dcimmigrationlawyer

I am not confident that Congress will get their act together, but I'm cautiously optimistic. My alternative would be something along the lines of 245(i) where we allow a path to permanent residency for Dreamers. I don't know how likely that is to happen. I never underestimate the power of Congress to bungle things, so it could be like healthcare.

Not likely. I only say that because it depends on what you mean by "path to citizenship." An individual cannot become a citizen of the U.S. simply by applying. He or she must have five years of lawful permanent resident status, AKA LPR status or Green Card (or 3 years if LPR status was obtained through a U.S. citizen spouse); be at least 18 years old; as well as continuous residence in the U.S. for at least five years, have been physically present for at least 30 months out of the last five years; and possess good moral character. If you entered illegally, you still need to become a permanent resident. In order to become a permanent resident you must have someone petition for you. You can have a family member or an employer petition for you after you have entered illegally, but whether or not you meet the criteria for adjustment (applying for a Green Card inside of the U.S.) depends on who applied for you or whether you are eligible for a waiver of unlawful presence. So if you create a path to citizenship where you still need a petitioner, must meet certain criteria for presence, and pay a fine (or apply for a waiver) for your unlawful presence the barrier of entry still remains high.

It becomes the burden of the U.S. government to prove alienage and determine a country to which that person is able to be returned.

For naturalization purposes, good moral character is basically asking if during the 5 year period immediately preceding your application whether you violated any laws? If the answer is yes, then that person is ineligible to naturalize until they accrue five years of good moral character.

Well unlawful presence is an immigration violation, meaning it is a civil offense not a criminal offense. That is why there is no right to a government provided attorney during immigration removal proceedings. These Dreamers are just back to where they were before, but in fear because they have exposed themselves by applying for work authorization.