DNA Testing and the DREAM ACT

As with so many trends in the United States, most are started in the sunny state of California.  So the latest, is that California Governor Brown has signed into law, the DREAM Act - Development , Relief and Education of Alien Minors - which allows for in-state tuition aid to non USA citizens students who are on the path to citizen ship.  To prove a point about trends starting in California - who was the first to ban cigarette smoking in public places.  A long time ago (1986) a family member returned home from living in California and posted a sign in her home "No Smoking - Lungs at Work".  We were horrified by the construction type sign displayed in her ladylike home - yellow with a big black "X".  But having lived in CA for sometime, our family member saw nothing odd about this notice and in fact, thought we (East Coasters) were out of touch.  Turns out - even though the sign was offensive - the sentiment was logical and is today part of the entire nation's every day life.  So, I plead my case - that many trends start out in CA and the rest of us just better get on board.

If that is the case, then we can see that the remainder of the States will shortly be considering the DREAM Act and its' value to the growing immigrant population.  Watch for States like New York (already pushed through Regents Board), Florida, New Jersey, and others to quickly follow.  Children brought into our country illegally through no fault of their own, are motivated to continue their efforts to work hard and gain a good education and become US citizens. 

The question remains - Do School Administrators/Superintendents/Counselors/School Nurses/PTOs and PTAs in districts with majority of immigrant population - have any responsibility to inform students and their parents of the need for proper documentation or the PATH to citizenship, in order to obtain federal financial aid at secondary schools.  Who will start the minor alien child on the path to citizenship?

Perhaps a child was born in Mexico to a father who was a USA citizen.  Perhaps a mother, who had already obtained Permanent U.S.Residents, returned home to Mexico to have her child clowser to her family.  All that child needs is corrected birth certificates or CRBA as outlined below.  DNA Tests are an affordable and painless method of proving biological relationship to a USA citizen and are accepted by the U.S. Consulate and Embassy offices, provided an accredited laboratory performs analysis. 

For a quick reference regarding Children born in Mexico to a U.S. Citizen:

Consular Report of Birth Abroad

The U.S. Consulate General Guadalajara strongly encourages all U.S. citizens who have children born in Mexico to register them as U.S. citizens as soon as possible after birth. Upon registration, the child will be issued a Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA), which is an official record confirming that the child acquired U.S. citizenship at birth. A CRBA can be issued only at an American Consular Office overseas, and only before the child reaches 18 years of age.

Parents seeking to obtain a CRBA for a child must be able to demonstrate to the interviewing consular officer that:

1. At least one of the parents was a U.S. citizen at the time of the child's birth;
2. The child is the biological child of the U.S. citizen parent(s); (DNA Tests are the gold standard of identification but only use a reputable collector and accredited lab)  and
3. If only one of the parents is a U.S. citizen, the U.S. citizen parent was physically present in the United States for the required length of time prior to the birth of the child.

If both parents are U.S. citizens, at least one of them must have resided in the United States prior to the child's birth. The period of physical presence in the United States required to transmit citizenship to a child born abroad varies, depending on the date of birth of the child and the marital status of the parents. Please see the following Citizenship Chart to determine which category applies to you and your child.