The DREAM Act, which would have provided a pathway to permanent residency for unauthorized immigrants brought to the United States upon meeting certain qualifications, was considered by Congress in 2007. It failed to overcome a bipartisan filibuster in the Senate. It was considered again in 2011. The bill passed the House, but did not get the 60 votes needed to overcome a Republican filibuster in the Senate. In 2013, legislation that would have comprehensively reformed the immigration system, including allowing dreamers permission to stay in the country, work and attend school, passed the Senate but did not pass in the House.

The New York Times credits the failure of Congress to protect dreamers as the driver behind Obama's decision to sign DACA.