Rachel Browning’s Legal Blog

A few days ago Congressmen Howard Berman (D-CA) and Lincoln Diaz-Balart (R-FL), announced the reintroduction of the Development, Relief, and Education for Alien Minors (the “DREAM Act”) in the U.S. House of Representatives.  The American DREAM Act seeks to facilitate access to postsecondary educational opportunities for immigrant students in the United States who currently face barriers in pursuing a college education.  It provides a path to U.S. legal residency for students, and military personnel who were brought to the U.S. as children with their parents and who lack legal immigrant status in the U.S. 

“Our students and brave soldiers should not be punished for a decision which was made by their parents, in which they often played no role. The Supreme Court has prohibited states from barring undocumented students from attending primary and secondary schools. Unfortunately, once these students graduate from high school, their educational aspirations are often halted,” said Diaz-Balart.

Congressmen Berman, in his address to the House of Representatives, recalled the situations of two individuals which prompted his interest in introducing the Dream Act:

My own interest in this issue was intensified when a family near my district wrote to me asking for help for a young undocumented student. This young woman was brought to the United States by her mother when she was a small child. She attended public schools in California, where she was an honors student in high school, received awards for her outstanding community service, and graduated with a near perfect grade point average. When it came time for her to go to college, she found that she was ineligible not just for federal financial aid, but for in-state tuition as well…She was undocumented and had no reasonable means to adjust her status.

Shortly before I encountered this young woman’s family, an outstanding young man in my district was brought to my attention because he wanted very much to get an appointment to one of the military academies and serve his country. He was a successful high school student and would have made an excellent appointment. But shortly into the process, it was determined that though he had lived in the United States for most of his life, he was undocumented and wouldn’t have been able to accept the nomination. A few weeks after this occurred; I was at a dinner where I happened to be seated next to the Secretary of the Army. I related the situation to the Secretary over dinner, and we discussed what a waste it was to have to turn away a young man with such promise and dedication. A few days later I got a letter from the Secretary expressing interest in finding a way to let young people like my constituent who feel the call to serve their country, do so.

I realize that the topic of comprehensive reform (what some refer to as “amnesty”) is controversial.  But it seems to me that if there is any area in which a consensus could be reached between our elected representatives, the DREAM Act is one place in which Congress and our President could work together to create meaningful reform.  The proposed bill already has bi-partisan support.  All that is needed is the political will to see its passage through.  What remain to be seen, too, is how the bill would evolve, what kind of parameters would be put into place, and how many young people would be able to benefit from its provisions.  But if you believe as Congressmen Berman and Diaz-Balart do (and as I do) that kids who are willing to work and who desire to achieve something for their communities and their country should have the tools and support to reach those goals, then call or write to your elected representatives and ask them to support the DREAM Act. 

For more information about this and other immigration issues, Contact the Attorneys of Smith & Garg in Houston or The Woodlands, Texas.