USA Green Card Immigration Blog

DREAM Act defeat is disappointing | InsideNova.

For millions of people, defeat of the DREAM Act (Development, Relief and Education for Alien Minors Act) in the U.S. Senate on Saturday was a huge setback for the foundation of a responsible way to address the immigration issue.

The DREAM Act failed by only five votes to get the 60 necessary to advance it. Had it passed, there were estimates of as many as 1.8 million sons and daughters of undocumented immigrants who would qualify for citizenship after meeting rigorous tests: They would have been brought into the U.S. before age 16 by parents who were undocumented; lived in the U.S. for at least five years;  have no criminal record; and would have served at least two years in the military or completed two years of college.

After meeting these qualifications, they would wait six years to apply for citizenship. The DREAM Act provided an excellent foundation for addressing immigration reform for all undocumented residents. It also would serve as a means to bolster sagging enlistments in the U.S. military.

Contrary to Dan Gates’ sweeping negative comments about the DREAM Act [“Oppose DREAM Act, senators,” Dec. 12], and the  ignorant remarks of a Milton Brech [“I have experience with illegals,” Dec. 19], the Act had considerable merit. Whether people like it or not, the problem must be addressed. And that is not by preposterous suggestions, such as deporting 12 million generally hard-working family people who also constitute a 12-million-consumer base.

Deportation is not a solution. And neither is keeping people in the shadows, turning good residents into bad. The problem came close to a solution in recent years through proposals by President Bush, Senators Kennedy and McCain, and now President Obama. With strong bipartisan support like this, it is evident the issue will someday be addressed in a responsible manner. And until that time, all the meaningless rhetoric will solve nothing.

DREAM Act Not Quite Dead Yet; Hits Senate Snag : It’s All Politics : NPR.

Obama administration, Dems urge passage of DREAM Act – CNN.com.

Washington (CNN) — A soon-to-be law school graduate with a 3.8 average, Cesar Vargas wants to serve in the U.S. military.

But under the law Vargas won’t even be able to hold a job after he graduates, much less enlist. He is in the country illegally after being brought to New York from Mexico as a child.

“All I want is the opportunity to serve my country and to give back to the country that has given me so much,” Vargas said. “… We’re not a problem. We’re the solution.”

The House and Senate could vote as soon as Wednesday on a bill — the Development, Relief and Education for Alien Minors Act, or DREAM — that would grant citizenship eligibility to thousands of young illegal immigrants like Vargas if they go to college or serve in the military.

“The president and I have said repeatedly we have to educate our way to a better economy,” Education Secretary Arne Duncan told reporters Wednesday. Passing the bill, he said, is “the right thing to do for our country.”

Duncan, Homeland Security Secretary Janet Napolitano and congressional Democrats held a news conference on Wednesday to push for passage of the measure.

“These are not the individuals that are a threat to our public safety or our security,” Napolitano said. “This is an area where … our nation’s immigration laws have not kept up with our nation’s needs.”

The White House has touted the bill as a measure that will strengthen the nation’s military and its economy.

The DREAM Act would create a path to citizenship for immigrants who entered the United States illegally as children under the age of 16 and have lived in America for at least five years, obtained a high school or General Education Development diploma and demonstrated “good moral character,” according to a White House fact sheet.

Even then, only a six-year conditional status would be awarded, and before moving to the next phase the students would need to meet additional requirements — attending college or serving in the military for at least two years, and passing criminal background checks.

Gaby Pacheco was brought to the United States from Ecuador as a child. The honors student said she has lived in America for 18 years, and “I’m an American. The only thing is, I haven’t had a path, I haven’t had a way to legalize my status.”

Under the DREAM Act, the path to citizenship would be long, she said, “but it would give us the opportunity to serve.”

Not everyone is on board with the plan. The bill could grant amnesty to more than 2 million illegal immigrants, Rep. Lamar Smith, R-Texas, the ranking member of the House Judiciary Committee, said last week.

“Mass amnesty is not the only problem with the DREAM Act,” he said. “The bill allows illegal immigrants to receive in-state tuition at public universities, placing them ahead of U.S. citizens. The bill also is a magnet for fraud.”

The White House, however, disputes that the bill will give amnesty, noting in a fact sheet that “it requires responsibility and accountability of young people who apply to adjust their status under the DREAM Act, creating a lengthy and rigorous process.”

It also points out that DREAM Act beneficiaries would not be eligible for federal grants, such as Pell Grants, to attend college. “Undocumented youth adjusting to lawful permanent resident status are only eligible for federal student loans which must be paid back, and federal work-study programs where they must work for any benefit they receive,” according to the White House.

“This is not some dream road, easy-picking concession of the Congress of the United States, of the government, to American citizenship,” said Rep. Luis Gutierrez, D-Illinois, who delivered an impassioned plea on behalf of the measure. “No Pell Grant. I’d like to see you get through college without a Pell Grant. No government assistance … no health care. Nothing. Nothing but your own faith and your own determination and your own work to get you through school. And nothing but your own work, your own determination to join the military.”

Beneficiaries will receive in-state tuition in their state of residence, the same as any student, he said.

The Congressional Budget Office has said the measure would cut the federal deficit by $1.4 billion and increase government revenues by $2.3 billion over the next decade. And that doesn’t even take into account the contributions made by future doctors and lawyers who will benefit from the DREAM Act, Gutierrez said.

“The son should never be held responsible for the actions of the father,” he said. “These are our class valedictorians. These are the brightest, the smartest. … They love this country. This is the only country they know.”

Rep. Dick Durbin, D-Illinois, said the young people had no say in the decision to come to the United States. “They were the kids brought in the back of a car, or the back of a truck … but they grew up believing America is home.”

Some members of Congress have said a lame-duck session is not the right time to pass such legislation, he said, but “when will it ever be the wrong time for fairness and justice?”

Young people who do not fulfill the act’s requirements will lose their legal status and would be subject to deportation, according to the White House fact sheet. DREAM Act applicants would be responsible for paying the processing fees associated with their applications, and would be subject to “rigorous criminal background checks and reviews.”

DREAM Act beneficiaries would not be able to petition for legal status for their family members until after they had satisfied all the requirements. They would also be subject to waiting periods. “The bottom line is that it would take many years before parents or siblings who previously entered the country illegally could obtain a green card,” the White House said.

Vargas and Pacheco said they will continue attempts to speak with congressional leaders and share their stories.

“All I know is that I’ll continue to fight for my dream,” Vargas said. America, he said, is his home, and he doesn’t want medals or awards. “All I want is the opportunity to share in the American dream. In my heart and soul, I am an American.”