LegiStorm

Summary:

On June 4, 2019, the House passed the American Dream and Promise Act of 2019 (H.R. 6) on a vote of 237 to 187. Title I of the bill, the Dream Act of 2019, would establish a process for certain unauthorized immigrants who entered the United States as children (known as unauthorized childhood arrivals) to obtain lawful permanent immigration status. This vote on H.R. 6 was the latest in a line of House and Senate floor votes on legislation to grant some type of immigration relief to unauthorized childhood arrivals. As commonly used, the term "unauthorized childhood arrivals" encompasses both individuals who entered the United States unlawfully, and individuals who entered legally but then lost legal status by violating the terms of a temporary visa. There is no single set of requirements that defines an unauthorized childhood arrival. Individual bills include their own criteria. Legislation on unauthorized childhood arrivals dates to 2001. The earliest bills, which received Senate committee action in the 107th and 108th Congresses, only addressed unauthorized childhood arrivals. More recent proposals receiving legislative action have combined provisions on unauthorized childhood arrivals with other immigration provisions—in some cases, these have been major bills to reform the immigration system, such as Senate-passed S. 744 in the 113th Congress. None of these bills have been enacted into law. Most measures on unauthorized childhood arrivals that have seen legislative action have proposed mechanisms for eligible individuals to become lawful permanent residents (LPRs), typically through a two-stage process. Criteria to obtain a conditional or temporary status (stage 1) commonly include continuous presence in the United States for a minimum number of years prior to the date of the bill's enactment, initial entry into the United States as a minor, and satisfaction of specified educational requirements. Criteria to become a full-fledged LPR (stage 2) typically include satisfaction of additional educational requirements or service in the Armed Forces, or, in some cases, employment. Proposals to grant legal immigration status to unauthorized childhood arrivals also require applicants to clear criminal and security-related ineligibility criteria. In June 2012, following unsuccessful efforts in the 111th Congress to enact legislation to grant LPR status to unauthorized childhood arrivals, the Department of Homeland Security (DHS) announced the Deferred Action for Childhood Arrivals (DACA) initiative. Under this initiative, eligible unauthorized childhood arrivals could receive renewable two-year protection from removal and work authorization. The eligibility criteria for an initial grant of DACA were broadly similar to those in earlier bills on unauthorized childhood arrivals and included continuous residence in the United States since June 2007, initial U.S. entry before age 16, and satisfaction of educational requirements or service in the Armed Forces. In September 2017, Attorney General Jeff Sessions announced that DACA was being terminated. Due to court rulings to date, however, past recipients continue to be able to request DACA. The U.S. Supreme Court is scheduled to hear arguments on the DACA rescission on November 12, 2019. According to USCIS data, there were approximately 669,080 active DACA recipients as of April 30, 2019, and the total number of individuals who had ever been granted DACA was 822,063 as of July 31, 2019. These DACA recipient numbers can be compared to estimates of the DACA-eligible population. The Migration Policy Institute has estimated that as of 2018, 1,302,000 individuals met the original DACA eligibility requirements and an additional 356,000 met the age, residence, and immigration status criteria but not the educational requirements. It remains to be seen whether H.R. 6, as passed by the House, or another measure to grant legal status to unauthorized childhood arrivals will be enacted into law.