American DREAM and Promise Act
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| American DREAM and Promise Act | |
|---|---|
| Name | American DREAM and Promise Act |
| Introduced | 2017 |
| Introduced by | Bob Menendez; Lindsey Graham |
| Committees | United States Senate Committee on the Judiciary; United States House Committee on the Judiciary |
| Status | Various bills; none enacted as standalone federal statute (as of 2021) |
American DREAM and Promise Act
The American DREAM and Promise Act is a series of legislative proposals in the United States Congress seeking permanent lawful status for certain recipients of Deferred Action for Childhood Arrivals and beneficiaries of the Deferred Action for Parents of Americans-style protections, alongside a pathway to United States citizenship for eligible noncitizens. The bills were introduced in multiple sessions of Congress and debated in the United States Senate and the United States House of Representatives, drawing involvement from lawmakers such as Joe Biden-era officials, senators like Dick Durbin, and representatives including Lucille Roybal-Allard.
Background and Legislative History
The proposals trace roots to the Development, Relief, and Education for Alien Minors Act and later iterations such as the Bipartisan Immigration Reform Act of 2013, aligning with advocacy by groups including United We Dream, American Civil Liberties Union, and National Immigration Law Center. Early sponsors included Jason Chaffetz critics and proponents like Marco Rubio in earlier DREAM debates, while the 2017 and 2019 drafts were shepherded by lawmakers such as Bob Menendez, Lindsey Graham, Dick Durbin, and Ruben Gallego. Legislative milestones intersect with events like the 2012 Deferred Action for Childhood Arrivals memorandum under the Barack Obama administration and legal challenges from entities such as the Department of Justice and state actors like Texas and Arizona. The bills were considered amid broader efforts including the House Judiciary Committee markup sessions and negotiations tied to budget and appropriations measures linked to leaders like Nancy Pelosi and Mitch McConnell.
Provisions of the Act
Drafts of the Act include provisions establishing conditional permanent residence and a timeline to apply for lawful permanent resident status, followed by eligibility for naturalization after meeting residency, language, and civic requirements similar to existing Immigration and Nationality Act pathways. The text addresses protections from deportation, work authorization via Form I-765-style processes administered by United States Citizenship and Immigration Services, and aims to codify relief formerly created by executive orders or DHS memoranda. Additional sections propose safeguards for military enlistment tied to the United States Armed Forces and educational access linked to institutions like the Department of Education and public universities such as University of California campuses. Enforcement clauses reference coordination with agencies including the Department of Homeland Security, Customs and Border Protection, and federal courts such as the United States Court of Appeals for the Fifth Circuit.
Eligibility Criteria
Eligibility frameworks center on beneficiaries who arrived as minors, recipients of Deferred Action for Childhood Arrivals, and holders of Temporary Protected Status-like protections, requiring continuous presence since specified cutoff dates and background checks by agencies such as Federal Bureau of Investigation and Department of Homeland Security. The bills set criminal bars excluding individuals with convictions comparable to offenses prosecuted in United States District Court settings and require biometric screening involving databases used by Immigration and Customs Enforcement. Some drafts carve exceptions for beneficiaries of humanitarian statutes like the Violence Against Women Act or applicants with ties to service in the United States Military.
Implementation and Administrative Details
Implementation contemplates regulatory rulemaking by United States Citizenship and Immigration Services and oversight from congressional committees including the Senate Homeland Security and Governmental Affairs Committee. Administrative timelines reference phased application windows and adjudication priorities using systems analogous to E-Verify and electronic filing platforms. Funding proposals envisage appropriations reviewed in Congressional Budget Office cost estimates and oversight tied to GAO audits from the Government Accountability Office. Interagency memoranda of understanding among DHS, Department of Justice, and Department of State are anticipated to address visa adjustments and consular processing for applicants abroad.
Political Support and Opposition
Support came from Democrats including Nancy Pelosi, Chuck Schumer, and Alexandria Ocasio-Cortez as well as immigrant advocacy coalitions like America's Voice and labor organizations such as the AFL–CIO. Some Republicans, including Lindsey Graham and members of the Republican Main Street Partnership, expressed conditional backing tied to enforcement measures favored by legislators such as John McCain before his passing. Opposition arose from conservative figures and organizations including Heritage Foundation and state attorneys general like Ken Paxton of Texas, citing concerns raised in debates by leaders such as Donald Trump and policy analysts from think tanks like the Cato Institute.
Legislative Outcomes and Status
Despite passage in the United States House of Representatives in certain sessions, the Act did not become law as a standalone statute and faced obstacles in the United States Senate where holds and filibuster rules impacted floor action under leaders like Mitch McConnell and Chuck Schumer. Portions of its policy aims were later folded into executive actions by administrations including the Joe Biden administration and litigated in courts including the United States Supreme Court and various federal appellate panels. Congressional efforts continued through amendments, budget riders, and inclusion in broader immigration reform packages considered during sessions presided over by speakers such as Paul Ryan and Kevin McCarthy.
Impact and Criticism
Supporters argue the proposals provide stability for individuals associated with programs like DACA and spur economic contributions measured in analyses by the Urban Institute and Pew Research Center. Critics cite potential administrative burdens on agencies like USCIS and raise legal concerns echoed in briefs filed by the Department of Justice under different administrations. Academic evaluations from institutions such as Harvard University and Columbia University examined labor market effects, while state-level responses in jurisdictions like California, Florida, and Arizona demonstrated varied political consequences and litigation strategies by state governments and advocacy coalitions.