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The Flawed DREAM Act and Amnesty for Illegal Aliens
Opposing Views ^ | 12/07/10 | Heritage Foundation

Posted on 12/07/2010 8:41:15 PM PST by freespirited

The latest attempt to give millions of illegal aliens amnesty may get a vote in the Senate as early as Wednesday.

FOX News is reporting that there have already been three calls this week by administration officials on behalf of President Obama advocating the DREAM Act being pushed by Senators Reid and Durbin.

The “Development, Relief and Education for Alien Minors Act” is being painted as a way of providing citizenship to children. But DREAM should really stand for “Deviously Replacing Enforcement with AMnesty” since it will basically extend an amnesty to an estimated 2.1 million illegal aliens who are as old as 35 or 30, depending on which version of DREAM you are looking at. But because aliens granted citizenship under the DREAM Act could then sponsor their spouses, children, siblings, and parents, chain migration could result in triple that number of illegal aliens ultimately receiving amnesty and becoming citizens.

There are at least four different versions of DREAM in the Senate, the latest introduced by Sen. Durbin as S. 3992. As Senator Jeff Sessions (R-AL) has said, these bills are all filled with so many loopholes that they would send illegal immigrants the message that the U.S. has “given up on enforcement of our immigration laws.” Supporters paint this law as only helping those who complete college or military service, but this claim is false. You only have to show that you completed two years of college to be entitled to amnesty – there is no requirement that you actually obtain a degree. One version of DREAM only requires enlistment for two years in the “uniformed services,” so working for the National Oceanic and Atmospheric Administration or the Public Health Service would qualify you for amnesty. The latest version of DREAM changes “uniformed services” to the “Armed Forces.”

But even those requirements to complete two years of college education or uniformed service can be waived by the Secretary of Homeland Security, Janet Napolitano, if the alien can demonstrate “compelling circumstances” and the alien’s removal would cause a hardship to the alien, his spouse, parents or children. This is such a loose, wide-open standard that it is no standard at all. Aliens are always going to claim it is a hardship for them and their families if they are removed from the United States, even if the hardship is of their own making when they showed such a disregard for our laws by illegally entering the country, illegally working, and, in many cases, obtaining fraudulent identification and other authorization documents.

Additionally (and what supporters don’t like to mention), is that the Secretary of Defense already has the authority under 10 U.S.C. § 504 (b) to enlist illegal aliens in the military if “such enlistment is vital to the national interest.” Since supporters of this legislation are claiming that the DREAM Act is so important to maintaining our military enlistment rates in a time of war, obviously the “vital to the national interest” standard of the existing federal statute has already been met. And 8 U.S.C. § 1440 allows such aliens to become naturalized U.S. citizens, with their applications handled at accelerated rates. Why do we then need another, supposedly superfluous federal law? One version of the DREAM Act eliminates the federal prohibition on states giving illegal aliens access to in-state college tuition rates. Thus the law would make it lawful for states to discriminate against citizens who live across state lines in favor of illegal aliens. That has been deleted from Senator Durbin’s latest version of the Act, although both of the versions give illegal aliens access to federal student loans and work-study programs.

The DREAM Act will attract a flood of applications, even by individuals who do not qualify for amnesty, because the application process stops all removal proceedings. So there will be a tremendous incentive to file applications and litigate for years to postpone and delay removal. Even worse, the Act makes it illegal for any information in the application to be used to initiate removal proceedings. So even illegal aliens who do not meet the law’s standards and do not eventually receive amnesty will still be able to largely immunize themselves against removal proceedings by the Department of Homeland Security.

Law enforcement agencies will be put in the awkward position of having to prove that any information they used to find, detain, and try to remove an illegal alien was already in their files when an application was received or was not derived from the application. As Mark Krikorian of the Center for Immigration Studies says, DHS “will have the nearly impossible task of proving a negative.” This will place enormous barriers in the way of enforcing our immigration laws and removing illegal aliens, which is no doubt one of the intentions of the legislation.

This law will provide amnesty to large numbers of individuals who are in the United States illegally, and allow chain migration of even millions more. This will have been the second time the United States has provided amnesty for millions of illegal aliens, and prospective illegals will see this as a sign that it will happen again – they just need to get into the country and stay here, making it as cumbersome, expensive, and politically unpalatable as possible to remove them or to enforce our immigration laws.

The DREAM Act will reinforce an attitude of contempt towards our immigration law and requirements, given how we will be rewarding those who came here illegally. It is the same type of proposal we have seen on the immigration front for years – encourage illegality and reward lawbreakers, while ignoring enforcement and border security.


TOPICS: News/Current Events
KEYWORDS: dreamact; harryreid; illegals
I'm going out on a limb and predicting that the bill will fail in the Senate--and that the vote wont even be close.
1 posted on 12/07/2010 8:41:21 PM PST by freespirited
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To: AuntB; Liz

DREAM Act PING


2 posted on 12/07/2010 8:42:35 PM PST by Tennessee Nana
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To: freespirited

I so hope you are right. But with a number of Pro-Illegal/Anti-American GOP Senators like John McCain and Lindsey Graham....they may help the Dems get enough votes to pass this treasonous bill. The Dems would not keep trying if they felt they could not get some GOP to join them to pass it


3 posted on 12/07/2010 8:45:40 PM PST by UCFRoadWarrior (Communist Chinese workers aren't paying for those welfare and unemployment benefits)
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To: UCFRoadWarrior

Graham has already said he is voting no. I expect McCrazy to do the same.

In fact, I expect all GOP senators to vote no. All 42 promised in their letter to Reid that they would block all bills extraneous to tax cuts and funding the govt until these two matters are resolved. Even Lugar, who loves this turkey legislation, signed the letter.

I also expect about a half dozen RATS to vote no. Could go as high as 9 or 10.


4 posted on 12/07/2010 8:54:34 PM PST by freespirited (This tagline dedicated to the memory of John Armor, a/k/a Congressman Billybob.)
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To: freespirited

The U.S. Conference of Catholic Bishops is supporting the DREAM Act, following their usual rigorous vetting process: The Democrat activists on Capitol Hill called up the Democrat activists at the USCCB and told them it was time to announce their support.

The bishop who made the announcement is the newish coadjutor bishop of Los Angeles, Archbishop José Gomez.


5 posted on 12/07/2010 8:57:22 PM PST by Arthur McGowan (In Edward Kennedy's America, federal funding of brothels is a right, not a privilege.)
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To: freespirited

Some dare to call it treason...
Just sayin’...


6 posted on 12/07/2010 9:17:30 PM PST by Spitzensparkin1 (Arrest and deport all illegal aliens. Illegal is not a race - it is a crime. WhooRaah! Arizona!)
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To: freespirited
It had better not be close. Anyone that votes for it should be put under investigation for un-American activities.

Instead of legalizing a bunch of criminals, (Yes, criminals, that's what these people are, deal with it libs!) maybe the DHS should do their job, and enforce the laws we have on the books. You know, that whole oath thing they took...

7 posted on 12/07/2010 9:20:41 PM PST by ThunderSleeps (Stop obama now! Stop the hussein - insane agenda!)
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To: freespirited

The count is something like 48 yes, 37 No and 15 undeclared.
Most of those 15 are holding out for a favor from Reid before committing their support.

There is speculation that part of the tax compromise was an assurance that enough GOP senators will support the DREAM ACT to pass it.


8 posted on 12/07/2010 9:48:04 PM PST by nbenyo
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To: freespirited

This should be named ‘The FUBAR NIGHTMARE ACT’.


9 posted on 12/07/2010 9:49:56 PM PST by Conservative Tsunami
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To: freespirited
There are at least four different versions of DREAM in the Senate..

Why not four-hundred versions of this putrid legislation?

I'm sick of these cutesy acronyms from the Dems like 'DREAM ACT' that will have the impact of a thousand 9/11's upon America.

I've changed my mind about my prior suggestion; Let's have a Republican re-name version 5.0 of this act and call it the 'GTFO Of My Country Act'.

10 posted on 12/07/2010 9:55:50 PM PST by Conservative Tsunami
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