otherwise in the public interest.

POSTED BY: Mara Montini

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