migrant students at Brave New Films

Story of an Awakened DREAMer

2008-03-29T16:38:14Z

I hit the boiling point a month or so ago and it wasn’t very pleasant. I told a close friend that the time had come for me to see a counselor, since I wasn’t feeling very well for the past two weeks or so. He agreed and encouraged me to go.

I entered the counseling center and waited for the counselor to see me. She came for me and we went into her office, introduced each other, and started to ask basic information about me. Everything started when she asked where I was from. I told her that I’ve lived in the United States for about 13 years or so and that my parents were from Mexico. From there, she began to comprehend the source of my stress as I began my story.

Section 4 of S. 774 Helps Students Who Came into the United States as Children

2008-02-19T23:06:49Z

One of the positive aspects about the DREAM Act is that it recognizes that we did not come into this country on our own will. Since most of the DREAM Act beneficiaries stayed in the country after turning 18, they are considered inadmissible under immigration law if beneficiaries of this act were to return to their home countries to apply “the legal way”, which would render them inadmissible for 10 years.

In order for DREAM Act beneficiaries to qualify for cancellation of removal and to adjust status, section four requires students to have been continually present for more than five years and be no more than 16 years of age when they came into the country. They must also demonstrate good moral character and not be convicted of a crime or admitting to have done so without conviction. One crime is forgiven if the beneficiary was convicted before the age of 18. The student must also have either earned a high school diploma or a GED certificate and must have been accepted into an institution of higher education. Finally, the student must not be under a final order of deportation or removal, unless it was given before the age of 16.

Given these measures, do you think the DREAM Act is strict and fair enough? I would like to reconsider the requirement for a high school diploma or a GED certificate. If this bill’s aim is to help achieving students, then should it only apply to those who graduated from high school? Is it fair?

DREAM Act of 2007: Up Close and Personal

2008-02-22T13:32:41Z

A friend and I agreed that it's best if we explain together the DREAM Act (Development, Relief, and Education for Alien Minors Act of 2007) in detail; so far, we've mentioned the DREAM Act briefly and decided that it merits analysis. We hope that this spurs some discussion on some of the provisions of this act and informs students who may not know the full details of this act.

Sections 1 and 2 deal with the title and definitions used in the DREAM Act. Section three deals with instate tuition.

According to the act,

SEC. 3. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES OF HIGHER EDUCATION BENEFITS.

(a) In General- Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.

(b) Effective Date- The repeal under subsection (a) shall take effect as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat. 3009-546).

This section deals with the controversial clause to give the states the right to provide instate tuition for students like us.

Section 3a refers to the following section in the act it quotes from:

(a) In General.--Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident.

In other words, instate tuition falls under such a category. However, states like Illinois have been able to get around this clause. More interesting, however, is the following:

(a) GAO Study and Report.--

(1) Study.--The Comptroller General shall conduct a study to determine the extent to which aliens who are not lawfully admitted for permanent residence are receiving postsecondary Federal student financial assistance.

(2) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit a report to the appropriate committees of the Congress on the study conducted under paragraph (1).

Maybe before moving on this with analysis, I should first get a hold of these findings. In the meantime, for now, I leave this question open to all students and our viewers. Should the DREAM Act include instate tuition? This was a question that even students like us debated when the DREAM Act was presented last year, so that it would make it more “palatable” to legislators.

Whatever Happened to Marie Gonzalez?

2008-05-31T01:52:28Z

She gave a voice and a face to us, DREAMERs, in 2003. She was one of the first as well to bring attention to this issue. Unfortunately, she was not able to convince the immigration judge to allow her family to stay. They were deported to Costa Rica, while she was allowed to stay to start college.

It all started when she, unaware of her situation, attempted to get a driver's license at the DMV. Someone at the DMV tipped USCIS officials about Marie and her parents. The authorities discovered that they had overstayed their visas. Deportation proceedings followed.

She was given the chance to renew her period of stay while she waited for the DREAM Act to pass since 2003. It's 2008 now and she is a senior in college. Some report that she's due in court in January 30, 2008. She will also be 18 hours short of graduation.

I spoke with some of the members of this blog to bring attention to this issue once again. Marie should be allowed to stay at least one more year. She needs our help.

In the meantime, where are you Marie? What's the plan? How can we help?