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The Borderline Spectator
DREAMs Are Made of This
Everybody is looking for something. If it’s amnesty, the lame-duck Congress could help them find it.
What’s the difference between “amnesty” and “comprehensive immigration reform”? In theory, the answer is simple: Under the latter, an illegal immigrant must satisfy strict requirements to qualify for the former. Various enforcement measures designed to deter further illegal immigration — i.e., future comprehensive reform beneficiaries — are also thrown in.
In practice, the answer is even simpler: Not much. Scrutinized carefully, the conditions for legalization that are supposed to set comprehensive reform apart from a blanket amnesty are usually riddled with loopholes or totally unenforceable within the shambles that passes for America’s immigration system. So instead of targeting a small, sympathetic subset of illegal immigrants, the legislation would wind up benefiting a much larger population — not much different from the 1986 amnesty.
That brings us to the Development, Relief and Education for Alien Minors Act, or DREAM Act for short, now pending before the lame-duck session of Congress. (The bill was a key Harry Reid campaign promise.) Supporters say it is designed to help high school students whose parents brought them into the United States illegally when they were small children. Guilty of no crime of their own, under the DREAM Act these youths could adjust their legal status by attending college or serving in the military.
An American Immigration Council fact sheet in support of the bill says, “The DREAM Act is not an amnesty. No one will automatically receive a green card. To legalize, individuals have to meet stringent eligibility criteria: they must have entered the United States before age 16; must have been here for five years or more; must not have committed any major crimes; must graduate from high school or the equivalent; and must complete at least two years of college or military service.”
Hardly anyone wants to deport young people who have only known the United States as their home, did not voluntarily break our immigration laws, and do not even speak the language of their country of origin, even if they didn’t have bright futures ahead in either college or the U.S. military. The trouble is, as usual, the DREAM Act’s “stringent eligibility criteria” fall apart on close examination and its possible implications stretch far beyond youngsters caught in this unfortunate set of circumstances.
First, an illegal alien doesn’t have to provide real evidence that he meets these criteria to keep the immigration authorities at bay. Simply filing an application is good enough. Until the application process is complete, the potential DREAM beneficiary cannot be removed from the United States for any reason. If the application is rejected and amnesty is denied, the applicant reverts to his previous immigration status — and none of the information gathered during this process can be used against the illegal immigrant in future deportation hearings.
DREAM thus provides a huge incentive to apply for amnesty and see what happens. The burden of proof falls on the federal government, not the illegal immigrant. The Migration Policy Institute estimates that about 2.1 million people would qualify, but as staffers for Sen. Jeff Sessions (R-AL) point out (see their fact sheet about the bill), “we have no idea how many illegal aliens will apply.” There are no numerical limits on potential beneficiaries and currently no end date for the application process. Sessions argues: “Clearly, the message sent by the DREAM Act will be that if any young person can enter the country illegally, within five years, they will be placed on a path to citizenship.”
Then there is the question of how “stringent” the bill’s requirements really are. DREAM doesn’t require applicants to finish any degree program or even be particularly good students. For those who go the military route, honorable discharge is not required. “Good moral character” can include up to two misdemeanor convictions, including drunk driving. In any event, if the DREAM beneficiary can prove that their removal from the country would result in hardship to themselves or someone here legally who is a spouse, child, or parent, both the college and military service requirements can be waived.
Finally, those who are amnestied under the DREAM Act and ultimately become U.S. citizens can sponsor their siblings and parents for immigration — including the parents who brought them here illegally. As the bill’s supporters point out, this is not a speedy process. But the parents would at least have the advantage of not having to petition from overseas like other prospective legal immigrants.
DREAM is being tweaked to satisfy skeptics’ objections. The maximum age for applying has been reduced from 35 to 30 (past versions of bill have had no age requirement). Another sticking point is in-state tuition for illegal immigrants. DREAM retroactively repeals a federal ban on the practice, but it would allow states to retain their prohibitions on such tuition breaks.
In the end, all comprehensive immigration reform packages and their DREAM-style mini-mes falter on this challenge: they rely on an already overtaxed immigration bureaucracy to enforce their elaborate conditions for legalization. So applicants must either be buried in a morass of paperwork or the conditions have to be so full of loopholes to make the distinction between reform and amnesty almost meaningless.
It’s the stuff that DREAMs are made of.
About the Author
W. James Antle, III, author of the new book Devouring Freedom: Can Big Government Ever Be Stopped?, is editor of the Daily Caller News Foundation and a senior editor of The American Spectator. You can follow him on Twitter @jimantle.
Letter to the Editor View all comments (36) | Leave a comment
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Melvin| 11.30.10 @ 7:21AM
DREAM ACT, Jeez, I wonder what Madison Avenue Marketing firm came up with that slogan? A slogan with the phrase DREAM and couple it with kids, and viola, and instant tear jerker guaranteed to pull at the toughest heartstrings.
As a Nation whose governance is based on the rule of law doesn't quite fit into the parameters of the DREAM Act does it?
I'm sorry all sympathy of these poor adolescent disadvantaged felons stopped during one Cinco De Mayo holiday in San Bernardino CA, when one of these poor unfortunate disadvantaged miscreants draped themselves with the flag of Mexico and urinated on the ground onto an American flag.
What does the Liberal Left always tell Conservatives? "You must pay for the sins of your fathers," when it comes to race relations. But this time it isn't about race relations it is about knowing and willfully disregarding a sovereign nation's laws.
Does it suck for these kids being the offspring of those who willfully broke our laws? Oh well, "These poor unfortunate, disadvantaged, illegal offspring must pay for the sins of their fathers."
Alan Brooks| 11.30.10 @ 7:39PM
Nothing save for cosmetic tweaking of border enforcement (or lack thereof) will be done; the GOP wants latino votes, too.
You appear to think a CONSERVING party still exists. But dream on.
coal carrier| 11.30.10 @ 8:18AM
What do the politicians see in the DREAM Act? More votes.
MikeD| 11.30.10 @ 8:25AM
Now we know why the unions and illegal ALIENS worked so hard to steal the election for the second most egregious criminal in our federal government. (In case you wonder, obama is number one and pelosi is number 3, although in the hearts and minds of Americans it's a three way tie.)
Harry reid is a thug and a criminal who should be in jail, not in the Semate. I am tired of sleeping fitfully every night worrying about what those criminals in Congress are doing to us this time. You three thugs better be afraid; very afraid. Americans will put up with only so much, and you and your arrogance are pushing lots of well armed people closer to a line you never want to see crossed. Who could you trust to protect your filthy hides?
WRTolkas| 11.30.10 @ 8:34AM
Dream Act - more of a Nightmare Act for parents trying to get and maintain their LEGAL CITIZEN children in college or university. I have written to my senators stating my strong opposition to this bill. Writing to Levin and stabenow of Michigan - I might as well explain the second law of thermodynamics to a cat for all the good it does.
The democratic mantra: There are no illegal aliens only unregistered democrats.
Charlie Rangel is getting a pass, illegal aliens are going to get a pass, the Black Panthers of Philadelphia are getting a pass. I wonder what would have happened to Ted Bundy if he was a democratic member of congress? Scary thought to see pelosi and reid standing behind the podium next to ol' Ted to defend him because they need his vote.
We have more house cleaning to do come 2012.
Regards,
WRTolkas
TEXAN | 11.30.10 @ 8:53AM
No to any amnesty deals. Dream act? B/S act, more like it. Why is America so ignorant these days? Do we not have any brains, guts,courage, to stand-up to criminals these days. Why does every sob story allow unlawful activity? Poor judgement, that's what. Anyone wanting this dream act is making a poor decision, lets stop it NOW, before it makes our country worse, than it already is. We can not afford to take in every sucker from every country with a sad story. ENOUGH ALLREADY!
illegal is illegal- end of story..........................
justasimplepatriot| 11.30.10 @ 9:42AM
I am sorry, I was in the military so I am not very smart. I get confused easily.
If we (AGAIN) grant amnesty to those who are in the country illegally, how does this discourage future illegal immigration?
Louis Jenkins| 11.30.10 @ 9:46AM
Dream Act? More like Ted Kennedy's wet dream. A bill that so full of loop holes and paper work that it will never see the light of day. Go to college? If they're that poor they can't unless Uncle Sam foots the bill. Join the military? That will be the day. Pretty soon the DI will have to have an interpreter. More of a liability than a plus sign. Give them a green card, and send them home after the harvest is the best I can bear. Otherwise, go home illegals.
Dennis O'Donovan | 11.30.10 @ 10:11AM
I would like to focus on one provision of the Dream Act's conditions for legalization and its consequences. One option available to the candidate is that he complete two years at a four year institution of higher learning. It is estimated that 60,000 undocumented immigrants will qualify for this each year. Assuming many choose to enroll in state universities, there is a problem. The number of seats is finite. The best state universities in the nation, if not all, turn away American citizen applicants each year due to the fact the have accepted all the applicants for whom they have room. For each undocumented immigrant that is accepted, this means that an American citizen must be denied admission. Is this justice?
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Sam| 12.1.10 @ 3:47PM
Unbelievable that you call yourself a conservative Mr. O'Donovan. First of all, these illegals cannot choose to enroll in college. They have to APPLY and GET IN like everyone else. If they get in, they are only taking spots from people based on MERIT. If American citizens can't win based on merit, then too bad. It's not like they have advantages we don't.
Stop whining and acting like Americans are entitled to an education at a state school. Like everything else, you EARN the right to go to a university. Whining about what you can't earn is what liberals do. Conservatives are better than that.
Mark in LA| 12.2.10 @ 4:48PM
Sam, they will be affirmative actions admits and NOT to the same standards as everybody else.
Gary| 12.4.10 @ 9:29AM
Sam, I can`t believe you just said that, (these illegals have to apply and get in like everyone else). HELLO, If they are illegal they don`t have the right to APPLY, to our schools, jobs, or any of the things our country offers. They are ILLEGALS =CRIMINALS. Go back across the border and enter the LEGAL way.
loulou| 11.30.10 @ 10:52AM
"Hardly anyone wants to deport young people who have only known the United States as their home..."
I have no problem with it.
Deport the parents and the illegal "young person"--the anchor baby part of the family can stay or go with its family. Preferably go.
These exemplary illegals should go and enrich their home countries with their education that they obtained ILLEGALLY in the US. Mexico needs them
Occam's Tool| 11.30.10 @ 1:26PM
I went to medical school in Texas as an out of state student (my home was in Illinois). My tuition went from $1400 my Freshman year to $14,400 my senior year due to a bill passed the summer after my freshman year, with no grandfathering. It is impossible to transfer medical schools for financial reasons, and not many drop out. I paid off all of my medical school loans, totalling $80,000 plus, within 18 months of leaving residency by working 100 plus hours/week as a specialist in a specialty low rural area and living simply.
Both of my kids are from Guatemala. I spent 12 months adopting 1, and 9 months on the other. I paid tens of thousands of dollars in fees to get them adopted legally, and went through humiliating checks.
My view on the DREAM act? Nightmare. Unfortunately, my worthless Senators are Klobuchar and Franken.
justasimplepatriot| 11.30.10 @ 4:01PM
It is bad enough to have NO voice in the Senate. It is pure agony to be represented by Klobuchar and Franken - The Lunatic Fringe.
PattyMor| 11.30.10 @ 2:04PM
Apparently the DemoCrats can get enough felons and welfare queens on the voter rolls, so they have to import them via the DREAM Act. This is nothing but a bill to ensure more DemoCrat voters. And the citizens will pay dearly for all the welfare, food stamps & housing for all these low wage people. We are already bankrupt and simply can't afford it.
Sam| 12.1.10 @ 3:52PM
Not true, Patty. If illegals have to earn their way to status (by passing college or making it through military service), they will appreciate the value of hard work and earned benefits. People that see how their hard work got them success will be proud of themselves and look down on those seeking handouts.
If the DREAM Act is passed and works as it's supposed to, we may get some illegals who become citizens and vote Republican. They will appreciate the value of hard work and wonder why others (Democrats and entitled voters) want to cheat the system.
Mark in LA| 12.2.10 @ 4:55PM
Sam, do you bother to read what you post before hitting enter. If you did you might realize how stupid you sound.
There is no requirement that they FINISH college or that they take something useful. Do we really need any more Chicano studies majors so we can all learn about Aztlan?
Yes Sam there MIGHT be one or two that vote Republican versus the millions who will vote Democrat such as their parents and brothers sponsored by the one family member out of 10 that qualifies under this bill. Why do you think the Democrats want this and the Republicans generally do not?
Gary| 12.4.10 @ 9:46AM
Sam, you seem to be very comfortable using the word ILLEGAL. So what your really trying to say is we should open the borders and do away with all immigration laws, forget how they got here, for it is only important what they do after they get here.
jeremiah| 11.30.10 @ 3:31PM
The Dream Act is a very good bill. There is bipartisan support and should be passed. Well meaning Republicans can include a Seal the Border Enforcement Act into this bill. Why not impose a fine say $3,000 payable in 3 years in exchange for a green card. The money could go to more border guards.
roburt| 11.30.10 @ 9:45PM
First, providing in-state tuition rates to illegal aliens amounts to giving them a taxpayer-financed education. In contrast, out-of-state students pay the full cost of their education. This gift to illegal aliens costs taxpayers a great deal of money at a time when tuition rates are rising across the country. For example, in California, a lawsuit on the matter has revealed the staggering cost to the taxpayer: The state pays more than $100 million annually to subsidize the college education of thousands of illegal aliens.
Second, these states are encouraging aliens to violate federal immigration law. Indeed, in some of the states, breaking federal law is an express prerequisite to receive the benefit of in-state tuition rates. Those states expressly deny in-state tuition to legal aliens who have valid student visas. And in all 10 states, an alien is eligible for in-state tuition rates only if he remains in the state in violation of federal law and evades federal law enforcement. In this way states are directly rewarding this illegal behavior.
This situation is comparable to a state passing a law that rewards residents with state tax credits for cheating on their federal income taxes. These states are providing direct financial subsidies to those who violate federal law.
Third, not only are such laws unfair to aliens who follow the law, but they are slaps in the faces of law-abiding American citizens. For example, a student from Missouri who attends Kansas University and has always played by the rules and obeyed the law is charged three times the tuition charged to an alien whose very presence in the country is a violation of federal criminal law.
This gift to illegal aliens comes at a time when millions of U.S. citizens have had to mortgage their future to attend college. During 2002–2007, college costs rose 35 percent after adjusting for inflation. Two-thirds of college students now graduate with debt, and the amount of debt averages $19,200. In a world of scarce education resources, U.S. citizens should be first in line to receive a break on college costs—not aliens who break federal law.
William| 11.30.10 @ 3:33PM
They talk that this program is not the same as the 1986 reform, B.S.!
Old saying I remember is you can paint as many new layers of coat of paint on the old house but bottom line it is still an old house.
You are just giving it a new name and different way of giving it to the "Illegal Aliens!"
Flee| 11.30.10 @ 4:08PM
I guess they are okay being called Aliens when it is part of the DREAM Act. The DREUndocumentedworkerAct just doesn't roll off the tongue the same now does it. Does illegal entry into the country count as one of the crimes they are allowed to commit? Maybe make them serve in the military for as long as they have been in the country; force them into infantry service; limit relatives access to the country; withhold some of their military pay to offset all publicly funded activities they have benefited from to date; maybe then I could see a way to letting teenage aliens to remain. Any others can take their sob stories and head on home. I don't care if they are from Mexico, China or Korea. Take a hike.
Delaware Bob| 11.30.10 @ 7:11PM
Here's an idea. Instead of pass the dREAM aCT, how about these students go back to their own Country and take their parents with them. I say pass stricter ENFORCEMENT! We don't need or want illegal aliens!
Brittanicus| 11.30.10 @ 7:25PM
Why are the officers in attendance at the military recruiting centers, not aware that non-citizens can still join any arm of the services? Or could it be most students have no intentions of becoming part of the army, marines, navy or air forces, using this issue to avoid any deportation?
Another provision that misleads the public, is the fact that an illegal alien can join the military in this time of conflict and collect as a guarantee a path to citizenship. Under 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? NumbersUSA
led display | 12.1.10 @ 3:44AM
I wish world peace!
Bill Hussein O'Stalin| 12.1.10 @ 5:10AM
It's a dream to violate laws at will, then receive a long term award for having violated laws. It's a message to the world that the American public can be led by like sheep with the right phrases and soft music playing in the background.
If they pass a law like this, why not amnesty for all tax scofflaws who have children, as well as all bank robbers and car thieves? It's not the offspring's fault that the parents would have to go to jail or prison and impact their lifestyles.
It's obvious that Washington still thinks the public are fools and that they can simply use euphemisms to fleece the public. One thing the bill doesn't address is the cost, which would be in the hundreds of billions.
After the last election, neither party appears to have gotten the message yet. 2012 should be another huge Tea Party movement most likely dislodging the idiotic Republican leadership in the U.S. Senate as well as the remaining big spending Democrats.
Maya Ying| 12.1.10 @ 9:35AM
If you like to pay more and more taxes, perhaps you will be in favor of the Dream Act. The economic consequences of illegal immigration are high. Federation for American Immigration Reform published a report of the cost of illegal immigration - about $113 billion annually. Broken down, the direct cost to the federal government is about $29 billion while the states pick up the other $84 billion. Broken down further each household of citizens who pay taxes foots a bill of approximately $1,117. The largest expense is educating their children -some $52 billion. Of course, the states with the highest number of illegals pay the most to feed, educate, house, doctor, and jail them. The 11 states that give illegals in-state tuition benefits for college spend $244 million annually on that alone.
When our children were in college, one wanted to attend college in another country. Because of the cost that did not happen. Did we expect the other country to subsidize his education? No, of course not. It was not the duty of taxpayers in that country to provide any benefits for our son.
If you think this issue does not affect you or your family, think again. Taxes, wages and medical costs are all affected. Do you wonder why Cesar Chavez, hero of the United Farm Workers, opposed illegal immigration? He even sent people to the border to stop illegals from entering the country. He accused the Immigration and Naturalization Service of turning a blind eye to the illegal alien strikebreakers. Chavez knew that illegal aliens impacted wages and drove them down. The GAO found that "illegal aliens depress wages for some in the US." Those affected are typically earning lower wages and least able to afford even less money.
With many state budgets in deficit, lawmakers have an obligation to look for ways to reduce the burden of illegal immigration. Whether you call it illegal immigration or "undocumented persons" the bottom line is the same - it is illegal. You might want to ask your representatives why certain laws are not enforced. Will we ever learn that there is no such thing as a free lunch? Someone has to pay - and again the taxpayers will be footing the bill if the Dream Act passes.
June| 12.3.10 @ 12:19PM
I wonder if our representatives who are actually representing illegal aliens have thought what the invasion is doing to this country? If they have, then we can only assume that they don't much care. And they don't even care about the invaders. As long as they can curry votes and give their buddies cheap labor, what more can they want. The Dream Act is going to cost us 6.1 billion. Aren't we all estatic about handing more of our hard-earned money over to those who laughed at our laws. The ringleaders in DC...Reid, Pelosi, Gutierrez are traitors. Gutierrez has stated his only loyalty is to the immigrant community. He means the criminals who broke into our country and the many kids they drug along. Now, the children are whining that it wasn't their fault that they were brought here. Sorry, amigos, this time you pay for the sins of your parents. I have many grandchildren I'd like to see have a seat in college, and you're NOT going to fill them. If you want to whine and blame someone, look to your parents!
Jones Ridge| 12.3.10 @ 4:53PM
You can put lipstick on a Pig, but it's still a pig.
We could save a lot of money with two things:
1. Do away with the Border Patrol, Gates, Crossings, Rules and just say "Com'on Down".
2. Make Marijuana legal, state sold and Taxed. That takes away the reason for most of the crossings. No more smuggling, much less crime. more income for the states and Feds.
Send the hand wringers down to Arizona and have them drive across the Highways that have Federal signs warning citizens not to use them due to crime and illegals. Arizona desert, 80 miles from the border and, according to the ad, 30 miles from Phoenix.
Read more: http://www.foxnews.com/politic.....z175W0P9la
We need to do one or the other @ the Border, Open wide, or slam it shut and round them up.
I have never understood how the admission offices couldn't refuse to even talk to student without a birth certificate, much less admit them. And that includes Pre-school and up.
As to getting citizenship via the Military, my son left the Navy after 17 years because he heard more Spanish than English on the shop, which is very against the rules, but no one would dare to do anything about it. He was a career enlisted man who went into the Reserve, served 1 1/2 years active duty during 9/11 and has now retired as a Chief Petty Officer. Point being, he was run out of the Navy to accommodate non-citizens, by Brass with an agenda.
Vickie| 12.4.10 @ 6:06PM
To further demoralize the citizens of this country with constant demands to increase benefits to illegal invaders costing us $113 Billion annually now. That is unacceptable. Absolutely.
jgo| 12.5.10 @ 1:14PM
There's nothing "stringent" in the NIGHTMARE act. We haven't seen any serious attempt to control entry in the last 50 years. The US government still doesn't track visa grantees closely enough to know whether they leave by the time their visas expire, they don't run proper background investigations on visa applicants.
It all boils down to incentives. So, what incentives do the bozos in DC have related to this cluster of issues that are so contrary to the incentives the average US citizen faces?
Pablo the explorer| 12.6.10 @ 11:21AM
CONGRESSIONAL BUDGET OFFICE estimates: DREAM ACT would cut our Nation's deficit by $1.4 billion over the next 10 years.
Read the facts: http://www.cbo.gov/ftpdocs/119...../s3992.pdf
mamtazur | 12.7.10 @ 5:50PM
we need one more leader, like RONALD REAGAN. who can feel us.
Christian Louboutin | 6.23.11 @ 5:41AM
What's the difference between "amnesty" and "comprehensive immigration reform"? In theory, the answer is simple: Under the latter, an illegal immigrant must satisfy strict requirements to qualify for the former.