Though it has yet to be introduced in Congress, Senator Marco Rubio’s alternative to the DREAM Act received an appraisal from the Washington Post this week, which noted that it represents an effort to shake the hard-line anti-immigrant sentiment voiced by many leading conservative politicians. The editorial also noted, however, that the outlines of his proposal promote what’s tantamount to “permanent second-class status.”

Rubio has attempted to sidestep the controversial issue of legalization—a key component of the DREAM Act—by arguing that Congress can give undocumented youth “nonimmigrant” legal status and then let them find their own path to citizenship.