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DREAM Act

DREAM Act

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Published by michellemalkin
New Sessions critical alert on S3992
New Sessions critical alert on S3992

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Published by: michellemalkin on Dec 07, 2010
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12/27/2012

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UPDATED CRITICAL IMMIGRATION ALERT
DEMOCRAT LEADERS CONTINUE PUSH FORMASS AMNESTY
 DREAM ACT DOES NOT REQUIRE HIGH SCHOOL, COLLEGE, OR MILITARY SERVICE. THOSE ELIGIBLE FOR AMNESTY  INCLUDE REPEAT CRIMINAL OFFENDERS.
Senate Majority Leader Harry Reid has filed cloture on the motion to proceed toS.3992, the DREAM Act. This version of the legislation was introduced just last week and,remarkably, is one of four versions introduced in the last two months.Though the DREAM Act would make substantial changes to immigration law, it hashad neither hearings nor Committee process. As a result, the public and the Senate have nothad time to analyze the proposal, and forcing a vote in the lame-duck session of Congress isboth reckless and irresponsible. The Congressional Budget Office says that the DREAM Act isexpected to add AT LEAST $5 billion to the federal deficit
 — 
a figure that will almost certainlygrow given that the CBO fails to take into account a multitude of factors including thelitigation, fraud, and chain migration that will result from its passage.
In addition to immediately placing an estimated 1
 – 
2 million illegal aliens on a path tocitizenship (a number expected to grow since the bill has neither a cap nor a sunset), the DREAMAct will give them access to federal student loans and federal work-study programs. The bill allowsillegal aliens to get legal status indefinitely without attending college or joining the military.Additionally, it allows the Secretary of Homeland Security to waive ineligibility for seriouscriminals and those who pose a threat to our national security.Aliens granted amnesty by the DREAM Act will have the legal right to petition for entry of their family members, including their adult brothers and sisters and the parents who illegallybrought or sent them to the United States, once they become naturalized U.S. citizens.
In less thana decade, this act could easily triple the number of green cards that will be immediatelydistributed as a result of the DREAM Act, rewarding millions who unlawfully entered theUnited States.
T
EN
T
HINGS
Y
OU
N
EED
T
O
NOW
A
BOUT
 
T
HE
DREAM
 
A
CT
(S.3992)
1.
 
T
HE
DREAM
 
A
CT
I
S
NOT
 
L
IMITED TO
C
HILDREN
Proponents of the DREAM Act frequently claim t
he bill offers relief only to illegal alien
children
.‖
 Incredibly, previous versions of the DREAM Act had no age limit at all, so illegal aliens of any agewho s
atisfied the Act’s requirements— 
not just children
 — 
could obtain lawful permanent resident(LPR) status. In response to this criticism, S.3992 includes a requirement that aliens be under theage of 
30
on the date of enactment to be eligible for LPR status. Even with this cap, many could bemuch older before petitioning for status
 —hardly the ―
children
‖ the Act’s advocates keep talking
about.
The bill’s 30 year old age cap on ―children‖
only applies to date of enactment, and theregistration window will remain open indefinitely regardless of future age.
2.
 
T
HE
DREAM
 
A
CT
W
ILL
B
E
F
UNDED
O
N THE
B
ACKS
O
F
H
ARD
W
ORKING
,
 
L
AW
-A
BIDING
A
MERICANS
 
Though S.3992 was placed on the Legislative Calendar on December 1, 2010 (and introduced justthe previous evening), the CBO released a score the very next day. Proponents of the DREAM Acthave failed to acknowledge that CBO
estimates ―
the bill would increase projected deficits by more
than $5 billion.‖
But the number is likely to be dramatically higher. The CBO has clearly failed toaccount for a number of major costs factors with the DREAM Act, including increasedunemployment of U.S. citizens, public education costs, chain migration, and fraud. Nor does theCBO take it account what history has proven: passing amnesty will incentivize even more illegalityand lawlessness at the border. In addition, the CBO assumes a large portion of those who receiveamnesty will obtain jobs, but there is no surplus of job opportunities.
The score doesn’t count thosewho can’t get j
obs because of this competition and will claim unemployment benefits.The DREAM Act requires that DHS/USCIS process all DREAM Act applications (applications thatwould require complex, multi-step adjudication), though it accounts for no fees to handleprocessing. This mandate would require either additional Congressional appropriations, or forUSCIS (a primarily fee-funded agency) to raise fees on other types of immigration benefitapplications. This would unfairly spread the cost of administering the DREAM Act legalizationprogram among applicants and petitioners who have abided by U.S. laws and force taxpayers to payfor amnesty.
Though the DREAM Act doesn’t mention fees, the
CBO assumes all illegal aliens will pay a $700fee to submit an application. USCIS, however, recently implemented a formal process whereby feescan be waived for hardship. It is likely that most of those petitioning for status under this bill willfall within a hardship exception and not pay any fees at all. Taxpayers would also be on the hook for all Federal benefits the DREAM Act seeks to offer illegal aliens, including student loans andgrants.
3.
 
T
HE
DREAM
 
A
CT
PROVIDES
 
SAFE
 
HARBOR 
 
FOR 
 
ANY
 
ALIEN,
 
I
NCLUDING
C
RIMINALS
,
 
F
ROM
B
EING
EMOVED OR 
D
EPORTED
I
F
T
HEY
S
IMPLY
S
UBMIT
A
N
A
PPLICATION
 
Although DREAM Act proponents claim it will benefit only those who meet certain age, presence,and educational requirements, amazingly the Act protects ANY alien who simply submits anapplication for status no matter how frivolous. The bill forbids the Secretary of Homeland Security
from removing ―
any alien
who has a pending application for conditional nonimmigrant
status‖— 
regardless of age or criminal record
 — 
providing a safe harbor for millions. Though the bill requires
a modest ―prima facie‖ showing of eligibility, this is the lowest standard of legal proof and couldlikely be satisfied by the alien’s signa
ture. This loophole will open the floodgates for applicationsthat could stay pending for many years or be
litigated as a delay tactic to prevent the illegal aliens’
removal from the United States. Such delays will increase the number released on bail and willincrease the number of absconders. The provision will further erode any chances of ending therampant illegality and fraud in the existing system, and the bill becomes a surrender to illegality.
4.
 
C
ERTAIN
I
NADMISSIBLE
A
LIENS
,
INCLUDING THOSE FROM HIGH
-
RISK REGIONS
,
 
W
ILL
B
E
E
LIGIBLE
F
OR 
A
MNESTY
U
NDER 
T
HE
DREAM
 
A
CT
 
Certain categories of criminal aliens will be eligible for the DREAM Act amnesty, including aliengang members. The DREAM Act allows the following illegal aliens to be eligible for amnesty:alien absconders (aliens who failed to attend their removal proceedings), aliens who have engagedin document fraud, aliens who have falsely claimed U.S. citizenship, and aliens who have beenunlawfully present in the US, even after being previously removed.
The exemption for fraud is particularly troubling because it creates a potential loophole forunknown terrorists who have defrauded immigration authorizes
 — 
as was the case with the 9/11hijackers. At the same time, limited federal resources that are better utilized on tracking down suchfraud will have to be directed towards reviewing potentially fraudulent claims on millions of DREAM applications.
 Making matters worse, the DREAM Act still allows the Secretary to waive all grounds of inadmissibility for illegal aliens, including criminals and terrorists.
5.
 
C
ERTAIN
C
RIMINAL
A
LIENS
 — 
INCLUDING DRUNK DRIVERS
 — 
W
ILL
B
E
E
LIGIBLE
F
OR 
A
MNESTY
U
NDER 
T
HE
DREAM
 
A
CT
Certain categories of criminal aliens can qualify for status under the DREAM Act. The bill includesa 3-misdemeanor rule, similar to the 1986 amnesty rule. As a result, criminal aliens who have lessthan 3 misdemeanor convictions will remain eligible for legal, permanent status through theDREAM Act. Some misdemeanors can be extremely serious, such as driving under the influence,certain drug offenses, gang activity, some charges of sexual abuse of a minor, assault and battery,and even prostitution.
6.
 
C
ONSERVATIVE
E
STIMATES
S
UGGEST
T
HAT
A
T
L
EAST
1.3
 
M
ILLION
I
LLEGAL
A
LIENS
W
ILL
B
E
E
LIGIBLE
F
OR THE
DREAM
 
A
CT
A
MNESTY
.
 
I
N
EALITY
,
 
W
E
H
AVE
N
O
I
DEA
H
OW
M
ANY
I
LLEGAL
A
LIENS
W
ILL
A
PPLY
 
Section 4(d) of the DREAM Act waives all numerical limitations on green cards, and prohibits anynumerical limitation on the number of aliens eligible for amnesty under its provisions. TheMigration Policy Institute estimates that the DREAM Act will make approximately 1.3
1
million
1
 
MPI’s October 2006 publication titled ―New Estimates
of Unauthorized Youth Eligible For Legal Status Under theDREAM Act
(
available at 

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