SIGNIFICANT CHANGES TO DREAM ACT INTRODUCED BY MAJORITY LEADER REID

Late last night, Majority Leader Reid (D-NV) filed a new version of the DREAM Act (S. 3992) with the aim of attracting broader support for DREAM to get the requisite 60 votes to pass the Senate. With the filing of this new bill, the anticipated date for bringing DREAM to a vote will be delayed. The earliest Reid could file a cloture motion on the new bill would be this coming Thursday. After waiting out the requisite 30 hours post-cloture, it could “ripen” over the weekend, and effectively come up for a vote on Monday at the earliest.

The new version addresses many of the concerns raised by Republicans and tightens the restrictions on eligibility in several respects. Among other changes, the new version does the following:

• Excludes from eligibility those with certain criminal convictions, such as for offenses punishable by a maximum term of more than 1 year (felony) or 3 misdemeanors
• Requires all applicants to provide their biometric data to DHS, to submit to background checks and medical examination, and to register for military selective service
• Requires applicants to pay all taxes
• Sets the cut-off age to those who are less than 30 years-old on the date of enactment
• Provides a “safe harbor” from removal only to those applicants who present a prima facie case of eligibility
• Extends the good moral character requirement back to the date the alien entered the United States rather than the date of enactment of DREAM
• Expands the applicable grounds of inadmissibility to include the health-related, public charge, smuggling, draft dodging, and unlawful voting grounds
• Expands the applicable grounds of deportability to include public charge, unlawful voting, and marriage fraud grounds
• Excludes those who participated in persecution
• Clarifies that no one can apply before 1 year after enactment
• Requires applicants to demonstrate eligibility by a preponderance of the evidence
• Eliminates repeal of the in-state tuition ban
• Defines institution of higher education to include only U.S.-based programs
• Requires those who subsequently apply for adjustment to meet the English language and civics requirements typically required for naturalization
• Expands the circumstances where disclosure of confidential information about DREAM applicants is required for homeland security or national security purposes
• Creates conditional nonimmigrant status for 10 years, followed by 3 years of LPR status prior to application for naturalization

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Written by Chris Jaensch

Attorney P. Christopher Jaensch received a Bachelor of Arts degree in History in 1992 and a Juris Doctor degree in 1995 from the University of Florida. While at UF, he was a member of Sigma Chi Fraternity, Phi Beta Kappa Society and Florida Blue Key, the oldest and most prestigious leadership honorary in the state of Florida.

Mr. Jaensch is a member of the Florida Bar, the American Immigration Lawyers Association (AILA) and the Sarasota Bar Association. He has served as President of the Sarasota-Manatee International Trade Club and served as Regional Vice Chair, Tampa Bay, for the Central Florida Chapter of AILA. He was a member of City of Sarasota Charter Review Committee and has been active in several local organizations, including the influential Laurel Park Neighborhood Association in downtown Sarasota.

Mr. Jaensch has over 18 years of experience in the field of immigration and nationality law and focuses his practice on four primary categories (a) investors and entrepreneurs, (b) business executives, managers and professionals, (c) amateur and professional athletes and coaches and (d) performing artists and immigrants with extraordinary ability.