John Hudson at The Atlantic with a round-up. Hudson:
In conservative blogging circles, the Democrat’s proposed DREAM Act is causing quite a stir.
Heather MacDonald at The Corner:
An illegal alien who brings his or her child into the country illegally undoubtedly assumes that that child will attend American schools at taxpayer expense. The parent may also hope that the child will graduate from high school and go on to college. The DREAM Act, newly reintroduced by Sen. Harry Reid to the lame-duck session, puts the official imprimatur on those unofficial intentions, declaring that the U.S. expects and even welcomes such behavior.
Under the DREAM Act, any illegal alien under the age of 35 who entered the country before the age of 16 can apply for legal status if he obtains a GED or graduates from high school and begins post-secondary education. Gang members and those with DUI convictions are not barred from DREAM Act eligibility. The act signals to prospective illegal aliens the world over that if they can just get their child across the border illegally, they have put him on the path towards U.S. citizenship — and, as significant, the child will then be able to apply for legal status for his parents and siblings. And every such student will be granted in-state tuition rates by federal fiat, even if the state in which he resides bans in-state tuition for illegal immigrants.
DREAM Act beneficiaries are certainly the most sympathetic category of amnesty candidates, and opponents of the act have been accused of hard-heartedness. Yet the act indisputably encourages and incentivizes more illegal behavior. It continues to send the message that the U.S. is not serious about its immigration laws, but will always eventually confer the same benefits on people who break the law entering the country as on those immigrants who respected American law. The huge administrative costs of the act — it is conservatively expected to qualify 2.1 million illegal aliens for amnesty — will be borne by U.S. taxpayers and by legal aliens, whose fees fund the citizenship service
Will Wilkinson at Democracy in America at The Economist:
I think it’s useful in this debate to be as clear we can be. We’re mostly talking about Mexicans, so let’s just talk about Mexicans. Lots and lots and lots of Mexicans come across the border to the United States not because they’re a nation of heedless antinomians, but because this is (was?) where the work is. Many come because much of their their family resides here, legally or ilegally. It’s worth noting that the southwestern portion of the United States just was Mexico, once upon a time. There is an undeniable economic and cultural continuity between Mexico and the United States. The border distorts and disrupts it, but it cannot and will never put an end to it. The pattern of traffic between these two countries is not something to choke off, but something sensibly to regulate and rationalise.
“But we do regulate it sensibly!” you may insist. Well, suppose you’re a hardworking and ambitious Mexican with no family legally in the States and not much education, but you’ve got friends there, 50 miles away, and they tell you they’re getting steady, relatively well-paying work. One of the things that’s so attractive to you about America is it’s sound institutions, including its sturdy rule of law. You would very much like to migrate to the United States legally. So what are your options? Zip. Zilch. Zero. You have no options! There is no way to “get in line” and “wait your turn” because there is no line for you to stand in that leads to the legal right to live and work in the United States. So you pack up one day, take a hair-raising hike through the desert with your young daughter, meet up with your friends in Tucson, and get to work on the American dream. What were you supposed to do? Consign yourself and your daughter to a life on the edge of poverty out of respect for the American rule of law? Please.
The DREAM Act sends the message that although American immigration law in effect tries to make water run uphill, we are not monsters. It says that we will not hobble the prospects of young people raised and schooled in America just because we were so perverse to demand that their parents wait in a line before a door that never opens. It signals that we were once a nation of immigrants, and even if we have become too fearful and small to properly honour that noble legacy, America in some small way remains a land of opportunity.
Yes, the DREAM Act also incentivises illegal activity. But if the activity is not one that ought to be illegal, perhaps we should consider changing the law? Something to consider, anyway. In the meantime, this small reform will make America a somewhat more decent place.
David Frum at The Week:
Well that seems compassionate! And it’s only a small group of people we’re talking about, right? Just 60,000 a year.
Wrong. Hugely wrong.
Let me give some alternative scenarios, all of which would become possible if the DREAM Act were enacted.
Possibility No. 1: You are an illegal alien who entered the country at age 21, too old to qualify for DREAM. You’ve been apprehended and are threatened with deportation. What to do? Simple — using falsified papers, you file an application under DREAM anyway. Filing an application immediately halts deportation proceedings.
Wait a minute, you wonder: won’t using false papers get me in trouble? Not a bit. Just the opposite. Even if the fraud is detected and your application is refused, you simply revert to your previous status. In the process, however, you have gained a new legal advantage: DREAM forbids the Department of Homeland Security from using any information in a DREAM application in deportation proceedings. So now you argue that the deportation proceedings are fatally tainted because you have yourself provided DHS with information that they could now use against you.
The ploy might fail. Still: what a great no-risk option!
Possibility No. 2:. You’re a 40-year-old illegal alien who entered the country as an adult. You have a third-grade education. You are barely literate even in Spanish. Your back is bothering you; you are not sure how long you can continue working. Quite frankly, no country on earth would regard you as a desirable immigrant. Don’t despair. DREAM can offer you too an amnesty and gain you access to a lifetime of taxpayer-funded disability payments.
You have kids don’t you? If they apply successfully under DREAM, they can sponsor you. While some talk about DREAM applicants as “skilled” immigrants, in fact the law’s requirements are so lenient that your kids would have to mess up very seriously to forfeit the law’s benefits. All they need to do is enroll in some institution of higher learning or the military and survive there for two years. Graduation is not required.
Does that sound expensive? Don’t worry: your kids will receive in-state tuition rates and will be eligible for federal student aid.
They’re too young for university? Don’t worry: They can file the papers at age 12. As soon as they give notice of their future intent to attend to college or join the military, they immediately receive safe haven.
They don’t find military life attractive? If they can show “significant hardship,” they can quit before their two years have been fulfilled. Honorable discharge is NOT a requirement under the DREAM law.
They have had a little trouble with the law? Maybe a history of moving violations that put people’s lives at risk? So long as they have not been convicted of a serious crime, they’re okay.
DREAM is an amnesty not only for the people described by The Economist blogger, but also for all their parents and siblings.
Possibility No. 3. I’m still living in Guatemala, but I’d dearly like to come to the United States. Can DREAM help me?
Si se puede.
DREAM sends a message to every teenager on planet Earth: Come to America. If you enter the United States before age 16, and if you can remain here for five years (or can buy papers that purport to show you have lived here for five years), you’re as good as a citizen already. No deportation proceedings. No risk that your application will be used against you. Lenient and subsidized requirements for permanent residency. What’s not to love?
First, it’s not quite right to think of DREAM, a narrowly tailored provision that offers a relatively small group of young people a path to citizenship only if they are able to clear a number or hurdles, as an “amnesty”. Second, the process by which our notional 40-year-old undocumented immigrant can become a citizen is precisely the same as the process by which Mr Frum’s Canadian father could become a citizen through Mr Frum’s sponsorship. It’s not amnesty, and Mr Frum is simply goading the nativist rabble by choosing to misuse language in this way. Moreover, Mr Frum effectively misrepresents his scenario by conveniently omitting the dispiritng timeline. Let’s fix that.So, you’re Mr Frum’s 40-year-old undocumented immigrant. DREAM, which requires you to be between 12 and 35 at the time of application, does nothing for you, even if you did come into the country as a child. But you have a daughter who does qualifies. Woohoo! You’re in like Flynn, right? Well, no. Probably not.
Suppose DREAM becomes law in 2011. Your kid applies right away and earns status as a “conditional legal resident” (or “CLR”). Now, can you your kid sponsor you for legal permanent residency? No, she cannot. Only citizens can sponsor their parents. Suppose your kid goes to college and stays out of trouble. The earliest she can apply to become an “LPR” or “legal permanent resident” (ie, get a green card) is 5 1/2 years after approval for conditional permament residency. That’s some time in 2016 at the earliest. Now, a green card-holder can apply for citizenship after five years. Under DREAM, as I understand it, once a CLR is approved for a green card, the time spent as a CLR counts toward citizenship. So someone approved for a green card under the auspices of DREAM ought to be able to apply for citizenship right away. Let’s assume miracles from the bureaucracy and say all these applications are processed and approved at the speed of light. So, thanks to DREAM, your daughter will be a citizen no sooner than 2016, at which point she can finally sponsor you (as long as she’s over the age of 21). But don’t get excited yet! You entered the country illegally, and were working illegally before applying for a green card, and that means you aren’t eligible for a green card. ( See question 10 here.) So, sorry, DREAM can’t help you.
Suppose you entered the United States legally on a visa and then left your minor daughter here once your visa expired, or something like that. In that case, she could sponsor you for permanent residency after qualifying for citizenship through DREAM. In this case, you could be an American as soon as 2021, assuming magical bureaucratic efficiency. Of course, among those young people able to work their way to citizenship through DREAM, how many will have parents who qualify for sponsorship? Not many.
Mr Frum ends by spreading a falsehood. He writes:
And best of all: DREAM stands as an ongoing invitation, forever and ever. DREAM’s benefits extend not only to people who happen NOW to be illegally present inside the United States. DREAM’s benefits will be extended to all those who may enter illegally in future.
This is flat-out wrong. Unfortunately, DREAM is a niggardly, one-time affair. According to the text of the bill, DREAM applies only if “the alien has been physically present in the United States for a continuous period of not less than 5 years immediately preceding the date of enactment of this Act…” That is to say, DREAM wouldn’t apply to kids who came to America three years ago, much less to any kids who comes in the future. Mr Frum is sowing confusion when he says that
DREAM sends a message to every teenager on planet Earth: Come to America. If you enter the United States before age 16, and if you can remain here for five years (or can buy papers that purport to show you have lived here for five years), you’re as good as a citizen already.
Were Mr Frum to read the bill, he would see that he has made a serious error. DREAM is a stopgap measure of exceedingly limited scope which would slightly mitigate the injustices wrought by America’s reality-defying immigration and citizenship law. I look forward to his correction.
David Frum here, here and here. Frum:
I’ll answer Will Wilkinson’s specific points, but I first have to say this: Wilkinson’s mode of arguing exemplifies why the immigration debate doesn’t ever seem to go anywhere.
Advocates of more and more immigration habitually use a 4-stage method best identified by Antony Jay and Jonathan Lynn in the Yes Minister series. The stages go as follows:
1) Nothing is going to happen.
2) Something may be about to happen, but we should do nothing about it.
3) Maybe we should do something about it, but there’s nothing we *can* do.
4) Maybe there was something we could have done, but it’s too late now.
Immigration proponents are so convinced that more immigration is good in itself that they do not always worry as much as they should about the way in which they achieve their aims. They sell huge society-changing transformations as small incremental steps.
When the sales pitch proves wrong or hugely exaggerated, they seem untroubled. Wilkinson’s own blitheness perfectly exemplifies the pattern. Running through his first post is a persistent undertone that the very idea of immigration laws is a big mistake. “Yes, the DREAM Act also incentivises illegal activity. But if the activity is not one that ought to be illegal, perhaps we should consider changing the law?”
Then when I point out the various ways in which this incentive operates, he squawks that the law in fact is “narrowly tailored” and applies only to “a relatively small group.”
Is it too Freudian to suspect that the lurid accusation of deceit repeatedly lodged by Will Wilkinson reveal an awareness of the credibility problems on his side of the argument?
Adam Ozimek at Modeled Behavior
Mark Krikorian at The Corner:
The Democrats are trying to tinker with the DREAM Act to make it more palatable. Most notably, they’ve lowered the top age for eligibility from 35 to 30, but that misses the point. As I note in my piece on the homepage, what’s important is the age when they arrived, not how old they are now — someone who’s lived here continuously since they were 12 months old is simply not in the same boat as someone who arrived a month before their 16th birthday and is now 21, but DREAM treats them the same.
And I didn’t even address the cost issue, about which my colleague Steven Camarota writes today. He estimates that the bill’s college-attendance requirements will cost U.S. taxpayers $6.2 billion in subsidies for educating the illegal aliens who are expected to enroll to get a green card. And the roughly 1 million additional illegal-alien students at state universities and community colleges will reduce the educational opportunities that would otherwise have been available to Americans.
Jena McNeill at Heritage:
There is a big reason why the DREAM Act was a campaign promise for Reid, the same reason the White House recently hosted high-level meetings with members of the Hispanic caucus regarding the bill and has expressed so much interest in passing it: The act would be an amnesty for millions of illegal aliens inside the United States. This is something the White House and Reid have been desperately seeking through a comprehensive immigration bill, but has yet to gain traction in Congress.
Amnesty has never been a good way to solve the illegal immigration problem—whether through the DREAM Act or a mass legalization. As we learned in the 1986 amnesty, doing so simply encourages more individuals to break the law and enter the United States illegally. Among several other concerns, the DREAM Act rewards those who violated immigration laws by granting them in-state tuition while state laws deny legal aliens on student visas tuition benefits. The act’s lax standards would make it tough to police for fraudulent applicants, while the government would be prohibited using information submitted to deport anyone who files a DREAM Act application and does not qualify.
If Reid moves forward, the DREAM Act debate will almost certainly be filled with nice anecdotes about college education, military service, and additional tax revenues. Don’t be misled. Despite these seemingly humanitarian aims, the White House and Reid know what the DREAM Act debate it really about—finding a way to avoid the law and legalize illegal immigrants inside the United States. Packing amnesty in pretty paper doesn’t mean it isn’t still an amnesty. Congress and the White House need to focus instead on reforms to the immigration system that will enforce the law, maintain security, and promote the economy. Such a system requires robust enforcement of immigration laws inside the U.S., a secure border, reforms in the visa system, and cooperation with Mexico and other appropriate countries on law enforcement/public safety issues as well as free market initiatives.
David Knowles at AOL:
The Dream Act, legislation designed to give children of undocumented workers who came to the United States under the age 16 a path to citizenship in exchange for a promise to attend college or join the military, will be debated in Congress today.
Alabama Republican Sen. Jeff Sessions, a staunch opponent of the Dream Act, penned an op-ed for CNN in which he stated the following:
Because the Dream Act does not expire, or impose any numerical cap, the scope of the bill’s amnesty program could be enormous. And by rewarding illegality, the legislation will incentivize even more of it — and send the message that future illegal immigrants will be rewarded with amnesty as well.
Meanwhile, one of the bill’s sponsors, Sen. Dick Durbin, D-Ill., pointed out that punishing the children of illegal immigrants who have grown up as Americans is itself un-American.
These brave young men and women, who have all this energy and all this dedication, have no country. They have no legal status in this country. They didn’t have any voice in that decision about whether to come here. They were the kids brought in the back of a car or the back of a truck into the United States. But they grew up here believing America was home.
Gary Locke, President Barack Obama’s commerce secretary, agrees with Durbin, telling reporters:
The American taxpayer has invested in them, and unless we pass the Dream Act, we will keep throwing away this hard-earned investment. Also, a quarter of startup companies that eventually went public in the past 15 years were started by immigrants, he said, meaning some of these students could “develop the next Google or Intel.
The conservative Heritage Foundation, on the other hand, sees little to like about the proposed legislation:
Among several other concerns, the Dream Act rewards those who violated immigration laws by granting them in-state tuition while state laws deny legal aliens on student visas tuition benefits. The act’s lax standards would make it tough to police for fraudulent applicants, while the government would be prohibited using information submitted to deport anyone who files a Dream Act application and does not qualify.