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Degrees of Freedom
Defeat of DREAM Act Takes Hopes of Many
Sunday, November 18, 2007

Many have expressed disappointment over the defeat of the Dream (Development, Relief and Education for Alien Minors) Act on October 25 by a vote of 52 to 44 -- 6 votes short to proceed to debate on the Senate floor. This bill would have allowed minors without legal immigrant status a chance at legal residency if they serve in the military for two years or graduate from school. There were many reasonable requirements in the bill: proof the applicant arrived in the United States prior to the age of 16, residency for at least 5 years, age between 12 and 30 at the time the bill is enacted, graduation from high school (or received a GED), and have no criminal record. Just how many DREAMS were extinquished by this vote? Estimates range from a low of 60,000 to "millions" by anti-immigration sites such as the Center for Immigration Studies.

Conservative Republicans opposed this measure for the same reason they voted against comprehensive immigration reform in June - they consider it a "backdoor amnesty". They point out that if an illegal alien can produce papers (potentially fraudulent ones) showing a secondary school diploma or a GED, they would immediately receive a conditional green card. This, some Republicans maintain, gives illegals a faster path to citizenship than lawfully present aliens. They also point out that by making applicants eligible for in-state tuition, this would effectively discriminate against U.S. citizens.

These concerns are further magnified by conservative anti-immigrant TV commentators such as Michelle Malkin, Sean Hannity, and Lou Dobbs who fan the voices of bigotry, ignorance, and hate in exchange for higher ratings. Their arguments typically degenerate into simplistic sterotypes that wrongly claim that illegal aliens take away jobs from Americans, are terrorists, or are criminals. Our democratic process depends on a more informed public.

Unfortunately the voices of LEGAL immigration, which we are one, have not done an effective job at communicating the basic facts: Students with access to higher education would enjoy higher earnings, use fewer federal benefits, and increase the tax base -- thus benefiting all. The fraud issues could be effectively policed just as they are today with systems already in place for high school and college graduates. And by dropping or modifying the in-state tuition benefit, the discrimination argument could be rendered moot. Although fairness is not always a consideration in our nations laws, is it fair to punish innocent children brought in to this country by the unlawful acts of their parents? Is it fair for the children of illegals who serve in the military to protect our freedoms, only to be denied a path to citizenship?

This vote shows just how difficult immigration reform may be in the coming months. It is likely that for similar legislation to pass in a future vote, it must be accompanied by a corresponding enforcement provision against illegal immigration. If so, what would that measure be?

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posted by J. Stephen Wilson

 

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