Key Points

  • On February 4, 2021, Senators Durbin and Graham introduced the 2021 Dream Act
  • The Dream Act was initially introduced in 2001 by the two senators
  • President Biden seeks comprehensive immigration reform, including a pathway to lawful status for "Dreamers"
  • The 2021 Dream Act is designed to provide qualified persons brought to the U.S. as children with a path to permanent residency and U.S. citizenship

Overview

On February 4, 2021, Senators Dick Durbin (D-ILL) and Lindsey Graham (R-SC) introduced the 2021 Dream Act as part of the Biden administration's initiative for comprehensive immigration reform.

What are the Changes?

The 2021 Dream Act legislation is being introduced to provide persons brought to the U.S. as children the chance to obtain lawful permanent residency and pursue American citizenship if they meet specific criteria. Twenty years from its initial introduction, the Dream Act remains proposed legislation and must be passed by Congress to become law.

Who is Affected?

The Act applies to qualified persons brought to the U.S. as children and is intended to provide a path to conditional residency, permanent residency, and citizenship.

Background

Congress has failed to pass the Dream Act multiple times. In 2012, President Barack Obama established the Deferred Action for Childhood Arrivals (DACA) program. The DACA program was extensively litigated under the Trump administration. However, President Biden issued an executive order on January 20, 2021 to preserve and fortify the DACA program.

Looking Ahead

It remains to be seen if the Dream Act legislation will pass in Congress. 

Originally published 10 February 2021

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