America was once, if not still is, known as the land of opportunity. "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!" This quote lines the Statue of Liberty, a beacon of not only light, but hope for many millions who set upon America over the years. However the Statue of Liberty has recently changed position from a shining light, to a finger towards the door. Get Out! This is the rally cry for many Americans who feel that Illegal Immigration is taking the rights and riches that belong to them as a national citizen.
The number of illegal immigrants in America ranges from 7 million, to 25 million (depending on which data you wish to trust). Most commonly the estimate from the Center of Immigration Studies of almost 12 million is cited as accurate. Many people do not question the immigration status from individuals of countries outside of North America, but only seem to focus on those from Mexico. Based on similar research from the Center of Immigration Studies, 56% of the estimated 12 million illegal immigrants are from Mexico, with an additional 22% from Latin American countries.
Every election cycle there is a strong stance against illegal immigration. Despite this strong battle cry, rarely does a substantial legislative act get brought up in congress to fix a broken system. Suggestions range from tracking all illegal immigrants and deporting them, to tracking all illegal immigrants and giving them citizenship. Between these far ends of the spectrum lie several other, more realistic suggestions.
Some of the suggestions put forth entail methods which ignore the people who are already illegal immigrants in the country, but look to prevent those who are illegal from taking advantage of the American system. The 14th Amendment gives those who are born in the United States natural citizenship, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Several lawmakers have come forth with suggestions to repeal the 14th Amendment.
Other suggestions focus on those already in the country, most notably the current legislative proposal the Development, Relief and Education for Alien Minors Act, known as the DREAM Act. The DREAM Act has gone through many changes since its original introduction in 2001 and most recently failed to bring cloture to a filibuster in the Senate with a vote of only 56 yea (60 is required to end a filibuster by enacting cloture). The most current form of the DREAM Act lays out a pathway for permanent residency for qualified individuals.
The requirements of the individual are as follows:
• Must be between the ages of 12 and 35 at the time the Law is enacted
• Must have arrived in the United States before the age of 16
• Must have resided continuously in the United States for at least five consecutive years since the date of their arrival
• Must have graduated from a U.S. High School, or obtained a General Education Diploma GED
• Must have "Good moral character" (though “moral character” has not been defined)
To gain the pathway to citizenship, an individual must,
• Complete two years in the military, if discharged it must be an honorable discharge.
(OR)
• Complete two years at a four year institution of higher learning. After the two years of higher learning, the individual would be granted temporary status for up to six years. Within the six year period, the student must have obtained a higher education degree or must be at least two years into a bachelor's degree program.
This most current form of the DREAM Act is a bi-partisan bill which was re-introduced in congress in March 2009 by Republican Richard Lugar and Democrat Richard Durbin. Despite Bi-Partisan backing of the bill, the DREAM Act was attached to the National Defense Authorization Act along with the Repeal of the Don’t Ask Don’t Tell policy; it failed to get through the filibuster. During the filibuster, all Republicans refused to vote to bring cloture to the filibuster citing that the DREAM Act and the Don’t Ask Don’t Tell policy were unrelated to the National Defense Authorization Act. Following the removal from the Senate schedule, Durbin and Lugar once again introduced this bill to the Senate floor on September 22nd, only one day after it was removed from the official schedule.
On the 16th of November, President Obama urged Congressional members to work together and pass this bill during the lame-duck session of Congress. The lame-duck session of Congress runs until the newly elected members of Congress replace the existing, voted out members of Congress at the mark of the New Year. This short period of time is the final point in which legislation can be passed before the turnover.
Harry Reid, Senate Majority Leader, championed the DREAM Act, while on the campaign trail to minority groups across the State of Nevada. Reid, like many other re-elected, or newly elected Congressmen touted immigration reform while campaigning and now must act on their promises as to not face backlash in future election.
The DREAM Act has gained strong support from the United States military, which would heavily benefit from this enactment. Defense Secretary Robert Gates supports the passage of the DREAM Act stating, "There is a rich precedent supporting the service of non-citizens in the U.S. military. Since the Revolutionary War, non-citizens have enlisted in the armed forces for service during periods of national emergency. Today, about 35,000 non-citizens serve, and about 8,000 permanent resident aliens enlist every year. The DREAM Act represents an opportunity to expand this pool, to the advantage of military recruitment and readiness." In a time in which enlistment is down and the military is looking for willing soldiers the DREAM Act is just that for the military, a dream come true.
The likelihood of substantial legislation passing in a lame-duck Congress is unlikely usually, however with increased support from the military, President Obama and public opinion (66% of people questioned), the chance of this dream becoming a reality is strong. Congress however must go at this bill in the correct way. If they try and pair it with a much larger Defense Act, or even try and pair it with the repeal of Don’t Ask Don’t Tell, opposition will increase. Many representatives favor the DREAM Act but not if it is linked to other legislation. Pairing bill together for quick and easy passage is common, but with as polarizing as the Don’t Ask Don’t Tell repeal is, the likelihood of repeal in the lame-duck congress is unlikely. Therefore attaching the DREAM Act to the repeal would be tying an anchor to a sinking ship.
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