Key Votes

HR 5281 - DREAM Act - Key Vote

National Key Votes

Lamar Smith voted Nay (Concurrence Vote With Amendment) on this Legislation.

Read statements Lamar Smith made in this general time period.

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Stage Details

Legislation - Cloture Not Invoked (Senate) (55-41) - (Key vote)

Title: DREAM Act

Vote Smart's Synopsis:

Vote on a motion to invoke cloture on a bill that grants "conditional nonimmigrant status" to certain immigrants who meet the criteria.

Highlights:
  • Authorizes the Secretary of Homeland Security to cancel the removal of an undocumented immigrant and grant him or her conditional nonimmigrant status for a period of 5 years if the following provisions are met (Secs. 6 & 7):
    • The undocumented immigrant in question has been residing in the United States for 5 or more years and was younger than 16 years old when he or she initially entered the United States;
    • The undocumented immigrant has been "a person of good moral character" since he or she initially entered the United States which includes, but is not limited to, having not been convicted of an offense punishable by more than 1 year of prison;
    • The undocumented immigrant has either been admitted to an institute of higher learning or has earned a high school diploma or GED (General Education Development) certificate;
    • The undocumented immigrant has "never been under a final administrative or judicial order of exclusion, deportation, or removal", unless:
      • The undocumented immigrant has been able to lawfully remain in the United States after such an order was issued; or
      • The undocumented immigrant received the order before he or she became 16 years old; and
    • The undocumented immigrant is under the age of 30, as of the date of the bill's enactment.
  • Requires the Secretary of Homeland Security to charge a $525 surcharge per application for relief and requires the application for relief to be made within 1 year of the undocumented immigrant's date of graduation from high school (Sec. 6).
  • Requires the Secretary of Homeland Security to use biometric, biographic, and other data to conduct background checks on each applicant, and to determine whether any criminal or national security factor exists that would make the undocumented immigrant ineligible for relief (Sec. 6).
  • Requires each applicant for relief to undergo a medical examination, arranged by the Secretary of Homeland Security and the Secretary of Health and Human Services (Sec. 6).
  • Defines "conditional nonimmigrant" as an undocumented immigrant who may have an intention of permanently residing in the United States and is not required to have a foreign residence (Sec. 5).
  • Authorizes a conditional nonimmigrant to (Sec. 7):
    • Be employed in the United States; and
    • Travel outside the United States for a period no longer than 180 days and be readmitted without having to obtain a visa.
  • Authorizes the Secretary of Homeland Security to extend conditional nonimmigrant status for 5 additional years if provisions, not limited to those listed below, are met (Sec. 7):
    • The undocumented immigrant has demonstrated "good moral character" during the time he or she held conditional nonimmigrant status;
    • The undocumented immigrant has either acquired a degree from an institution of higher learning in the United States or has completed at least 2 years in a program for a bachelor's degree or higher degree in the United States; and
    • The undocumented immigrant has served in the Armed Forces for at least 2 years, or has been honorably discharged from the Armed Forces.
  • Authorizes the Secretary of Homeland Security to terminate conditional nonimmigrant status if the Secretary determines that the undocumented immigrant has ceased to meet the requirements of the status, has become a public charge, or has received a dishonorable or other than honorable discharge from the Armed Forces (Sec. 7).
  • Authorizes the Secretary of Homeland Security to collect a surcharge of $2,000 per application for an extension of conditional nonimmigrant status (Sec. 7).
  • Authorizes any conditional nonimmigrant to apply to have his or her immigration status changed to that of "lawfully admitted for permanent residence", and to be naturalized upon compliance with immigration laws (Sec. 8).
  • Specifies that false statements provided in an application for relief under this bill are punishable by no more than 5 years imprisonment and/or a fine (Sec. 11).
  • Prohibits the publication of information disclosed by individuals in application for relief under this bill, and fines any individual who uses, publishes, or permits such information to be examined no more than $10,000 (Sec. 12).
Note:

NOTE: INVOKING CLOTURE REQUIRES A 3/5 MAJORITY OF THE SENATE. IT IS NOT A VOTE ON THE PASSAGE OF THE PIECE OF LEGISLATION, BUT LIMITS FURTHER DEBATE TO 30 HOURS. CLOTURE IS TYPICALLY USED TO END A FILIBUSTER. A FAILED CLOTURE VOTE OFTEN PREVENTS THE LEGISLATION FROM EVER COMING TO A VOTE.

Legislation - Concurrence Vote Passed (House) (216-198) - (Key vote)

Title: DREAM Act

Vote Smart's Synopsis:

Vote to concur with Senate amendments and adopt additional amendments to a bill that grants "conditional nonimmigrant status" to certain immigrants who meet the criteria.

Highlights:
  • Authorizes the Secretary of Homeland Security to cancel the removal of an undocumented immigrant and grant him or her conditional nonimmigrant status for a period of 5 years if the following provisions are met (Secs. 6 & 7):
    • The undocumented immigrant in question has been residing in the United States for 5 or more years and was younger than 16 years old when he or she initially entered the United States;
    • The undocumented immigrant has been "a person of good moral character" since he or she initially entered the United States which includes, but is not limited to, having not been convicted of an offense punishable by more than 1 year of prison;
    • The undocumented immigrant has either been admitted to an institute of higher learning or has earned a high school diploma or GED (General Education Development) certificate;
    • The undocumented immigrant has "never been under a final administrative or judicial order of exclusion, deportation, or removal", unless:
      • The undocumented immigrant has been able to lawfully remain in the United States after such an order was issued; or
      • The undocumented immigrant received the order before he or she became 16 years old; and
    • The undocumented immigrant is under the age of 30, as of the date of the bill's enactment.
  • Requires the Secretary of Homeland Security to charge a $525 surcharge per application for relief and requires the application for relief to be made within 1 year of the undocumented immigrant's date of graduation from high school (Sec. 6).
  • Requires the Secretary of Homeland Security to use biometric, biographic, and other data to conduct background checks on each applicant, and to determine whether any criminal or national security factor exists that would make the undocumented immigrant ineligible for relief (Sec. 6).
  • Requires each applicant for relief to undergo a medical examination, arranged by the Secretary of Homeland Security and the Secretary of Health and Human Services (Sec. 6).
  • Defines "conditional nonimmigrant" as an undocumented immigrant who may have an intention of permanently residing in the United States and is not required to have a foreign residence (Sec. 5).
  • Authorizes a conditional nonimmigrant to (Sec. 7):
    • Be employed in the United States; and
    • Travel outside the United States for a period no longer than 180 days and be readmitted without having to obtain a visa.
  • Authorizes the Secretary of Homeland Security to extend conditional nonimmigrant status for 5 additional years if provisions, not limited to those listed below, are met (Sec. 7):
    • The undocumented immigrant has demonstrated "good moral character" during the time he or she held conditional nonimmigrant status;
    • The undocumented immigrant has either acquired a degree from an institution of higher learning in the United States or has completed at least 2 years in a program for a bachelor's degree or higher degree in the United States; and
    • The undocumented immigrant has served in the Armed Forces for at least 2 years, or has been honorably discharged from the Armed Forces.
  • Authorizes the Secretary of Homeland Security to terminate conditional nonimmigrant status if the Secretary determines that the undocumented immigrant has ceased to meet the requirements of the status, has become a public charge, or has received a dishonorable or other than honorable discharge from the Armed Forces (Sec. 7).
  • Authorizes the Secretary of Homeland Security to collect a surcharge of $2,000 per application for an extension of conditional nonimmigrant status (Sec. 7).
  • Authorizes any conditional nonimmigrant to apply to have his or her immigration status changed to that of "lawfully admitted for permanent residence", and to be naturalized upon compliance with immigration laws (Sec. 8).
  • Specifies that false statements provided in an application for relief under this bill are punishable by no more than 5 years imprisonment and/or a fine (Sec. 11).
  • Prohibits the publication of information disclosed by individuals in application for relief under this bill, and fines any individual who uses, publishes, or permits such information to be examined no more than $10,000 (Sec. 12).
Legislation - Bill Passed With Amendment (Senate) -
Legislation - Bill Passed (House) -
Legislation - Introduced (House) -

Title: Removal Clarification Act

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