The House passed HR 6 yesterday, the Dream And Promise Act. It gives DACA and other undocumented immigrants a conditional permanent residence, and the conditional part can be removed once certain requirements are met.
Democrats are celebrating it as a great achievement. Republicans are condemning it as amnesty. It probably doesn’t have a chance in Hell of passing the Senate. But whenever this sort of bill is debated, both sides always miss a critical point: Just how unfair it is to people here legally.
What bothers me about this bill is that it’s terribly unfair to international students here on student visas. It gives a student who was brought here illegally a better deal than one who came here legally.
The bill allows anyone who came here before they were 18 and has been here at least four years to have conditional residency. An international student often comes here at 17 and is here for over four years, but they get no such treatment. I don’t understand why someone here illegally for four years gets a better deal than someone here legally. Sure, many DACA students have been here for over a decade, maybe most of their lives. But there are also plenty of legal international students who’ve been here over a decade while earning multiple degrees.
The conditional green card alone is unequal treatment. Any green card is a work authorization. It allows a DACA student to work their way through college. An international student can normally only get work through the school, frequently a part-time, minimum wage job. So DACA students have special treatment before they even start school. They can get a job that actually allows them to afford school, while international students (unless they’re from wealthy families) often must hustle to make ends meet.
Once the DACA student completes two years of school, they can apply for normal permanent residence. A normal international student can finish a bachelor’s or master’s or even a doctorate degree, but still must apply for a work visa to stay. If they can’t get one within a year, they must go home.
I had many friends in college who struggled to finish college and struggled to find work, vying for a limited number of H1B visas. They were from all over, from every continent. Some were from wealth, others grew up poor. All had degrees and many had graduate degrees. All had more than met the requirements of this bill, except that their presence here was legal. All fought desperately to stay and had to jump through numerous hoops to get It. They wanted to stay and become Americans just as badly as any dreamer. Some have, after years of struggle, paperwork, and legal expense.
This bill would give an easy route to someone who hasn’t even finished college, but only if they came here illegally. Legal international students get the shaft. It offends me that people like my friends from abroad, people who would more than fulfill the requirements of this bill (except that they broke no laws) are ignored by both parties in the immigration debate.
Understand, I’m fine with certain parts of this bill, like granting a green card to undocumented immigrants who served in the armed forces. And I’m fine with working something out for the DACA students. I’m willing to accept that their illegal entry was their parents’ fault, not theirs. But this means they are foreign students, and should be treated no differently from any other foreign student.
Either undocumented students should be treated as international students, or international students should be given conditional permanent resident status. The constitution requires that similarly situated individuals be given equal protection. If we ignore the illegal entry of the DACA students, then these two groups are similarly situated. If this bill refuses to treat them the same, it is unjust.
