Alien Minors Act, Research Paper Example

Dream: Development, Relief and Education for Alien Minors Act

America is a country populated by immigrants, making it a melting pot of cultures and races from all over the world. For centuries, people have left their homeland to come to America, following the American Dream, hoping for a new life for themselves and their families, one in which they can hope to gain the prosperity and wealth that they were not able to find in their homeland. Carved on the Statue of Liberty, that iconic statue that stands near Staten Island, one of the largest historic ports of entry for immigrants to America, are the words “Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!”  These words embody the philosophy of America, which has always been a refuge for those who want to seek a better life in the land of plenty. Historically, most of the immigrants to America came from Europe and Asia. Today, the vast majority of immigrants come from Mexico and other Latin American countries. According to a report from Homeland Security (2009), approximately 63% of illegal immigrants living in the United States are from Mexico.  These immigrants come to America to escape the poverty of their homeland and work to secure a better life for themselves and for their families. In January of 2009, it was estimated by the Department of Homeland Security that there were approximately 10.8 million immigrants living in the U.S. illegally (Hoefer, Rytina, and Baker, 1). These people are at a great disadvantage, since, as non-citizens, they are are not entitled to many of the social services that citizens receive, including access to low cost higher education. Immigrants, however, are an important part of the national economy since they provide a large workforce and also are an important part of the military. For some time, there has been controversy regarding the children of immigrants. Children who enter into the U.S. illegally with their parents grow up as American citizens, attending primary and secondary schools with American citizens. However, these educational benefits do not extend to institutes of higher learning, and even at state colleges they are  required to pay out-of-state tuition. This is something that is usually not financially feasible for many poor immigrants. In order to make the American dream a reality for these children, many of whom have lived in the United States most of their lives, the DREAM Act was introduced. However, this bill is not without controversy and for the decade that it has been around, it has elicited strong feelings from both supporters and opponents, both of whom have strong reasons for why they feel the bill should, or should not, be passed.

The Dream Act was first introduced almost a decade ago on August 1, 2001 by Sen. Orrin Hatch of Utah. After being voted down in 2007, it was re-introduced on March 26, 2009 by Senator Richard Durbin of Illinois, who is chief sponsor of the bill. This bill would allow children who entered the U.S. when they were under 16 the opportunity to become legal residents (Goodwin). According to the DreamAct.info website, there are specific requirements that candidates would have to meet in order to qualify for citizenship under the Dream Act:

• Must have entered the United States before the age of 16 (i.e. 15 and younger)
• Must have been present in the United States for at least five (5) consecutive years prior to enactment of the bill
• Must have graduated from a United States high school, or have obtained a GED, or have been accepted into an institution of higher education (i.e. college/university)
• Must be between the ages of 12 and 35 at the time of application
• Must have good moral character

Were the Dream Act to be passed, and if applicants meet all of these requirements and can prove it, then they could be eligible for full-fledged citizenship under the Dream Act. Proponents of the bill claim that the bill will benefit America by producing better educated citizens and encourage immigrants to become productive citizens, since it rewards those who seek education and live a crime free life. However, opponents claim that it simply rewards those who enter the country illegally, while penalizing those legal aliens who follow the proper procedure and are denied the same benefits that will, if passed, be given to illegal aliens under the Dream Act.

The Dream Act has been up before the legislature several times, and was most recently voted down in 2007 due to intense controversy and opposition. Opponents claim that it is “a massive amnesty that extends to the millions of illegal aliens who entered the United States before the age of 16. The illegal alien who applies for this amnesty is immediately rewarded with conditional lawful permanent resident (green card) status, which can be converted to a  non-conditional green card in short order (Kobach).” While illegal aliens will still have to fulfill certain obligations in order to be awarded full-fledged citizenship, once they are granted a green card under the Dream Act they cannot be deported. Another part of the controversy is that once an illegal alien is given resident status under the Dream Act, they can then apply for green cards for their siblings and parents, opening the door for, claim opponents, potentially millions of other illegal aliens to be granted residency status as well.

Another aspect of the controversy concerns the in-state tuition benefit that would be granted to illegal alien students under the act. While advocates claim this benefit would encourage more students to seek a higher education, in addition to giving them access to better paying jobs and more life opportunities, opponents claim that it will put more burdens on taxpayers. In addition, it is currently prohibited to give aliens access to in-state tuition rates at state colleges when the same benefits are not given to legal U.S. citizens. This is clearly laid out in the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). The IIRIRA states “Notwithstanding any other provision or law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any post-secondary education benefit unless a citizen or national of the United States is eligible for such benefit (in no less an amount, duration and scope) without regard to whether the citizen or national is such a resident (Kobach).” However, despite this clause in the IIRIRA, there are 10 states that already currently allow illegal aliens to attend state colleges for in-state tuition rates. These  10 states are California, Illinois, Kansas, Nebraska, New Mexico, New York, Oklahoma, Texas, Utah and Washington. According to Kobach, in California alone offering in-state tuition to illegal aliens costs the state more than $100 million annually to subsidize their education.

United States citizens currently must pay out of state tuition if they choose to attend a university or college in a state of which they are not a legal resident. If the Dream Act were to pass, illegal aliens, who are not officially residents of any state, would be allowed to attend while paying the tuition that legal residents would pay, and opponents to the act say that this is just not fair. Opponents also claim that by offering financial benefits to illegal aliens, it is rewarding them for illegal behavior, in effect encouraging criminal acts.  Advocates of the Dream Act stand by the fact that the legislation is part of a “concept that is central to the American story, of immigrants integrating, assimilating and rising up in society to become part of the American fabric (Lal).” Immigrant advocacy groups point out that the kids that the Act would benefit are, for all intensive purposes, Americans. They have grown up in America, gone to school in America, and should be allowed the same benefits as the other children they have grown up with. Giving them access to affordable higher education, they claim, is only fair, especially since these students have lived in the state long enough to be residents, if this were possible under the  law.

While opponents claim that if the Dream Act were to pass it would offer instant amnesty to millions of illegal aliens, the truth is a bit more complex.  In order to qualify for the program, those that think they qualify will have to complete the following steps, according to the DreamAct.org website. If they miss a step or are not a qualified applicant, they will be disqualified.

• Apply for the Dream Act (Since the legislation has not yet passed, there are no specific guidelines on how to apply)
• Once approved and granted Conditional Permanent Residency, the individual would have to do one of the following:

1. Enroll in an institution of higher education in order to pursue a bachelor’s degree or higher degree or
2. Enlist in one of the branches of the United States Military

• Within 6 years of approval for conditional permanent residency, the individual must have completed at least two (2) years of one of the options outlined in the previous step
• Once 5 ½ years of the 6 years have passed, the individual will then be able to apply for Legal Permanent Residency (dropping the conditional part) and consequently will be able to apply for United States Citizenship
• Those who have already completed at least 2 years of college education towards a bachelor’s degree or higher degree, will still have to wait the 5 ½ years in order to apply for Legal Permanent Residency even though you may have already obtained a degree.

The second step of the above process, concerning the military, poses another controversy with the bill. While the bill is targeted to give benefits to those illegal aliens who wish to obtain a higher education, the bill also allows applicants to skip this step by instead serving 2 years in the armed forces. For this reason the military has endorsed the Dream Act and has been very vocal in its support. This is because the military currently regularly recruits illegal alien immigrants and in fact depends heavily on the immigrant population in order to meet its recruiting goals. According to the Margaret D. Stock of the Immigration Policy Center, “Over the past eight years, Congress has amended military related enlistment and naturalization rules to allow expanded benefits for immigrants and their families and encourage recruitment of immigrants into the U.S. Armed Forces. The U.S. military has also implemented new programs to encourage the enlistment and rapid naturalization of non-citizens who serve honorably during the current conflict. Without the contributions of immigrants, the military could not meet its recruiting goals and could not fill its need for foreign-language translators, interpreters, and cultural experts (American Voice Online).” The Dream Act rewards those immigrants who enlist in the military and serve America by putting their lives on the line for its defense. In addition, it also encourages illegal aliens to enlist, knowing that after their tour of duty they will be eligible not only for residency and citizen ship, but will be able to enroll in college and better their standing in society. David Chu, a member of the Defense for Personnel and Readiness under the Bush Administration, is quoted as staying, “If their parents are undocumented or in immigration limbo, most of these young people have no mechanism to obtain legal residency even if they have lived most of their lives here. Yet many of these young people may wish to join the military, and have the attributes needed ? education, aptitude, fitness, and moral qualifications (Americas Voice Online).”

Opponents claim that the Dream Act, then, is instead a recruiting tool by the military. The current bill, as it is currently worded in 2010, would allow “undocumented immigrants who had attended two years of college or served in the military for two years to gain legal status if they had a clean permanent record and were under the age of 35 (Foley).” While this age may sound high, advocates claim it is to allow those who were of age in 2001 to take advantage of the bills benefits. Looking at the statistics presented by the Department of Homeland Security, 69% of the illegal aliens residing in the United States are under the age of 35 (Hoefer, Rytina and Baker, 5). However, according to the nonpartisan Migration Policy Institute, only “about 2.1 million people would qualify for the program, but that only 825,000 would actually gain citizen ship at the end of the six-year period. Not all those who qualified would be able to afford college for vocational school for the required two years (Goodwin)”, although that is why the military option is available, so those that cannot afford school will still have a viable alternative and still be able to reap the benefits of the program. Were the bill to pass, a Section 6, “Retroactive Benefits Under this Act”, would also allow those aliens who had already fulfilled the requirements of the Act, including 2 years of military service or attendance in a university, to be given resident status automatically.

According to Kris Kobach, a Professor of Law at the University of Missouri-Kansas City, the Dream Act Section 4(f) of the Dream Act allows illegal aliens to evade the law, even if they technically have no chance of being approved for it. According to Section 4(f), “the federal government is prohibited from either using information from the application to deport the alien or sharing that information with another federal agency, under the threat of a $10,000 fine (Kobach).” This clause, according to Kobach, rewards illegal aliens while penalizing legal aliens. Legal aliens are not eligible for federal student loans or federal work study programs. However, under the DREAM Act, the illegal aliens would be eligible for these benefits (Kobach).

Senator Harry Reid, the Senate Majority Leader and a Democrat from Nevada, is one of the main pusher behind the revival of the Dream Act in 2009/2010. Reid, coincidentally, was also in the middle of a tight senate race himself when he was pushing the bill full force, having resurrected it after its failure in 2007. Opponents claimed that Reid was simply trying to get the Hispanic vote for his upcoming election, since one fourth of the population in Nevada is Hispanic and is in favor of the bill (Reth, 2010). Other advocates include retired General Colin Powell, who was quoted as saying “‘Our minorities are not getting educated well enough now. Fifty percent of our minority kids are not finishing high school. We’ve got to invest in education. We should use the Dream Act as one way to do it (America’s Voice Online).”

As of November 2010, the state of the bill is in limbo. The recent elections have given the Republicans house majority, which could be a blow to the already fragile majority the bill supporters hold. The lame-duck Congress session opened mid-November and has 60 days in which to pass bills before the seats are taken over by their new electees. Both sides are calling for the bill to be brought up for a vote before the end of the year. In a recent speech, President Obama claimed that he was optimistic that the DREAM Act would get passed in the next legislative session (Lal). However, the recent election changed the majority power in the house from Democrat to Republican, so immigrant rights advocates are not so sure that it will pass (Lal). If the bill does not get passed during this upcoming legislative session, “it will almost certainly be delayed until at least 2013, when Democrats could again take control of Congress. Immigrant rights groups are stepping up their efforts by staging protests and lobbying politicians to vote for the bill (Foley).”

Despite the fears that easing immigration regulations by ushering in immigration reform such as the DREAM Act would cause a massive influx of illegal immigrants looking to take advantage, illegal immigration has actually been on a steady decline since 2007, according to surveys done by the Department of Homeland Security (Hoefer, Rytina, and Baker, 2).”  In 2007, there were estimated to be 11.8 million illegal immigrants living in the U.S. That number decreased to 11.6 million in 2008 and went down even further to 10.8 million in 2009.  Whether or not a change in immigration policy will reverse the trend remains to be seen.

The Dream Act lives up to its name as being a dream come true for illegal aliens who have grown up in America but have no way of obtaining legal citizenship. It offers these immigrants a hope for a better life and the chance to gain full-fledged citizenship in exchange for either a few years of college or service in the military. There are some obvious flaws in the bill as well, as opponents are more than happy to point out. The truth is that the politics behind this bill are not black or white, but many shades of gray. The military is sure to benefit from the passing of the Dream Act, as are millions of illegal aliens. Negative effects of the bill, as laid out by opponents, would have to wait to be seen. The claim that allowing illegal aliens to go attend university while paying in-state tuition will destroy the university program is highly doubtful.  Tuition costs are already climbing at universities across the U.S., as any college student can attest to, and the Act has not even passed.  The truth of the matter is that all American’s are immigrants, except for the ones who were here first, the Native Americans. Denying modern immigrants the same rights and privileges as those immigrants who got to America first seems to go in the face of the values that the Unites States was founded on, the ones that are carved for all to see on the Statue of Liberty. However, opponents will claim that times have changed, and so must policy. The issue surrounding the Dream Act is one that is complex and will take time to play out fully. It is obvious that immigration reform is necessary. It is also obvious that the immigrants are not going away. The Dream Act represents a change in immigration paradigm that is sure to occur, if not this year, then at some point in the future.

 References

“Basic Information about the Dream Act Legislation”  Dream Act Portal. 16 July 2010. 15 November 2010 http://dreamact.info/students

“Fact Sheet: Immigrants and the Military” Americas Voice Online 20 September 2010. November 2010 http://americasvoiceonline.org/research/entry/fact_sheet_immigrants_and_the_military

Foley, Elise “High Stakes for the Dream Act in the Lame Duck” Washington Independent 15 November 2010. 15 November 2010. http://washingtonindependent.com/103485/high-stakes-for-the-dream-act-in-the-lame-duck

Goodwin, Liz “What is the Dream Act?” Yahoo News 21 September 2010. 15 November 2010  http://news.yahoo.com/s/yblog_upshot/20100921/pl_yblog_upshot/what-is-the-dream-act

Hoefer, Michael, Rytina, Nancy, Baker, Bryan C. “Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2009” Department of Homeland Security January 2010 15 November 2010.  http://www.dhs.gov/xlibrary/assets/statistics/publications/ois_ill_pe_2009.pdf

Kobach, Kris “A Sleeper Amnesty: Time to Wake Up from the Dream Act” The Heritage Foundation 13 September 2007. 15 November 2010. http://www.heritage.org/Research/Reports/2007/09/A-Sleeper-Amnesty-Time-to-Wake-Up-from-the-DREAM-Act

Lal, Prerna “Obama Puts dream Act Off for Next Legislative Session” Immigrant Rights 15 October 2010. 15 November 2010. http://immigration.change.org/blog/view/obama_puts_dream_act_off_for_next_legislative_session

Reth, Jerry “dream act – dream act 2010 Status Spreadit 21 September 2010. 15 November 2010 http://news.spreadit.org/dream-act-dream-act-2010-status/