No to the NIGHTMARE Act!!
I worry that Voinovich might cave in since he’s a lame duck. Isn’t his buddy, DICK Lugar for it?
TEN THINGS YOU NEED TO KNOW ABOUT
THE DREAM ACT
1. THE DREAM ACT IS NOT LIMITED TO CHILDREN, AND IT WILL BE FUNDED ON
THE BACKS OF HARD WORKING, LAW-ABIDING AMERICANS
Proponents of the DREAM Act frequently claim the bill offers relief only
to illegal alien “children.” Incredibly, previous versions of the DREAM
Act had no age limit at all, so illegal aliens of any age who satisfied
the Act’s requirements—not just children—could obtain lawful permanent
resident (LPR) status. In response to this criticism, two versions of
the DREAM Act include a requirement that aliens be under the age of 35
on the date of enactment to be eligible for LPR status. Even with this
cap, many aliens would be at least 41 years old before obtaining full
LPR status under the Act—hardly the “children” the Act’s advocates keep
talking about. The third version of the bill still allows 30 year old
“children” to be eligible for LPR status.
The DREAM Act requires that DHS/USCIS process all DREAM Act applications
(applications that would require complex, multi-step adjudication)
without being able to increase fees to handle processing. This mandate
would require either additional Congressional appropriations, or for
USCIS, a primarily fee-funded agency, to raise fees on other types of
immigration benefit applications. This would unfairly spread the cost of
administering the DREAM Act legalization program among applicants and
petitioners who have abided by U.S. laws and force taxpayers to pay for
amnesty. Taxpayers would also be on the hook for all Federal benefits
the DREAM Act seeks to offer to illegal aliens, including student loans
and grants.
2. THE DREAM ACT PROVIDES SAFE HARBOR FOR ANY ALIEN, INCLUDING
CRIMINALS, FROM BEING REMOVED OR DEPORTED IF THEY SIMPLY SUBMIT AN
APPLICATION
Although DREAM Act proponents claim it will benefit only those who meet
certain age, presence, and educational requirements, amazingly the Act
protects ANY alien who simply submits an application for status no
matter how frivolous. The bill forbids the Secretary of Homeland
Security from removing “any alien who has a pending application for
conditional status” under the DREAM Act—regardless of age or criminal
record—providing a safe harbor for all illegal aliens. This loophole
will open the floodgates for applications that could stay pending for
many years or be litigated as a delay tactic to prevent the illegal
aliens’ removal from the United States. The provision will further erode
any chances of ending the rampant illegality and fraud in the existing
system.
3. CERTAIN CRIMINAL ALIENS WILL BE ELIGIBLE FOR AMNESTY UNDER THE DREAM ACT
Certain categories of criminal aliens will be eligible for the DREAM Act
amnesty, including alien gang members and aliens with misdemeanor
convictions, even DUIs. The DREAM Act allows illegal aliens guilty of
the following offenses to be eligible for amnesty: alien absconders
(aliens who failed to attend their removal proceedings), aliens who have
engaged in voter fraud or unlawfully voted, aliens who have falsely
claimed U.S. citizenship, aliens who have abused their student visas,
and aliens who have committed marriage fraud. Additionally, illegal
aliens who pose a public health risk, aliens who have been permanently
barred from obtaining U.S. citizenship, and aliens who are likely to
become a public charge are also eligible.
4. ESTIMATES SUGGEST THAT EITHER 1.3 OR 2.1 MILLION ILLEGAL ALIENS WILL
BE IMMEDIATELY ELIGIBLE FOR THE DREAM ACT AMNESTY, DEPENDING ON WHICH
AGE CAP IS APPLIED. HOWEVER, THE BILL IMPOSES NO LIMIT ON FUTURE
APPLICANTS, SO THE NUMBERS ARE LIKELY TO GROW FAR HIGHER.
Section 4(d) of the DREAM Act waives all numerical limitations on green
cards, and prohibits any numerical limitation on the number of aliens
eligible for amnesty under its provisions. The Migration Policy
Institute estimates that the DREAM Act will make approximately
1.3–2.1[1] million illegal aliens eligible for amnesty, depending on
whether eligibility is capped at the age of 30 or 35. It is highly
likely that the number of illegal aliens receiving amnesty under the
DREAM Act will be much higher than the estimated 1.3–2.1 million due to
fraud and our inherent inability to accurately estimate the illegal
alien population. Clearly, the message sent by the DREAM Act will be
that if any young person can enter the country illegally, within 5
years, they will be placed on a path to citizenship.
5. ILLEGAL ALIENS COULD GET IN-STATE TUITION BENEFITS
Under the original version of the DREAM Act introduced on the Senate
calendar, S.3827, illegal aliens would qualify for in-state tuition,
even when it is not being offered to U.S. citizens and legally present
aliens living just across state lines. Section 3 of S.3827 repeals
Section 505 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1623) which prohibits giving
education benefits to an unlawfully present individual unless that same
benefit is offered to all U.S. citizens.
6. THE DREAM ACT DOES NOT REQUIRE THAT AN ILLEGAL ALIEN FINISH ANY TYPE
OF DEGREE (VOCATIONAL, TWO-YEAR, OR BACHELOR’S DEGREE) AS A CONDITION OF
AMNESTY
DREAM Act supporters would have you believe that the bill is intended to
benefit illegal immigrants who have graduated from high school and are
on their way to earning college degrees. However, the bill is careful to
ensure that illegal alien high school drop-outs will also be put on a
pathway to citizenship – they simply have to get a GED and be admitted
to “an institution of higher education,” defined by the Higher Education
Act of 1965.
Under the Higher Education Act, an “institution of higher education”
includes institutions that provide 2-year programs (community colleges)
and any “school that provides not less than a 1-year program of training
to prepare students for gainful employment” (a vocational school).
Within 8 years of the initial grant of status, the alien must prove only
that they finished 2 years of a bachelor’s degree program, not that they
completed any program or earned any degree.
If the alien is unable to complete 2 years of college but can
demonstrate that their removal would result in hardship to themselves or
their U.S. citizen or LPR spouse, child, or parent, the education
requirement can be waived altogether.
7. THE DREAM ACT DOES NOT REQUIRE THAT AN ILLEGAL ALIEN SERVE IN THE
MILITARY AS A CONDITION FOR AMNESTY, AND THERE IS ALREADY A LEGAL
PROCESS IN PLACE FOR ILLEGAL ALIENS TO OBTAIN U.S. CITIZENSHIP THROUGH
MILITARY SERVICE
DREAM Act supporters would have you believe that illegal aliens who
don’t go to college will earn their citizenship through service in the
U.S. Armed Forces. However, the bill does not require aliens to join the
U.S. Armed Forces (the Army, Navy, Air Force, Marine Corps, or Coast
Guard); instead it requires enlistment in the “uniformed services.” This
means that aliens need only go to work for the National Oceanic and
Atmospheric Administration or Public Health Service for 2 years to get
U.S. citizenship. If the alien is unable to complete 2 years in the
“uniformed services,” and can demonstrate that their removal would
result in hardship to themselves or their U.S. citizen or LPR spouse,
child, or parent, the military service requirement can be waived
altogether. Such claims will likely engender much litigation and place a
huge burden on DHS.
Furthermore, under current law (10 USC § 504), the Secretary of Defense
can authorize the enlistment of illegal aliens. Once enlisted in the
U.S. Armed Forces, under 8 USC § 1440, these illegal aliens can become
naturalized citizens through expedited processing, often obtaining U.S.
citizenship in six months.
8. DESPITE THEIR CURRENT ILLEGAL STATUS, DREAM ACT ALIENS WILL BE GIVEN
ALL THE RIGHTS THAT LEGAL IMMIGRANTS RECEIVE—INCLUDING THE LEGAL RIGHT
TO SPONSOR THEIR PARENTS AND EXTENDED FAMILY MEMBERS FOR IMMIGRATION
Under current federal law, U.S. citizens have the right to immigrate
their “immediate relatives” to the U.S. without regard to numerical
caps. Similarly, lawful permanent residents can immigrate their spouses
and children to the U.S. as long as they retain their status. This means
illegal aliens who receive amnesty under the DREAM Act will have the
right to immigrate their family members—including the parents who sent
for or brought them to the U.S. illegally in the first place—in
unlimited numbers as soon as they become U.S. citizens (6 to 8 years
after enactment) and are 21 years of age.
Additionally, amnestied aliens who become U.S. citizens will be able to
petition for their adult siblings living abroad to immigrate to the
U.S., further incentivizing chain migration and potentially illegal
entry into the United States (for those who don’t want to wait for the
petition process overseas). When an adult brother or sister receives a
green card, the family (spouse and children) of the adult sibling
receive green cards as well.
9. CURRENT ILLEGAL ALIENS WILL GET FEDERAL STUDENT LOANS, FEDERAL WORK
STUDY PROGRAMS, AND OTHER FORMS OF FEDERAL FINANCIAL AID
Section 10 of the DREAM Act allows illegal aliens amnestied under the
bill’s provisions to qualify for federal student assistance under Title
IV of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) in the
form of federal student loans (Stafford Loans, Perkins Loans, Federal
Direct Stafford/Ford Loans), federal work-study programs, and other
federal education services such as tutoring and counseling.
10. DHS IS PROHIBITED FROM USING THE INFORMATION PROVIDED BY ILLEGAL
ALIENS WHOSE DREAM ACT AMNESTY APPLICATIONS ARE DENIED TO INITIATE THEIR
REMOVAL PROCEEDINGS OR INVESTIGATE OR PROSECUTE FRAUD IN THE APPLICATION
PROCESS
When an illegal alien’s DREAM Act amnesty application is denied, the
bill states that the alien will revert to their “previous immigration
status,” which is likely illegal or deportable. The bill, however,
prohibits using any of the information contained in the amnesty
application (name, address, length of illegal presence that the alien
admits to, etc.) to initiate a removal proceeding or investigate or
prosecute fraud in the application process. Thus, it will be extremely
hard for DHS to remove aliens who they now know are illegally present in
the U.S., because illegal aliens will be able to claim that the legal
action is a product of the amnesty application, and DHS will have the
nearly impossible task of proving a negative.
The Democrats and their lame duck Nightmare Amnesty are pushing the U.S. to the edge.
Let’s sacrifice the education of American children during this recession in order to educate the children of people who broke our laws. Great idea, after all Americans don’t matter, our whole purpose in life is to work and make money so idiots in Washington can give it away to everyone else in the world.
Can anyone suggest an amendment to do this, while allowing for a response to Pearl Harbor?
This is the most important issue in lame-duck senate. Everything else, including tax issues, can always be changed in the next Senate session.
Amnesty is permanent (and it will extended by activist courts to cover every s*x predator and drug mule they can find).
How did this supposedly objective agency come up with the conclusion that this was a money saving bill? Maybe their assumptions are so limited (like in the ObamaCare analysi) that it's garbage in... garbage out.
I would love to see our Congress actually do something good for our country.
And look who is behind this,George Soros.
Soros,ACORN & Obama the Liberal money machine working to force taxpayers to fund FREE college tuition for ILLEGAL ALIENS http://is.gd/iDrF6
We need to deport or imprison ALL illegal aliens, including their anchor babies, seal and secure the border with a wall and fence, and have a lethal response to anyone who tries to re-enter illegally.
Ping!
This bill must be stopped. Only those insane, corrupt, and/or who hate this country would push this Nightmare Act.
Bump.
If they shove this down the American people’s throats by sneaking it by on Christmas Eve....there may very well be a St. Nicholas massacre....politically speaking of course. /s