Robert entered the US when he was nine years old. His parents enrolled him in a private school for his elementary and secondary education. When Robert turned 16 years old, most of his classmates got their driving permits but not Robert. His parents said that he was too young to drive at 16.
When Robert was a senior year in high school, he made applications to different universities and colleges. Many of his classmates applied for federal and state grants/scholarships. Robert tried to apply but he has no social security number. He asked his parents for his social security number and his passport. This time, Robert was told for the first time that he is an undocumented immigrant having no legal immigration status to live in the US. This came as a shock for Robert who was devastated. He now refuses to go to college and left his family home. He is now living independently taking odd jobs from different establishments. His dream of becoming an engineer has been shattered.
Robert represents many children of undocumented immigrants who entered the US at a young age. Many of them have limited options after they finish high school. Students who do not have legal status are only accepted in a limited number of colleges. Their options are not too many.
Considering the high cost of education, many students work while studying. Undocumented students, on the other hand, are not able to apply for decent jobs because they have no social security numbers and employment authorizations. Assuming some of them are able to enter and finish college, these same individuals will also experience the same problems when they finish college. They will not be able to work in their desired jobs or professions because of their undocumented status.
For almost ten years now, advocates for immigrants have proposed a solution to the dilemma that this group of undocumented students are undergoing. A bill in Congress called the DREAM Act (Development, Relief, and Education of Alien Minors Act) was introduced. If passed into law, the DREAM Act will provide qualified undocumented students the opportunity to secure legal permanent status in the US.
For undocumented aliens to obtain legal status under the DREAM Act, there are proposed eligibility requirements that must be met. The requirements include the following: (1) that the student entered the US before the age of 16, (2) been in the US for not less than 5 years; (3) earned a high school diploma; (4) must have no criminal record and is not a danger to national security. Only conditional resident status is provided and the conditions may only be removed if the student (1) earns a two-year degree from a US institution of higher education or completes at least 2 years of a bachelor’s degree program; or (2) served in the US Armed Forces for two years.
Just like the comprehensive immigration reform bill, this DREAM Act never passed Congress. However, with a strong lobby by immigrant advocates, including many of the DREAM-eligible students who call themselves “undocumented and unafraid”, the DREAM Act is once again being introduced.
The recent congressional election last November 2 was a triumph for Republicans. Majority of the legislators for the incoming congress will be Republicans and conservatives. This is not a good omen for any immigration benefits to be legislated by the next congress. Thus, before the incoming legislators take their seat in January 3, 2011 the present legislators are introducing their own bills for passage during their lame duck session. One of the bills introduced during this lame duck session is the DREAM Act. It remains to be seen whether this time the DREAM Act will pass into law within this short span of time while majority of incumbents are still Democrats.
A few weeks ago, Immigration and Customs Enforcement agents took a 20- year old nurse student of the City College of San Francisco from his home. He was handcuffed and brought to Arizona for deportation to China. Unlike the case of Robert above, Steve Li did not know that he was an undocumented alien. The ICE agents claim that he has a deportation order from the court. Li arrived in the US when he was eleven years old. His parents applied for political asylum that was eventually denied. If the DREAM Act is passed, Li and others similarly situated will have relief from deportation.
Finding the case of Steve Li to be sympathetic, Senator Dianne Feinstein of California introduced a private bill to hold his deportation.
Future of Children Compromised
When parents make decision to migrate overseas, the welfare and interest of their children is always a consideration. For many overseas Filipinos, lifestyle adjustments and sacrifices are endured as a result of migration. When children accompany the migrating parents and there is no certainty as to their status, the future of these children is oftentimes compromised. One has to seriously deliberate prior to making these major decisions and be proactive about the pathway their children will be forced to take.
The political wind in the US Congress will swiftly change with the incoming congress. Hopefully, the DREAM Act becomes a reality to save the thousands of children who are suffering the consequences of a decision they did not make.
(Atty. Lou Tancinco may be reached at law@tancinco.com or at 887 7177 or 721 1963)
