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Plyler v. Doe: What Prompted it?
"In 1975, the Texas Legislature authorized local school districts to deny enrollment in public schools to foreign-born children who were not “legally admitted” to the United States. Two years later, the Tyler Independent School District adopted a policy requiring foreign-born students to pay tuition if they were not “legally admitted" ("Public Education for Immigrant", 2012). -
Plyler v. Doe
"In June 1982, the Supreme Court issued Plyler v. Doe, a landmark decision holding that states cannot constitutionally deny students a free public education on account of their immigration status. By a 5-4 vote, the Court found that any resources which might be saved from excluding undocumented children from public schools were far outweighed by the harms imposed on society at large from denying them an education" ("Public Education for Immigrant", 2012). -
What is the DREAM Act?
"The DREAM Act (S. 952, H.R. 1842) provides “conditional” permanent residency to qualified unauthorized immigrants who enrolled in college or serve in the military. After meeting a set of requirements, including completion of at least two years of college or military service, the conditional status could be converted to full-fledged permanent resident status, which is a prerequisite for obtaining U.S. citizenship" ("A Comparison of DREAM", 2012) -
DREAM Act: Reasoning
There is already broad recognition that young people who were brought to the United States at a young age by their parents should not be penalized for their lack of immigration status. They have been raised and educated here, and are “American” in nearly every sense of the word. There is a growing consensus that they deserve permanent status" ("A Comparison of the DREAM", 2012). -
DREAM Act Introduced
"The Development, Relief, and Education for Alien Minors Act, or “DREAM Act,” would provide a pathway to legal status for the thousands of undocumented students who graduate from high school each year. On March 26, 2009, Senators Richard Durbin (D-IL) and Richard Lugar (R-IN) and Representatives Howard Berman (D-CA), Lincoln Diaz-Balart (R-FL), and Lucille Roybal-Allard (D-CA) introduced the DREAM Act as S. 729 and H.R. 1751, respectively" ("The DREAM Act", 2010). -
Who does the DREAM Act Benefit?
"The DREAM Act addresses the plight of young undocumented immigrants growing up in the United States who wish to go to college and obtain lawful employment. The bill allows current, former, and future undocumented high-school graduates and GED recipients a pathway to U.S. citizenship through college or the armed services" ("The DREAM Act", 2010). -
DREAM Act Dies in the Senate
The Dream Act, died on the Senate floor on Saturday morning.The vote to end debate on the Dream Act and move to a final vote received only 55 votes, short of the 60 votes needed to overcome a Republican-led filibuster. Forty-one senators voted no (Monotopoli, 2010). -
Obama Creates DACA
"President Obama created a new policy calling for deferred action for certain undocumented young people who came to the U.S. as children. Applications under the program which is called Deferred Action for Childhood Arrivals (“DACA”) began on August 15, 2012" ("DACA", 2015). -
Who is Eligible for DACA?
Basics: are under 31 years of age as of June 15, 2012; came to the U.S. while under the age of 16; have continuously resided in the U.S. from June 15, 2007; are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the armed forces; have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors of any kind ("DACA", 2015). -
DACA v. DREAM Act
"Is the passing of the DREAM Act still necessary? Deferred action is only a temporary measure and is not intended to, and does not grant, legal status to the individuals that the DREAM Act seeks to benefit. Given that only Congress can confer the right to lawful permanent resident status or citizenship, it is essential that we continue to work towards the passage of the DREAM Act" ("DACA", 2015) -
S.744 Basics
"The “Border Security, Economic Opportunity, and Immigration Modernization Act,” or S. 744, is a broad-based proposal for reforming the U.S. immigration system written by a bipartisan group of eight Senators known as the “Gang of Eight” ("A Guide to S.744",2013). -
How is S.744 Organized?
"The bill is broken into five large sections, or titles, each of which has many subparts. You may hear references to Border Security (Title I), Immigrant Visas (Title II), Interior Enforcement (Title III), Reforms to Nonimmigrant Visa Programs (Title IV), and Jobs for Youth (Title V), or you may hear individual portions of the bill referenced, such as section 2741" ("A Guide to S.744",2013). -
S.744 Connected to Higher Education: Title II Immigrant Visas
This title addresses permanent legal status in the United States. It creates a Registered Provisional Immigrant program for undocumented immigrants and incorporates versions of the DREAM Act and AgJOBS, for undocumented young people brought to the U.S. as children and for agricultural workers, respectively. It creates a new merit system that is based on points accrued through education, employment, and family ties ("A Guide to S.744",2013). -
The Death of S.744
By an overwhelming margin of 68 to 32 votes, the Senate passed S. 744. The House of Representatives refused to consider it—or any other form of immigration reform—and S. 744 died a slow, painful death in the 113th Congress (Wolgin, 2015). -
S.744 Registered Provisional Immigrant program: DREAMERS
A version of the DREAM Act has been incorporated into the RPI program to address the special situation of many undocumented immigrants who entered the U.S. as children. DREAMers, may apply for Lawful Permanent Residence after five years in RPI status ("A Guide to S.744",2013). -
Obama: Impact on Undocumented Students
"More than 500 days after the Senate passed S. 744—President Barack Obama announced the expansion of the Deferred Action for Childhood Arrivals, or DACA, program, and the creation of the Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA, program" (Wolgin, 2015). -
Obama: DACA and DAPA
"These programs would provide a starting point to keep families together and supercharge the economy. Along with the original 2012 DACA program, the DACA expansion and DAPA are set to give more than 5 million people temporary relief from deportation and work permits" (Wolgin, 2015) -
Expansion of DACA & Creation of DAPA: Blocked In Texas
A federal judge in Texas blocked these two programs (expanded DACA and DAPA). The injunction meant that the two programs could not be implemented. On November 9, 2015, the 5th Circuit Court of Appeals in New Orleans reaffirmed the decision. The 2-1 ruling meant that President Obama’s expanded DACA and DAPA programs could not be implemented. The Obama Administration asked the Supreme Court to take the case ("United States v. Texas", 2016). -
Hillary Clinton: Presidential Election 2016
Hillary will: Defend President Obama’s executive actions—known as DACA and DAPA—against partisan attacks. Hillary believes DAPA is squarely within the president’s authority and won’t stop fighting until we see it through. The estimated 5 million people eligible for DAPA—including DREAMers and parents of Americans and lawful residents—should be protected under the executive actions ("Immigration Reform", 2015). -
Immigration Reform and Higher Education
"Given that the national consciousness has largely shifted toward national security and more stringent immigration policy (in light of recent terrorist attacks around the globe), the intersection of immigration and higher education policy will be a key issue in the coming year" (Harnisch & Lebioda, 2016). -
Supreme Court: DACA Expansion & DACA Creation Killed
"The U.S. Supreme Court reached a 4-4 split decision that leaves in place the lower court’s decision. This “tie” effectively kills the executive action for at least the remainder the Obama presidency. DAPA and DACA+ will not be implemented" (United States v. Texas", 2016). -
June 2016: Current Status of DACA
"The court’s injunction does not affect the original DACA program. If you have been granted DACA, it is still in effect. If you are eligible for DACA but never applied, you may apply. If you need to renew DACA, you may still renew it" (United Sates v. Texas", 2016). -
Trump Presidential Election 2016: Path to Legal Status
"For those here today illegally who are seeking legal status, they will have one route and one route only: to return home and apply for re-entry like everybody else under the rules of the new legal immigration system that I have outlined above" (Corasaniti, 2016).
