Download 1 |DREAM ACT The DREAM Act and its Legislative Plight for

The DREAM Act and its
Legislative Plight for Success
Daisy Cortes
INFO 680-Government Documents
Spring Quarter 2011
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The DREAM Act and its Legislative Plight for Success
Approximately eleven million undocumented immigrants reside in the United States.1 The majority of
these immigrants come here by their own decisions, but what is to be said for the multitude of minors
who are brought to this country, not of their own will but by their immigrant parents? As they grow up
in an American culture, graduating from American high schools their opportunities for higher education
and eventual employment are limited by their unlawful immigration status. In the last decade there
have been several bills introduced to the United States Congress in attempt to provide these minors
conditional residency in order for them to pursue their educational goals and eventual citizenship. Most
recently the Development, Relief, and Education for Alien Minors Act more commonly known as the
DREAM Act stopped short of success in December of 2010. This paper will explore the process through
which the DREAM Act evolved in the 111th Congress from its introduction in 2009 (S. 729) to the final
vote in 2010 (S. 3992). A summary of the DREAM Act of 2009 can be found through the non-partisan
group Federation for American Immigration Reform
http://www.fairus.org/site/DocServer/Dream_Act09.pdf?docID=2601 and the changes from 2009 to
2010 can be found from National Immigration Law Center
http://www.nilc.org/immlawpolicy/dream/DREAM-changes-summary-2010-12-03.pdf.
WHAT IS THE DREAM ACT?
The DREAM Act has been introduced several times to both the House of Representatives and the Senate
in the last decade under various names including the “American DREAM Act” and the “DREAM Act.” The
DREAM Act of 2009 was introduced by Democratic Senator Richard Durbin of Illinois on behalf of himself
and others on March 26, 2009. Its main goals were to provide students with conditional residency and
amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIR Act). In 1996 the
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IIRIR Act limited the ability for states to provide in-state financial aid benefits to aliens who reside in the
United States unlawfully.2 Through section 505 in the IIRIR Act, states that chose to provide financial aid
benefits to undocumented students are forced to offer in-state tuition to out of state citizens.3
The DREAM Act of 2009 proposed to give undocumented students a conditional permanent
resident status that would enable them to work, drive, go to school, and be eligible for federal work
study and financial aid grants.4 The conditional permanent resident status would last for a period of six
years in which they must graduate from a two-year vocational school or college, have completed two
years towards a bachelor’s degree or higher, or served in the U.S. Armed Forces for two years.5 If
students fulfilled the educational requirements, provided proof of good moral character and continuous
residency in the United States, were brought to the country before the age of sixteen and were under
the age of thirty-five, they would then be permitted to petition for the removal of the conditional status
for permanent residency.6 The DREAM Act of 2009 would have also removed the limitations placed on
states willing to provide state financial aid to undocumented students by the IIRIR Act. The DREAM Act
of 2009 was referred to the Senate Judiciary Committee, but never reported on.7
After several changes, the bill was reintroduced as the DREAM Act of 2010 by Senator Durbin on
behalf of himself and Democratic Senator Patrick Leahy of Vermont on November 30, 2010. The DREAM
Act of 2010 proposed to grant conditional nonimmigrant status for those who met the following
requirements:

Entered the United States when under the age of sixteen

Resided in the United States for at least five years prior to the enactment of the DREAM Act

Received high school diploma or GED

Admitted to an institution of higher education

Good moral character

Younger than the age thirty at enactment of the DREAM Act
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
Application for conditional nonimmigrant status submitted one year after admitted to an
institution of higher learning, receiving high school diploma or GED, or one year since
enactment of the DREAM Act

Submit to biometric and biographic data, background checks, and medical examinations

Maintain continual presence in the United States
The conditional nonimmigrant status would be valid for ten years in which the student would be able to
work and leave the country (not to exceed 180 days). One year prior to the ending of granting of the
conditional nonimmigrant status the student would be able to apply for permanent residency if they
have met all the above requirements as well as:

Acquired a degree from an institution of higher education, completed two years towards a BA or
higher, or served at least two years in the Armed Forces

Provided proof of United States secondary schools attended

Submit to the IRS for back taxes
Once the level of permanent residency has been achieved an application for naturalization can be
submitted as normal.8
Unlike the DREAM Act of 2009 the DREAM Act of 2010 would not repeal Section 505 of the IIRIR
Act. States would continue to be obligated to offer in-state tuition to out of state citizens if providing
state financial aid benefits to undocumented students. However under the DREAM Act of 2010 students
granted conditional nonimmigrant status would qualify for student loans and federal work study.9
WHAT HAPPENED TO THE DREAM ACT OF 2010?
The DREAM Act was up for discussion from both Democrats and Republicans on December 18, 2010.
Democratic senators defended the DREAM Act as fixing part of a broken immigration system and a
revenue producer. Meanwhile Republican senators named several reasons for opposition towards the
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DREAM Act including border security as priority, viewing the bill as amnesty, and the need for
amendments.10
Republican Senator Jeff Sessions of Alabama argued the DREAM Act was a “reward for illegal
activity” calling for a priority in securing the United States borders.11 Republican Senator Jon Kyl of
Arizona also expressed his opposition as a result of the act’s failure to have been part of a Senate
hearing and its lack of recent committee action.12 Senator Kyl stated, “The bill comes before us under a
condition in which there can be no amendments. There needs to be amendments.”13 Nearing the
closure of the 111th Congressional session amendments were out of the question for the DREAM Act of
2010 and that was a main point of opposition for several Republican senators.
Opposing viewpoints were presented by Democratic senators. Senator Durbin presented a
statement from the Department of Homeland Security that aimed at presenting facts to clarify
misleading claims. One of the arguments explained by the document was viewing of the bill as amnesty,
according to the Department of Homeland Security, “The DREAM Act is not an amnesty…rather the
DREAM Act requires a decade-long process for a narrowly tailored group of young persons who were
brought to the U.S. years ago as children to resolve their immigration status.”14 Democratic Senator
Dianne Feinstein of California took her time to point out individual cases of students who would benefit
from the enactment of the DREAM Act as well as the expected revenue increases to be acquired with
such enactment.
The Congressional Budget Office reported its cost estimate findings on Senate bill 3992, DREAM
Act of 2010. The Congressional Budget Office found that federal revenues would increase by $2.3 billion
over 10 years and net direct spending would increase by $912 million between 2011 and 2012.15 In
conjunction with the Congressional Budget Office the Joint Committee on Taxation indicated that if
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passed the “bill would reduce deficits by about $2.2 billion over 10 years.”16 They went on to further
explain that the legislation would also reduce net outlays for the Department of Homeland Security by
$155 million over the 2011-2020 period.17
After hearing arguments from both sides the bill was brought up for a vote. Although the
Democrats held control of the House of Representatives and Senate, the DREAM Act of 2010 never
became a law. It failed cloture by five votes with 55 yeas and 41 nays.18 After the votes there was
reaction from both sides of the Senate, President Barack Obama, and the public.
Republican Senator Chuck Grassley of Iowa stated, “I thought we deserved to have amendments
considered. It is unfortunate that the majority attempted to push this bill through at the final hour,
circumventing the democratic process that allows for amendments and serious debate on an issue that
would dramatically undermine our rule of law.”19 Democratic Senator Barbara Boxer of California
expressed disappointment in the inability to pass the DREAM Act, “because of the filibuster we needed
sixty votes-a majority-but the Republican filibuster stopped us from passing it.”20
According to the Washington Post who reported on the Senate decision, “the galleries were
crowded with more than 60 young people who had traveled to Washington, many for the first time, to
push for the measure's passage…when the final tally was announced, the chamber was mostly silent; a
few wiped their eyes.”21 At a press conference on December 22, 2010 President Barack Obama stated, “I
am very disappointed Congress wasn’t able to pass the ‘DREAM Act’ so we can stop punishing kids for
the actions of their parents and allow them to serve in the military or earn an education and contribute
their talents to the country where they grew up.”22
It was clear that we had not seen the end of the DREAM Act.
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DREAM ACT’S LEGISLATIVE
HISTORY
THE FUTURE OF THE DREAM ACT?
On May 10, 2010 President Obama spoke to an audience in El Paso, Texas about the need for
comprehensive immigration reform. In that speech he mentioned the DREAM Act’s near success in 2010
stating, “We’re going to keep fighting for the DREAM Act. We’re going to keep up the fight for reform.”23
The next day Senator Durbin introduced Senate bill 952, DREAM Act of 2011, on behalf of himself and
thirty-two others.24 That same day Democratic Representative Howard Berman of California introduced
House Resolution 1842 to the House of Representatives.25 Both bills have begun their legislative process
and have been referred to committees.
The DREAM Act of 2011 slightly varies from the 2010 version. The term found in 2010 version,
conditional nonimmigrant status, has returned to the 2009 version of conditional permanent resident
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status.26 The duration of the conditional status also returned to the 2009 version of six years rather than
ten. In the 2011 version the period in which students can apply for removal of the conditional status
changed from 2010’s one year prior to the ending of the granting of conditional status, to six months
prior to the ending of the granting of conditional status.27 The most noticeable changes include a return
to applicants age cap from 30 to 35 and the return of the repeal of section 505 of the IIRIR Act.28 The
repeal of section 505 would restore “state-option to determine residency for purposes of higher
education benefits.”29 With the decorated history of the DREAM Act’s ever transforming state and the
Republicans call for amendments in December 2010 it would be safe to say that we have not seen the
last of the already decade long battle for the DREAM Act.
References
1
Department of Homeland Security Office of Immigration Statistics, “Estimates of the Unauthorized Immigrant
Population Residing in the United States: January 2009, 5.
2
Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. § 1623 (2010).
3
Ibid.
4
National Immigration Law Center (2010). DREAM Act: Summary, 2. Retrieved from
http://www.uiowa.edu/~csl/documents/dream-bills-summary-2010-09-20.pdf.
5
Development Relief and Education for Alien Minors Act of 2009, S. 729, 111th Cong. (2009).
6
Ibid.
7
GovTrack.us. (2009). S. 952 Development Relief and Education for Alien Minors Act of 2009. Retrieved from
http://www.govtrack.us/congress/bill.xpd?bill=s111-729.
8
Development Relief and Education for Alien Minors Act of 2010, S. 3992. 111th Cong. (2010).
9
Ibid.
10
“The DREAM Act.”Congressional Record 156:169 (December 18, 2010) p. S10656-S10664.
11
Senator Sessions (AL). “The DREAM Act.” Congressional Record 156:169 (December 18, 2010) p. S10648.
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12
Senator Kyl (AZ). “Don’t Ask Don’t Tell.”Congressional Record 156:169 (December 18, 2010). p. S10656.
13
Ibid.
14
Senator Durbin (IL). “Don’t Ask Don’t Tell.”Congressional Record 156:169 (December 18, 2010). p. S10662.
15
United States Cong. (2010). Congressional Budget Office Cost Estimate: S. 3992 Development Relief and
Education for Alien Minors Act of 2010. Retrieved from http://www.cbo.gov/ftpdocs/119xx/doc11991/s3992.pdf.
16
Senator Feinstein (CA). “Don’t Ask Don’t Tell.”Congressional Record 156:169 (December 18, 2010). p. S10656.
17
United States Cong. (2010). Congressional Budget Office Cost Estimate: S. 3992 Development Relief and
Education for Alien Minors Act of 2010. Retrieved from http://www.cbo.gov/ftpdocs/119xx/doc11991/s3992.pdf.
18
“Removal Clarification Act 2010 [DREAM Act]: Roll Vote No. 278.” Congressional Record 156:169 (December 18,
2010). p. S10665.
19
Senator Grassley (IO). “Removal Clarification Act of 2010.” Congressional Record 156:169 (December 18, 2010).
p S10666.
20
Senator Boxer (CA). SBIR/STTR Reauthorization Act of 1999-RESUMED.” Congressional Record 156:169
(December 18, 2010). p. S10671.
21
Sonmez, F. (2010, December 18). Senate defeats DREAM Act. Washington Post. Retrieved from
http://voices.washingtonpost.com/44/2010/12/senate-defeats-dream-act.html
22
Barack H. Obama, “The President’s News Conference,” The American Presidency Project (December 22, 2010).
Retrieved from http://www.presidency.ucsb.edu/ws/index.php?pid=88852#axzz1OM3uCtSQ.
23
Barack H. Obama, “Remarks by the President on Comprehensive Immigration Reform in El Paso, Texas,” The
White House (May 10, 2011). Retrieved from http://www.whitehouse.gov/the-press-office/2011/05/10/remarkspresident-comprehensive-immigration-reform-el-paso-texas.
24
Development Relief and Education for Alien Minors Act of 2011, S. 952, 112th Cong. (2011).
25
Development Relief and Education for Alien Minors Act of 2011, H. R. 1842, 112 th Cong. (2011).
26
Development Relief and Education for Alien Minors Act of 2011, S. 952, 112th Cong. (2011).
27
Ibid.
28
Ibid.
29
Ibid.
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