Failure of DREAM Act in Senate dashes best chance of immigration legislation
The DREAM Act has failed in the U.S. Senate, dashing the latest and best chance Congress had to pass immigration legislation. The bill would have granted conditional legal status to illegal immigrants younger than 30 who completed two years of higher education or served in the military. To be considered for legal status, they would have needed to have lived in the U.S. for five years and have entered before age 16. After completing the educational or military requirement, they could have applied for citizenship. The legislation would have affected more than 1 million young people, according to the Migration Policy Institute. The bill needed 60 votes to avoid a filibuster and move forward in the Senate. Instead, it garnered only 52 votes. The White House indicated it opposed the bill but had not threatened to veto it. Congress failed to pass comprehensive immigration legislation earlier this year. And some Senators have tried a piecemeal approach, but that does not seem to be working, either—further evidence that the chances of any legislation passing this year are slim. "The debate has changed," said Sen. Dick Durbin (D-Ill.), the bill's sponsor. "There are people who are using this issue politically, creating a lot of fear and spreading a lot of misinformation." The bill's opponents called it another crack at amnesty for law-breakers. They said addressing only a "sympathetic" slice of the immigration problem would have been a mistake. That would have taken away leverage to negotiate a comprehensive bill including provisions for high-tech workers, agricultural laborers, border security, and enforcement.
Dallas Morning News By Dave Michaels
[Editor’s Note: As noted at the first link below, NSBA supports state legislation that allows for in-state tuition and other incentives for undocumented students to pursue higher education. That same position statement, a resolution adopted by NSBA’s 2007 Delegate Assembly, calls for changing federal law "to authorize the cancellation of removal, and the adjustment of status, of undocumented immigrant students who are long-term United States residents." Leaving aside philosophical considerations and differences, this position by a middle-of-the-road organization was seen as a recognition that public schools have a constitutional obligation to serve all students regardless of citizenship status, are more accountable than ever for the academic success of all student groups, and are hindered in fulfilling these legal obligations if students perceive that doors of opportunity will remain closed to them regardless of how well they succeed in school. More information on immigration and public schools is available starting at the second link.]
NSBA School Law pages on immigration and educational costs
NSBA School Law pages on school district policies on immigration