Senators Urge Deferred Immigration Enforcement for DREAM Act-Eligible Students

In a letter this week to President Obama, 22 senators, including Senate Majority Leader Harry Reid, R. Nev., urged the administration to defer immigration enforcement proceedings for “all young people who meet the rigorous requirements necessary to be eligible for cancellation of removal or stay of removal under the DREAM Act.”

The DREAM Act would provide undocumented immigrant youth whose parents brought them to the U.S. before they were 15 with a path to citizenship if they pursue higher education or serve in the military. The legislation, which the president supports, passed the House in the 111th Congress but was blocked from consideration in the Senate despite receiving the majority support of 55 votes.

The letter notes that both the Bush and Obama administration have granted deferred action to a small number of DREAM Act students on a case-by-case basis, helping to conserve limited enforcement resources. “The exercise of prosecutorial discretion in light of law enforcement priorities and limited resources has a long history in this nation and is fully consistent with our strong interest in the rule of law,” the senators said.

“We would support a grant of deferred action to all young people who meet the rigorous requirements necessary to be eligible for cancellation of removal or a stay of removal under the DREAM Act, as requested on a bipartisan basis by Senators (Dick) Durbin (D. Ill.) and (Richard) Lugar (R. Ind.) last April,” the senators said. “We strongly believe that DREAM Act students should not be removed from the United States, because they have great potential to contribute to our country and children should not be punished for their parents’ mistakes.  As you said in your State of the Union Address, ‘let’s stop expelling talented, responsible young people who could be staffing our research labs or starting a new business, who could be further enriching this nation.'”

The letter also requests that the administration establish a more formal process for DREAM Act students to seek deferred action, and that deferrals be granted as early as possible to conserve enforcement resources.

The letter was sent the same week that the Maryland legislature voted to guarantee in-state tuition to undocumented students who have lived in the state for three years, graduated from a Maryland high school, and have a parent or guardian who has paid Maryland income taxes. Students would be required first to attend community college for two years before applying to a four-year institution. Gov. Martin O’Malley is expected to sign the bill.