Obfuscation of DREAM Act cleared away here.
1.The DREAM Act Is NOT Limited to Children, And ItWill Be Funded On the Backs Of Hard Working,Law-Abiding Americans.
Proponentsof the DREAM Act frequently claim the bill offersrelief only to illegal alien “kids.”Incredibly, previous versions of the DREAM Act hadno age limit at all, so illegal aliens of any agewho satisfied the Act’s requirements-not justchildren-could obtain lawful permanent resident(LPR) status. In response to this criticism, S.3827includes a requirement that aliens be under the ageof 35 on the date of enactment to be eligible forLPR status. Even with this cap, many aliens wouldbe at least 41 years old before obtaining full LPRstatus under the Act-hardly the “kids”the Act’s advocates keep talking about.
TheDREAM Act requires that DHS/USCIS process all DREAMAct applications (applications that would requirecomplex, multi-step adjudication) without beingable to increase fees to handle processing. Thismandate would require either additionalCongressional appropriations, or for USCIS, aprimarily fee-funded agency, to raise fees on othertypes of immigration benefit applications. Thiswould unfairly spread the cost of administering theDREAM Act legalization program among applicants andpetitioners who have abided by U.S. laws and forcetaxpayers to pay for amnesty. Taxpayers would alsobe on the hook for all Federal benefits the DREAMAct seeks to offer illegal aliens, includingstudent loans and grants.
2.The DREAM Act PROVIDES SAFE HARBOR FOR ANY ALIEN,Including Criminals, From Being Removed or DeportedIf They Simply Submit An Application.
AlthoughDREAM Act proponents claim it will benefit onlythose who meet certain age, presence, andeducational requirements, amazingly the Actprotects ANY alien who simply submits anapplication for status no matter how frivolous. Thebill forbids the Secretary of Homeland Securityfrom removing “any alien who has a pendingapplication for conditional status” under theDREAM Act-regardless of age or criminalrecord-providing a safe harbor for all illegalaliens. This loophole will open the floodgates forapplications that could stay pending for many yearsor be litigated as a delay tactic to prevent theillegal aliens’ removal from the United States. Theprovision will further erode any chances of endingthe rampant illegality and fraud in the existingsystem.
3.Certain Criminal Aliens Will Be Eligible ForAmnesty Under The DREAM Act.
Certaincategories of criminal aliens will be eligible forthe DREAM Act amnesty, including alien gang membersand aliens with misdemeanor convictions, even DUIs.The DREAM Act allows illegal aliens guilty of thefollowing offenses to be eligible for amnesty:alien absconders (aliens who failed to attend theirremoval proceedings), aliens who have engaged invoter fraud or unlawfully voted, aliens who havefalsely claimed U.S. citizenship, aliens who haveabused their student visas, and aliens who havecommitted marriage fraud. Additionally, illegalaliens who pose a public health risk, aliens whohave been permanently barred from obtaining U.S.citizenship, and aliens who are likely to become apublic charge are also eligible.
4.Estimates Suggest That At Least 2.1 Million IllegalAliens Will Be Eligible For the DREAM Act Amnesty.
In Reality, We Have No Idea How Many Illegal AliensWill Apply Section4(d) of the DREAM Act waives all numericallimitations on green cards, and prohibits anynumerical limitation on the number of alienseligible for amnesty under its provisions. TheMigration Policy Institute estimates that the DREAMAct will make approximately 2.1 million illegalaliens eligible for amnesty. It is highly likelythat the number of illegal aliens receiving amnestyunder the DREAM Act will be much higher than theestimated 2.1 million due to fraud and our inherentinability to accurately estimate the illegal alienpopulation. Clearly, the message sent by the DREAMAct will be that if any young person can enter thecountry illegally, within 5 years, they will beplaced on a path to citizenship.
5.Illegal Aliens Will Get In-State Tuition Benefits.
The DREAM Act will allow illegal aliens to qualifyfor in-state tuition, even when it is not beingoffered to U.S. citizens and legally present aliensliving just across state lines. Section 3 of theDREAM Act repeals Section 505 of the IllegalImmigration Reform and Immigrant Responsibility Actof 1996 (8 U.S.C. 1623) which prohibits givingeducation benefits to an unlawfully presentindividual unless that same benefit is offered toall U.S. citizens.
6.The DREAM Act Does Not Require That An IllegalAlien Finish Any Type of Degree (Vocational,Two-Year, or Bachelor’s Degree) As A Condition ofAmnesty.
DREAMAct supporters would have you believe that the billis intended to benefit illegal immigrants who havegraduated from high school and are on their way toearning college degrees. However, the bill iscareful to ensure that illegal alien high schooldrop-outs will also be put on a pathway tocitizenship – they simply have to get a GED and beadmitted to “an institution of highereducation,” defined by the Higher EducationAct of 1965.
Underthe Higher Education Act, an “institution ofhigher education” includes institutions thatprovide 2-year programs (community colleges) andany “school that provides not less than a1-year program of training to prepare students forgainful employment” (a vocational school).Within 8 years of the initial grant of status, thealien must prove only that they finished 2 years ofa bachelor’s degree program, not that theycompleted any program or earned any degree.
Ifthe alien is unable to complete 2 years of collegebut can demonstrate that their removal would resultin hardship to themselves or their U.S. citizen orLPR spouse, child, or parent, the educationrequirement can be waived altogether.
7.The DREAM Act does not require that an illegalalien serve in the military as a condition foramnesty, and There is ALREADY A Legal Process InPlace For Illegal Aliens to Obtain U.S. CitizenshipThrough Military Service.
DREAMAct supporters would have you believe that illegalaliens who don’t go to college will earn theircitizenship through service in the U.S. ArmedForces. However, the bill does not require aliensto join the U.S. Armed Forces (the Army, Navy, AirForce, Marine Corps, or Coast Guard); instead itrequires enlistment in the “uniformedservices.” This means that aliens need only goto work for the National Oceanic and AtmosphericAdministration or Public Health Service for 2 yearsto get U.S. citizenship. If the alien is unable tocomplete 2 years in the “uniformed services,”and can demonstrate that their removal would resultin hardship to themselves or their U.S. citizen orLPR spouse, child, or parent, the military servicerequirement can be waived altogether. Such claimswill likely engender much litigation and place ahuge burden on DHS.
Furthermore,under current law (10 USC § 504), theSecretary of Defense can authorize the enlistmentof illegal aliens. Once enlisted in the U.S. ArmedForces, under 8 USC § 1440, these illegalaliens can become naturalized citizens throughexpedited processing, often obtaining U.S.citizenship in six months.
8.Despite Their Current Illegal Status, DREAM ActAliens Will Be Given All The Rights That LegalImmigrants Receive-Including The Legal Right ToSponsor Their Parents and Extended Family MembersFor Immigration
Undercurrent federal law, U.S. citizens have the rightto immigrate their “immediate relatives”to the U.S. without regard to numerical caps.Similarly, lawful permanent residents can immigratetheir spouses and children to the U.S. as long asthey retain their status. This means illegal alienswho receive amnesty under the DREAM Act will havethe right to immigrate their familymembers-including the parents who sent for orbrought them to the U.S. illegally in the firstplace-in unlimited numbers as soon as they becomeU.S. citizens (6 to 8 years after enactment) andare 21 years of age.
Additionally,amnestied aliens who become U.S. citizens will beable to petition for their adult siblings livingabroad to immigrate to the U.S., furtherincentivizing chain migration and potentiallyillegal entry into the United States (for those whodon’t want to wait for the petition processoverseas). When an adult brother or sister receivesa green card, the family (spouse and children) ofthe adult sibling receive green cards as well.
9.Current Illegal Aliens Will Get Federal StudentLoans, Federal Work Study Programs, and Other Formsof Federal Financial Aid.
Section10 of the DREAM Act allows illegal aliens amnestiedunder the bill’s provisions to qualify for federalstudent assistance under Title IV of the HigherEducation Act of 1965 (20 U.S.C. 1001 et seq.) inthe form of federal student loans (Stafford Loans,Perkins Loans, Federal Direct Stafford/Ford Loans),federal work-study programs, and other federaleducation services such as tutoring andcounseling.
10.DHS Is Prohibited From Using the InformationProvided By Illegal Aliens Whose DREAM Act AmnestyApplications Are Denied To Initiate Their RemovalProceedings or Investigate or Prosecute Fraud inthe Application Process.
Whenan illegal alien’s DREAM Act amnesty application isdenied, the bill states that the alien will revertto their “previous immigration status,”which is likely illegal or deportable. The bill,however, prohibits using any of the informationcontained in the amnesty application (name,address, length of illegal presence that the alienadmits to, etc) to initiate a removal proceeding orinvestigate or prosecute fraud in the applicationprocess. Thus, it will be extremely hard for DHS toremove aliens who they now know are illegallypresent in the U.S., because illegal aliens will beable to claim that the legal action is a product ofthe amnesty application, and DHS will have thenearly impossible task of proving a negative.
Contact information for the targeted Senators.
SEN.JOHN MCCAIN 202-224-2235; 480-897-6289:Staff says he “hasn’t made a public statement”and “hasn’t made up his mind.” He talkeda tough border security game to get re-elected,while promising illegal alien activists he would”resolve their issues.” (Refresh yourmemories here.)
SEN.OLYMPIA SNOWE 202-224-5344; 207-874-0883:Staff says she “hasn’t released astatement.”
SEN.SUSAN COLLINS 202-224-2523; 207-945-0417:Staff says she “hasn’t released a publicstatement.”
SEN.LISA MURKOWSKI 202-224-6665; 907-271-3735:Staff says she’s “still reviewing thebill.”
SEN.SAM BROWNBACK 202-224-6521; 785-233-2503Staff says he “hasn’t had a chance to look atit” and remains non-committal.
SEN.KAY BAILEY HUTCHISON 202-224-5922; 214-361-3500:Staff says she “hasn’t released a statement,”but will probably do so later today.
SEN.GEORGE LEMIEUX 202-224-3041; 904-398-8586:Recorded message informs callers that he’s “ina meeting.” He has yet to publicly state hisposition as open-borders extremists step uppressure.