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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law > Immigration law
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Unauthorized Alien Students - Issues and "DREAM Act" Legislation (Paperback)
Loot Price: R339
Discovery Miles 3 390
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Unauthorized Alien Students - Issues and "DREAM Act" Legislation (Paperback)
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Loot Price R339
Discovery Miles 3 390
Expected to ship within 18 - 22 working days
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The 109th and 110th Congresses considered, but did not enact,
comprehensive immigration reform legislation that included
large-scale legalization programs for unauthorized aliens. In the
aftermath of these unsuccessful efforts, some interested parties
have urged the President and Congress to pursue more limited
legislation to address the status of unauthorized alien students.
Such legislation is commonly referred to as the "DREAM Act."
Unauthorized aliens in the United States are able to receive free
public education through high school. They may experience
difficulty obtaining higher education, however, for several
reasons. Among these reasons is a provision enacted in 1996 that
prohibits states from granting unauthorized aliens certain
postsecondary educational benefits on the basis of state residence,
unless equal benefits are made available to all U.S. citizens. This
prohibition is commonly understood to apply to the granting of
"in-state" residency status for tuition purposes. Unauthorized
alien students also are not eligible for federal student financial
aid. More broadly, as unauthorized aliens, they are not legally
allowed to work and are subject to being removed from the country.
Multiple DREAM Act bills have been introduced in recent Congresses
to address the unauthorized student population. Most have proposed
a two-prong approach of repealing the 1996 provision and enabling
some unauthorized alien students to become U.S. legal permanent
residents (LPRs) through an immigration procedure known as
cancellation of removal. While there are other options for dealing
with this population, this report deals exclusively with the DREAM
Act approach in light of the considerable congressional interest in
it. In the 111th Congress, the House approved DREAM Act language as
part of an unrelated bill, the Removal Clarification Act of 2010.
However, the Senate failed, on a 55-41 vote, to invoke cloture on a
motion to agree to the House-passed DREAM Act amendment and the
bill died at the end of the Congress. The House-approved language
differed in key respects from earlier versions of the DREAM Act.
Bills to legalize the status of unauthorized alien students (S.
952, H.R. 1842, H.R. 3823) have again been introduced in the 112th
Congress. It is unclear, however, whether any of these measures
will be considered. On June 15, 2012, the Obama Administration
announced that certain individuals who were brought to the United
States as children and meet other criteria would be considered for
relief from removal. Under a memorandum issued by Secretary of
Homeland Security Janet Napolitano on that date, these individuals
would be eligible for deferred action for two years, subject to
renewal, and could apply for employment authorization.
General
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