Washington, DC - The U.S. Senate Judiciary Committee today approved legislation cosponsored by Senator Dianne Feinstein (D-Calif.) that would provide qualified undocumented high school students who wish to attend college or serve in the armed forces an opportunity to adjust to a lawful status and pursue these goals.

The legislation, known as "The DREAM Act" is sponsored by Senators Orrin Hatch (R-UT) and Richard Durbin (D-IL).

"I believe it is in the national interest to provide talented students who have clearly embraced the American Dream the incentive to take the path towards being a responsible, contributing, law abiding member in our civic society," Senator Feinstein said. "I fear the alternative would not only dim the hopes of a gifted youth, it would diminish our potential as a compassionate society."

Specifically, The DREAM Act would:

• Provide undocumented students the opportunity to gain conditional permanent resident status provided they:

  (a) have lived in the United States for at least 5 years and were under the age of 16 at the time of entry;

  (b) have graduated from high school or have been accepted to a college or institution of higher education;

  (c) are of good moral character;

  (d) are not deportable on account of a criminal conviction, alien smuggling or document fraud.
  

• Permit undocumented students to convert their conditional status to that of a lawful permanent resident provided that they do one of the following:

  (a) obtain a diploma from a junior college or trade school;

  (b) complete at least two years of a bachelor's or graduate program; or

  (c) join the Armed Forces and if discharged, be honorably discharged.
  

For those who cannot fulfill these requirements, they would need to demonstrate both a compelling reason why they cannot meet the requirements, and exceptional and extremely unusual hardship if they were removed from the United States.

To become a lawful permanent resident, the applicants must remain persons of good moral character, not be a public charge during the period of conditional residence, or violate any of the criteria initially required to obtain conditional resident status.

In California, many of the students who would benefit from the legislation are children of parents who have already been granted amnesty and are waiting for their adjustment of status applications to be adjudicated. Others are children of migrant farm workers. The majority of the students consider California their home and are expected to become citizens.

As part of today's action, the Senate Judiciary Committee also approved an amendment sponsored by Senators Charles Grassley (R-IA) and Dianne Feinstein that clarified the requirement that students applying for legalization under the DREAM Act must have attended and graduated from a U.S. high school and/or institution of higher education. It also permitted certain students who have already met all the qualifications of the Act to apply for a three-year conditional resident status before they become eligible for lawful permanent resident.

The amendment also required higher education institutions to enroll DREAM Act beneficiaries in the SEVIS foreign student tracking system. In addition, it permitted DREAM Act students to be eligible for federal student loans and work study, however, the students would not be eligible for Pell Grants.

The Grassley-Feinstein amendment was designed to make the bill more palatable to lawmakers of both parties who were concerned about the bill's scope. The Committee passed the amendment 18-1.

"Some members had expressed concern that the bill is broader than it ought to be and that it's controversial. Those two factors jeopardize our ability to provide a benefit to children who are beyond any doubt worthy of our assistance," Senator Feinstein said.

"This bill would benefit youngsters who aspire to better themselves through higher education, or by defending their country in the armed forces, or by providing community service in a federally authorized program," Senator Feinstein said. "I believe we should give these youngsters a chance to succeed."

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