S. 3992 — 111th Congress

DREAM Act of 2010

Originated in the Senate · Introduced Nov 30, 2010 · Immigration

Latest action

Dec 9, 2010

Cloture motion on the motion to proceed to the bill rendered moot in Senate. (consideration: CR S8668)

CRS summary

As of Nov 30, 2010

Introduced in Senate

Development, Relief, and Education for Alien Minors Act of 2010 or DREAM Act of 2010 - Authorizes the Secretary of Homeland Security (DHS) to cancel the removal of, and adjust to conditional nonimmigrant status, an alien who: (1) entered the United States before his or her 16th birthday and has been present in the United States for at least five years immediately preceding this Act's enactment; (2) is a person of good moral character; (3) is not inadmissible or deportable under specified grounds of the Immigration and Nationality Act; (4) has not participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; (5) has not been convicted of certain offenses under federal or state law; (6) has been admitted to an institution of higher education (IHE) or has earned a high school diploma or general education development certificate in the United States; (7) has never been under a final order of exclusion, deportation, or removal unless the alien has remained in the United States under color of law after such order's issuance, or received the order before attaining the age of 16; and (8) was under age 30 on the date of this Act's enactment.

Authorizes the Secretary to waive specified grounds of inadmissibility or deportability for humanitarian, family unity, or public interest purposes.

Requires an alien to apply for cancellation of removal and conditional nonimmigrant status within one year after the later of: (1) being admitted to an IHE; (2) earning a high school diploma or general education development certificate in the United States; or (3) enactment of this Act.

Requires prior to cancellation of removal or granting of conditional nonimmigrant status: (1) an alien to submit biometric and biographic data; and (2) completion of security and law enforcement background checks.

Requires an alien applying for relief to: (1) register under the Military Selective Service Act if so required; and (2) undergo a medical examination.

Prohibits the Secretary from removing an alien with a pending application who establishes prima facie eligibility for cancellation of removal and conditional nonimmigrant status.

Establishes a 10-year period of conditional nonimmigrant status which shall include employment authorization. Terminates such status if the alien: (1) becomes a public charge; (2) receives a dishonorable or other than honorable military discharge; or (3) ceases to be a person of good moral character, becomes inadmissible or deportable under specified grounds, has participated in racial, religious, social, or political persecution, or has been convicted of certain federal or state offenses.

Authorizes a conditional nonimmigrant to file an application to adjust his or her status to that of an alien lawfully admitted for permanent residence. Requires such application to be filed during the period beginning 1 year before and ending on either the date that is 10 years after the date of the granting of conditional nonimmigrant status or any other expiration date as extended by the Secretary.

Requires such application to show that the alien: (1) has demonstrated good moral character; (2) is not inadmissible or deportable under specified grounds, has not participated in racial, religious, social, or political persecution, and has not been convicted of certain federal or state offenses; (3) has not abandoned U.S. residency; (4) has earned an IHE degree (or has completed at least two years in a bachelor's or higher degree program) in the United States, or has served in the Armed Forces for at least two years (or if discharged, was honorably discharged); and (5) has provided a list of each secondary school attended in the United States.

Authorizes, and sets forth the criteria for, a hardship exception to such adjustment of status requirements.

Requires an alien, prior to adjusting from conditional to permanent resident status, to: (1) satisfy citizenship and federal tax requirements; (2) submit biometric and biographic data; and (3) have had security and law enforcement background checks completed.

Authorizes an alien who adjusts to permanent resident status (and meets other specified requirements) to apply after three years in such status for naturalization.

Authorizes: (1) the Secretary to cancel removal and grant conditional nonimmigrant status to an alien who has satisfied all the conditional status and certain permanent resident status requirements prior to enactment of this Act; and (2) an alien who has met the appropriate requirements during the entire period of conditional nonimmigrant status to apply for permanent resident status.

Sets forth provisions regarding: (1) jurisdiction of the Secretary and the Attorney General; (2) penalties for false application statements; (3) confidentiality of information; (4) higher education assistance; (5) military enlistment; and (6) a Government Accountability Office (GAO) report respecting the number of aliens adjusted under this Act.

Congressional Research Service, via api.congress.gov (public domain)

Roll-call votes

1 on record

Dec 9, 2010 · On the Motion to Table

Full roll call

Motion to Table Agreed to (59–40)

30 of 100 recorded votes are not yet matched to a member profile.

Yea59: 36 D · 5 R · 2 I

MemberPartyState
INOUYE, Daniel KenHI
LAUTENBERG, Frank RaleighNJ
WEBB, James H.VA
BINGAMAN, Jesse Francis (Jeff), Jr.NM
SPECTER, ArlenPA
LIEBERMAN, Joseph I.CT
DODD, Christopher JohnCT
BAUCUS, Max SiebenMT
DORGAN, Byron LeslieND
NELSON, Earl BenjaminNE
BAYH, EvanIN
KERRY, John ForbesMA
KOHL, Herbert H.WI
LINCOLN, Blanche LambertAR
AKAKA, Daniel KahikinaHI
CONRAD, KentND
Mark BegichDemocratAK
Barbara BoxerDemocratCA
Dianne FeinsteinDemocratCA
Mark UdallDemocratCO
Michael F. BennetDemocratCO
Christopher A. CoonsDemocratDE
Thomas R. CarperDemocratDE
Bill NelsonDemocratFL
Tom HarkinDemocratIA
Richard J. DurbinDemocratIL
Mary L. LandrieuDemocratLA
Barbara A. MikulskiDemocratMD
Benjamin L. CardinDemocratMD
Carl LevinDemocratMI
Debbie StabenowDemocratMI
Al FrankenDemocratMN
Amy KlobucharDemocratMN
Claire McCaskillDemocratMO
Jon TesterDemocratMT
Kay R. HaganDemocratNC
Jeanne ShaheenDemocratNH
Tom UdallDemocratNM
Harry ReidDemocratNV
Charles E. SchumerDemocratNY
Kirsten E. GillibrandDemocratNY
Sherrod BrownDemocratOH
Ron WydenDemocratOR
Robert P. Casey, Jr.DemocratPA
Jack ReedDemocratRI
Sheldon WhitehouseDemocratRI
Tim JohnsonDemocratSD
Mark R. WarnerDemocratVA
Patrick J. LeahyDemocratVT
Maria CantwellDemocratWA
Patty MurrayDemocratWA
John D. Rockefeller, IVDemocratWV
Bernard SandersIndependentVT
Joe Manchin, IIIIndependentWV
Lisa MurkowskiRepublicanAK
James E. RischRepublicanID
Mike CrapoRepublicanID
David VitterRepublicanLA
Bob CorkerRepublicanTN

Nay40: 24 R · 3 D

MemberPartyState
VOINOVICH, George VictorOH
LUGAR, Richard GreenIN
BUNNING, James Paul DavidKY
FEINGOLD, Russell DanaWI
ENSIGN, John EricNV
GREGG, Judd AlanNH
BOND, Christopher SamuelMO
SNOWE, Olympia JeanME
HUTCHISON, Kathryn Ann BaileyTX
DeMINT, James W.SC
BENNETT, Robert FosterUT
LEMIEUX, George S.FL
BROWN, Scott P.MA
Mark L. PryorDemocratAR
Robert MenendezDemocratNJ
Jeff MerkleyDemocratOR
Jeff SessionsRepublicanAL
Richard C. ShelbyRepublicanAL
John McCainRepublicanAZ
Jon KylRepublicanAZ
Johnny IsaksonRepublicanGA
Saxby ChamblissRepublicanGA
Chuck GrassleyRepublicanIA
Mark KirkRepublicanIL
Pat RobertsRepublicanKS
Mitch McConnellRepublicanKY
Susan M. CollinsRepublicanME
Roger F. WickerRepublicanMS
Thad CochranRepublicanMS
Richard BurrRepublicanNC
Mike JohannsRepublicanNE
James M. InhofeRepublicanOK
Tom CoburnRepublicanOK
Lindsey GrahamRepublicanSC
John ThuneRepublicanSD
Lamar AlexanderRepublicanTN
John CornynRepublicanTX
Orrin G. HatchRepublicanUT
John BarrassoRepublicanWY
Michael B. EnziRepublicanWY

Not Voting1

MemberPartyState
BROWNBACK, Sam DaleKS

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