On May 30, 2012 Congressman David Rivera (R-FL) introduced the STARS Act in the House Judiciary Committee, which would allow certain young adults who as children were brought into the United States illegally or who overstayed a lawful admission to obtain lawful permanent residence in the United States if they meet certain qualifications.

Advocates claim the STARS Act is a narrower version of the controversial Development, Relief and Education for Alien Minor (DREAM) Act that has remained stalled in Congress.

The bill was co-written by Daniela Pelaez, a recent graduate of North Miami Senior High School.  Ms. Pelaez was brought from Colombia to the United States in 1988 at the age of four.  She and her family overstayed their authorized stay and remained illegally in the United States.  Ms. Pelaez's brother was granted US citizenship after service in the US Army and he petitioned for Ms. Pelaez's father who is also now a US permanent resident.  Ms. Pelaez's mother returned to Columbia for medical reasons in 2006 and is presumably subject to the 10 year bar rendering her ineligible for US residence until at least 2016.
Ms. Pelaez earned a weighted 6.7 GPA at Central Florida High School and was admitted to the 2012 freshman class at Dartmouth College where she plans to begin studies this fall.

Opponents of the STARS Act and the DREAM Act that preceded it worry that if Congress provides a clear path to residence for parents who bring or send minor children to the United States illegally, more aliens will enter the country illegally with children, or send them on their own knowing that they will be able to gain legal US residence and later petition for their parents.

The DREAM Act, a more generous 2011 bill to help undocumented youths, is stalled in the House because Republicans believe that it will encourage illegal immigration and that it is part of a plan for a more expansive amnesty being pushed incrementally.  But the DREAM Act has a clear cutoff provision providing relief only for those applicants who were present in the United States for at least five consecutive years before the bill is enacted.

The DREAM Act provides that it would be a one-time amnesty for young people who were present in the United States for at least five years prior to enactment of the bill.  The STARS Act provides that a youth must have been present for at least five years prior to applying for relief.  And this lack of a cutoff date for eligibility makes the STARS Act considerably more generous than the DREAM Act in many ways.
Many foreign investors and businesspeople want their children to attend US schools.
 

Many investors will start a business in the United States as an E-2 investor or L-1 transfer or pay large sums of money to obtain residence through the EB-5 program primarily because they want their children to attend US schools and later become US citizens.

Representative Rivera introduced another legalization bill earlier in the year relating to youth serving in the US military.  In a January 2012 primary debate, Newt Gingrich said he would support a path to legal status for undocumented youth who enlist in the US military. The day afterwards, Congressman introduced the Adjusted Residency for Military Service (ARMS) Act.  Congressman Rivera remarked at the introduction, "If these young people are willing to die for America, then certainly they deserve a chance at life in America."

To qualify for the STARS Act, the applicant must:

1. Have continuous physical presence for at least five years immediately preceding application (no single absences from the US of more than 90 days and cumulative absences must not exceed 180 days);
2. Have been under 16 at time of entry to US;
3. Have earned a high school diploma or GED;
4. Be admitted to a four year college or university;
5. Possess good moral character;
6. Not have been ordered removed, except orders of removal or exclusion issued before age 19 do not disqualify;
7. Be under age 19 at the time of application.

The STARS Act would carry a $525 application fee and provide for five years of conditional status that the applicant could then extend for another 5 years after graduating college for a $2,000 filing fee.  Then the applicant could petition to remove the condition and become a US permanent resident starting 3 years after alien received approval of the extension of status and no more than 10 years after the initial grant of conditional nonimmigrant status.  Applicants must be current on their federal taxes to be eligible to adjust status.  The STARS Act additionally provides a confidentiality provision that no information collected in the application may be used to initiate removal proceedings.

To qualify for the DREAM Act, the applicant must:

1. Have entered the United States before the age 16;
2. Have been present in the United States for at least five consecutive years prior to enactment of the bill;
3. Have graduated from a United States high school, or have obtained a GED, or have been accepted into an institution of higher education (i.e. college/university);
4. Be between the ages of 12 and 35 at the time of application;
5. Have good moral character.

After being granted conditional permanent residence, the applicant would have to enroll in a college or university to pursue a bachelor's degree or higher degree or enlist in the US military.  Within six years of becoming a conditional permanent resident, the applicant must complete at least two years of college courses or two years of military service.  Five years and six months after becoming a conditional permanent resident, the applicant may petition to remove the condition and become a US permanent resident.

Senator Marco Rubio (R-FL) introduced a temporary legal status for undocumented high-school graduates but no dedicated path to permanent residency. In January 2012, Rep. David Rivera (R-FL) introduced the ARMS Act, which would require military service as a condition for obtaining permanent resident status. In May 2012, Rep. Rivera also introduced the STARS Act, which would permit undocumented students to become permanent residents if they complete a four-year degree, provided that they were generally under the age of 19 at the time of application.