SPONSOR:

Rep. Miro

 

; Reps. Booth, Carey, Caulk, Fallon, Keeley, Stone, Ulbrich

 

HOUSE OF REPRESENTATIVES

 

142nd GENERAL ASSEMBLY

 

HOUSE RESOLUTION NO. 59

 

ENCOURAGING THE DELAWARE CONGRESSIONAL DELEGATION TO SUPPORT THE DEVELOPMENT, RELIEF AND EDUCATION FOR ALIEN MINORS ("DREAM") ACT.


 


WHEREAS, during the 1990s, the growth of the immigrant worker population led to an increase in the number of children brought here by their parents who have grown up in this country, speak English, and are culturally “American”; and

WHEREAS, these children consider the United States their home, and will remain here, even though they do not have legal immigration status.  Far from the image of these children as outsiders to our communities, they are an integral part of our society; and

WHEREAS, they have worked their way through elementary and secondary school, often earning high marks and honors.  As many of these children near high school graduation they find the doors to higher education slammed shut; and

WHEREAS, Senators Orrin Hatch and Richard Durbin introduced DREAM Act 2003 to address this situation; and

WHEREAS, DREAM Act 2003 would repeal section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), which discourages states from providing in-state tuition or other high education benefits without regard to immigration status; and

WHEREAS, under DREAM Act 2003, most students of good moral character who came to the U.S. before they were sixteen years old and at least five years before the date of the bill’s enactment would qualify for conditional permanent resident status upon acceptance to college, graduation from high school, or being awarded a general equivalency diploma (GED).  Students would not qualify for this relief if they had committed crimes, were a security risk, or were inadmissible or removable on certain other grounds; and

WHEREAS, qualifying students would be granted conditional permanent resident status, which would be similar to lawful permanent resident status, except that it would be awarded for a limited period of time – 6 years, under normal circumstances – instead of for an indefinite one.  Students with conditional permanent resident status would be able to work, drive, go to school, and otherwise participate normally in day-to-day activities on the same terms as other Americans, except that they would not be able to travel abroad for lengthy periods.  Time spent by young people in conditional permanent resident status would count towards the residency requirements for naturalization to U.S. citizenship; and

WHEREAS, at the end of the conditional period, regular lawful permanent resident status would be granted if, during the conditional period, the immigrant had maintained good moral character, avoided lengthy trips abroad, and met at least one of the following three criteria:

1.                             Graduated from a 2-year college or a vocational college that meets certain criteria, or studied for at least 2 years towards a bachelor’s or a higher degree; or

2.                             Served in the U.S. armed forces for at least 2 years; or

3.                             Performed at least 910 hours of volunteer community service.

The six-year time period for meeting these requirements would be extendable upon a showing of good cause, and the Department of Homeland Security would be empowered to waive the requirements altogether if compelling reasons such as disability prevented their completion and if removal of the student would result in exceptional and extremely unusual hardship to the student, or to the student’s spouse, parent or child.

NOW, THEREFORE:

                BE IT RESOLVED by the House of Representatives of the 142nd General Assembly of the State of Delaware, the Senate concurring therein, that the Delaware Congressional Delegation be encouraged to support and vote for DREAM Act 2003.

                BE IT FURTHER RESOLVED that suitably prepared copies of this Resolution be prepared by the Clerk of the House and the Secretary of the Senate and sent to The Honorable Joseph R. Biden, The Honorable Thomas R. Carper and The Honorable Michael N. Castle at their respective Congressional offices.        `