http://cfif.org/v/index.php/commentary/58-immigration/821-ten-things-you-need-to-know-about-s3827-the-dream-act
By Senator Jeff Sessions
Thursday, November 18 2010
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 “kids.” Incredibly, previousversions of the DREAM Act had no age limit at all, so illegal aliens ofany age who satisfied the Act’s requirements—not just children—couldobtain lawful permanent resident (LPR) status. In response to thiscriticism, S.3827 includes a requirement that aliens be under the age of35 on the date of enactment to be eligible for LPR status. Even withthis cap, many aliens would be at least 41 years old before obtainingfull LPR status under the Act—hardly the “kids” the Act’s advocates keeptalking about.
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 handleprocessing. This mandate would require either additional Congressionalappropriations, or for USCIS, a primarily fee-funded agency, to raisefees on other types of immigration benefit applications. This wouldunfairly spread the cost of administering the DREAM Act legalizationprogram among applicants and petitioners who have abided by U.S. lawsand force taxpayers to pay for amnesty. Taxpayers would also be on thehook for all Federal benefits the DREAM Act seeks to offer illegalaliens, including student loans and grants.
2. The DREAM Act PROVIDES SAFE HARBOR FOR ANY ALIEN, Including Criminals, From Being Removed or Deported If TheySimply Submit An Application
Although DREAM Act proponents claim it will benefit only those who meet certain age, presence, and educationalrequirements, amazingly the Act protects ANY alien who simply submits anapplication for status no matter how frivolous. The bill forbids theSecretary of Homeland Security from removing “any alien who has apending application for conditional status” under the DREAMAct—regardless of age or criminal record—providing a safe harbor for allillegal aliens. This loophole will open the floodgates for applicationsthat could stay pending for many years or be litigated as a delaytactic to prevent the illegal aliens’ removal from the United States.The provision will further erode any chances of ending the rampantillegality 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 andaliens with misdemeanor convictions, even DUIs. The DREAM Act allowsillegal aliens guilty of the following offenses to be eligible foramnesty: alien absconders (aliens who failed to attend their removalproceedings), aliens who have engaged in voter fraud or unlawfullyvoted, aliens who have falsely claimed U.S. citizenship, aliens who haveabused their student visas, and aliens who have committed marriagefraud. 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 At Least 2.1 Million Illegal Aliens Will Be Eligible For the DREAM Act Amnesty. InReality, We Have No Idea How Many Illegal Aliens Will Apply
Section 4(d) of the DREAM Act waives all numerical limitations on green cards, and prohibits any numerical limitation onthe number of aliens eligible for amnesty under its provisions. TheMigration Policy Institute estimates that the DREAM Act will makeapproximately 2.1 million illegal aliens eligible for amnesty. It ishighly likely that the number of illegal aliens receiving amnesty underthe DREAM Act will be much higher than the estimated 2.1 million due tofraud and our inherent inability to accurately estimate the illegalalien population. Clearly, the message sent by the DREAM Act will bethat if any young person can enter the country illegally, within 5years, they will be placed on a path to citizenship.
5. Illegal Aliens Will Get In-State Tuition Benefits
The DREAM Act will allow illegal aliens to 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 the DREAM Act repeals Section 505 of the IllegalImmigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.1623) which prohibits giving education benefits to an unlawfully presentindividual 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, orBachelor’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 graduatedfrom high school and are on their way to earning college degrees.However, the bill is careful to ensure that illegal alien high schooldrop-outs will also be put on a pathway to citizenship – they simplyhave to get a GED and be admitted to “an institution of highereducation,” 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 a1-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’sdegree program, not that they completed any program or earned anydegree.
If the alien is unable to complete 2 years of college but can demonstrate that their removal would result in hardshipto themselves or their U.S. citizen or LPR spouse, child, or parent, theeducation 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, andThere is ALREADY A Legal Process In Place For Illegal Aliens to ObtainU.S. Citizenship Through Military Service
DREAM Act supporters would have you believe that illegal aliens who don’t go to college will earn their citizenshipthrough service in the U.S. Armed Forces. However, the bill does notrequire 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 forthe National Oceanic and Atmospheric Administration or Public HealthService for 2 years to get U.S. citizenship. If the alien is unable tocomplete 2 years in the “uniformed services,” and can demonstrate thattheir removal would result in hardship to themselves or their U.S.citizen or LPR spouse, child, or parent, the military servicerequirement can be waived altogether. Such claims will likely engendermuch 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, theseillegal aliens can become naturalized citizens through expeditedprocessing, 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 ImmigrantsReceive—Including The Legal Right To Sponsor Their Parents and ExtendedFamily Members For Immigration
Under current federal law, U.S. citizens have the right to immigrate their “immediate relatives” to the U.S. withoutregard to numerical caps. Similarly, lawful permanent residents canimmigrate their spouses and children to the U.S. as long as they retaintheir status. This means illegal aliens who receive amnesty under theDREAM Act will have the right to immigrate their familymembers—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 becomeU.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 abroadto immigrate to the U.S., further incentivizing chain migration andpotentially illegal entry into the United States (for those who don’twant to wait for the petition process overseas). When an adult brotheror sister receives a green card, the family (spouse and children) of theadult 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 studentassistance 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-studyprograms, and other federal education services such as tutoring andcounseling.
10. DHS Is Prohibited From Using the Information Provided By Illegal Aliens Whose DREAM Act AmnestyApplications Are Denied To Initiate Their Removal Proceedings orInvestigate 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 totheir “previous immigration status,” which is likely illegal ordeportable. The bill, however, prohibits using any of the informationcontained in the amnesty application (name, address, length of illegalpresence that the alien admits to, etc) to initiate a removal proceedingor investigate or prosecute fraud in the application process. Thus, itwill be extremely hard for DHS to remove aliens who they now know areillegally present in the U.S., because illegal aliens will be able toclaim that the legal action is a product of the amnesty application, andDHS will have the nearly impossible task of proving a negative.
The Honorable Jeff Sessions is a Republican U.S. Senator from Alabama.
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