DREAM Act: Basic Information SEE ALSO STUDENT RESOURCES

What is the DREAM Act?

     The Development, Relief, and Education for Alien Minors Act (DREAM Act) is bipartisan legislation sponsored in the Senate by Richard Durbin (D-IL), Chuck Hagel (R-NE), and Richard Lugar (R-IN) ---- and in the house by Lincoln Diaz-Balart (R-FL), Howard Berman (D-CA), and Rep. Lucille Roybal-Allard (D-CA) ---- that addresses the situation faced by young people who were brought to the U.S. years ago as undocumented immigrant children but who have since grown up here, stayed in school, and kept out of trouble.

What are the requirements?

     To qualify for immigration relief under the DREAM Act, a student must have been brought to the U.S. more than 5 years ago when he or she was 15 years old or younger and must be able to demonstrate good moral character. Under the DREAM Act, once such a student graduates from high school, he or she would be permitted to apply for conditional status, which would authorize up to 6 years legal residence. During the 6-year period, the student would be required to graduate from a 2-year college, complete at least 2 years towards a 4-year degree, or serve in the U.S. military for at least 2 years. Permanent residence would be granted at the end of the 6-year period if the student has met these requirements and has  continued to maintain good moral character. The DREAM Act would also eliminate a federal provision that discourages states from providing in-state tuition to their undocumented immigrant student residents, thus restoring full authority to the states to determine state college and university fees.

Why is the DREAM Act needed?

     Each year about 65,000 U.S. ---- raised students who would qualify for the DREAM Act's benefits graduate from high school. These include honor roll students, star athletes, talented artists, homecoming queens, aspiring teachers, doctors, and U.S. soldiers. They are young people who have lived in the U.S. for most of their lives and desire only to call this country their home. Even though they were brought to the U.S. years ago as children, they face unique barriers to higher education, are unable to work legally in the U.S., and often live in constant fear of detection by immigration authorities.

Status of the DREAM Act

     Support for the DREAM Act has grown each year since it was first introduced in 2001 during the 107th Congress. In past years it has garnered 48 Senate cosponsors and more than 152 Republican and Democratic House cosponsors, more than one-third of the House. It has twice passed the Senate Judiciary Committee in bipartisan fashion, by a 16-3 vote without dissent as an amendment to the comprehensive immigration reform bill. For the first time May 2006, the DREAM Act passed the full Senate as part of the Comprehensive Immigration Reform Act of 2006 (S. 2611). It very likely also would have passed the House if brought up for vote last year, but the House leadership could not be persuaded to bring it up.

     Most observers believe that the DREAM Act has a better chance of enactment this year than it has ever had. It continues to attract bipartisan support and now for the first time also enjoys the strong backing the House and Senate leadership and all of the relevant committee chairs.

Provided by the National Immigration Law Center

Assembly Bill 540

The Law

    AB 540, signed into law on October 12, 2001, authorizes any student, including undocumented students who meet specific criteria to pay in-state tuition at California's public colleges and universities (e.g. California Community College, California State University, and University of California).

    Non-resident students are required to pay "out-of-state" or "non-resident" tuition fees to attend California's public colleges and universities. These fees are much higher than "in-state" or "resident" tuition fees. For example, AB 540 allows undocumented students to pay $26 per unit (in-state) fees at California community colleges versus approximately $197 per unit (out-of-state) fees. It also allows you to pay $2,864 (in-state) fees versus approximately $12,420 (out-of-state) fees at California State Universities (CSU) campuses and $6,141 (in-state) fees versus approximately $22,504 (out-of-state) fees at University of California (UC) campuses.

    Any student, except a person in nonimmigrant status, who meets the requirements, shall be exempt from paying nonresident tuition at all public colleges and universities in California if they meet the following requirements:

AB 540 Eligibility Requirements

You must have attended a California high school for 3 or more years;

You must have graduated from a California high school or attained the equivalent of a high school diploma;

You must have registered or currently be enrolled at an accredited institution, stating that you will apply for legal residency as soon as possible; and

You may not be a non-immigrant holding a valid lettered non-immigration visa¹

AB 540 Affidavit "California Non-Resident Tuition Exemption Request"

    You must obtain, complete, and submit the AB 540 Affidavit to the appropriate office of the college you WILL attend in order to receive the exemption from the non-resident tuition.

    California Community Colleges (CCC): Request and submit the completed AB 540 Affidavit at the Admissions Office when you register/enroll. You may be required to submit additional documentation such as high school transcripts and appropriate records of high school graduation or the equivalent.

    California State University (CSU): Request and submit the AB 540 Affidavit to the Office of Admissions and Records from the campus you will be attending after you have been admitted. You will be required to submit additional documentation such as high school transcripts and appropriate records of high school graduation or equivalent.

    University of California (UC): Request and submit the AB 540 Affidavit to the Office of Registrar at the UC campus you will be attending. The Affidavit will need to be submitted once you have been admitted to the UC campus. Check with your campus for more specific instructions.

    ¹Non-immigrant students are not eligible for this exemption. Non-immigrant students, as defined by federal immigration law, may hold one of the following visas: A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, TN, TD, and V. and TROV and NATO.

Provided by USC Center for Higher Education Policy Analysis

Financing Your Education

    Undocumented students are eligible for many private scholarships. Use scholarship engines like www.fastweb.com, www.maldef.org, and www.salef.org  to look for scholarships.

There are organizations and individuals that provide scholarships to undocumented students; however these are limited in number and becoming increasingly competitive.

Students must contact individual scholarship providers for eligibility requirements, specific deadlines, and application process information. Make sure to obtain information from a representative since the information printed on the list may be outdated; also, be sure to CHECK ELIGIBILITY REQUIREMENTS. You do not want to spend hours putting a scholarship application packet together only to find out that you are ineligible or that the scholarship is no longer offered.

You should also ask about how the scholarship is awarded. Is the money given to you in the form of a check? Is the money deposited directly with the college? Answers to these questions are important because they determine whether the money may be used for tuition only or for housing, food, books, or other costs you may incur as a student. Some scholarship providers may provide students with a check and others may send it directly to the school you will attend.

It is recommended that students begin looking for scholarships as early as possible. What does this mean? Do not wait until the summer before entering college to apply! Begin your search while in high school and within your high school, school district and local community.