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Law

DREAM's hope
Congress reconsiders measure for undocumented children's conditional amnesty
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The first time Ramon came to the United States, he was 9 years old and had a tourist visa. His mother was the only member of her large family remaining in Mexico, and she brought Ramon and his brother to Detroit to visit her parents and siblings here.

After their visas expired they returned to Mexico, but Ramon — who agreed to tell Metro Times about life as an unauthorized immigrant if his real name not be used — remembers his parents' subsequent arguments. His mother wanted to come back to the United States illegally to join her family members, who were legal residents. His father did not want to move, fearing the repercussions of getting caught crossing the U.S.-Mexican border and of living with undocumented status.

"He didn't want to ruin our lives. It took him a while to decide to keep the family together," Ramon says.

His mother went first and made it to Detroit. Ramon, his father and brother followed, crossing the border into Texas with a guide leading them through the desert.

"We were young enough not to recognize how dangerous it was. We were not afraid. My dad though, I could tell he was trying to remain calm," Ramon recalls.

Since that crossing six years ago, Ramon and his brother have gone to school, learned English and made friends in their southeast Michigan neighborhood. After Ramon graduated from high school, he enrolled at a local university to study engineering. He had scholarships to help pay tuition, but those ended at his public university after Michigan voters passed Proposal 2, banning scholarships based on ethnicity and race.

Now he works in construction and takes classes at a community college, planning a return to university when he can afford it. He'll have to pay international student tuition rates and he'll have no way to work legally here when he graduates. Applying for legal residency, he says, would draw unneeded attention to his family, which now includes a sister born here. They have learned to live with the constant fear and threat of deportation.

Ramon is among the estimated 65,000 graduates from American high schools each year who are undocumented immigrants and part of the roughly 12 million unauthorized people living — and, in the case of about 8.3 million of them, working — in the United States, according to the Pew Hispanic Center. Michigan has about 110,000 undocumented immigrants, according to the center.

If and how to address the situation and immigration status of Ramon and people like him — undocumented young adults brought by parents to the United States as children — is one portion of the bigger immigration debate.

In one camp are supporters of the federal Development, Relief and Education for Alien Minors (DREAM) Act, which would provide young adults like Ramon a pathway to citizenship. The legislation recognizes that children of illegal immigrants are not guilty of their parents' transgressions, supporters say, and therefore should be provided a route to legal, permanent residency in the only country some of them have known. Having grown up in the United States and gone to public schools, society has already "invested" in them, the argument goes.

But opponents of the plan call it "amnesty hidden in an educational policy" and fear it would encourage more illegal immigration. With a Supreme Court mandate that undocumented children must be educated in public schools, concerns about costs abound if more people bring children here knowing they can achieve legal status someday.

"We're not punishing the children for illegal acts of the parents. We're merely not rewarding them," says Bob Dane, spokesman for the Federation for American Immigration Reform, a Washington, D.C.-based group that supports reducing immigration and strengthening border security. "I know it's a sensitive matter. If there were one or two we'd all be willing to make an exception."

Legislators in both houses of Congress re-introduced the DREAM Act in March, a fifth attempt at its passage. It's failed in the four previous Congresses, getting as far as House approval nearly two years ago. But now, with President Barack Obama and his administration touting the need for immigration reform and a Democratic Congress, supporters say the time might be right for it. As a senator, Obama was a co-sponsor of the measure.

"I think there's a certain amount of momentum building in favor of the DREAM Act in part because the folks who would be most directly affected by it are some of the most sympathetic people around," says Jonathan Weinberg, professor of law at Wayne State University who specializes in immigration.

If the measure passes, young adults who are undocumented could apply for conditional permanent resident status if they have been in the United States continually for at least five years, beginning when they were younger than 16, and if they have clean criminal records and attain high school graduation or college acceptance. To gain permanent residency, they would need to complete two years of college or serve at least two years in the U.S. military.

"We all recognize the value of higher education and service to our country," DREAM co-sponsor Sen. Patrick Leahy (D-Vermont) said when introducing the bill March 26. "To serve these federal policy interests by giving legal stability and opportunity to young people caught in the limbo of our laws through no fault of their own is the right thing to do."

The Senate version has 22 co-sponsors while the House's has 53, including Rep. John Conyers (D-Detroit), the only member of Michigan's congressional delegation to sign on so far.

Dane calls the legislation "replete" with problems.

"It creates a massive administrative burden on our federal bureaucracy that's already maxed out," he says. "There is a component of the DREAM Act that requires if somebody is eligible, they have to have been here since they were 16. How are you going to prove that?"

He predicts enactment would lead to "massive document fraud" as applicants tried to meet the terms that they were here when they were younger than 16 and that they attended school. "Can you imagine the phony school transcripts?" he says. "I also might note that most of the 9/11 terrorist posed as students."

While the DREAM Act is federal legislation, it has implications at the state level. It would allow states to charge undocumented immigrants in-state tuition at public colleges and universities, a measure school administrators say could help increase their enrollments.

"The restrictions against undocumented immigrants adversely affects Michigan by encouraging some Latinos to drop out of high school since they would have little or no chance to attend college here," says Jorge Chinea, director of the Center for Chicano-Boricua Studies at Wayne State University. "Those who do complete their high school diplomas end up leaving the state in search of higher education opportunities elsewhere, indirectly contributing to a 'brain drain' of bright, capable, young minds out of Michigan."

Michael Boulus, executive director of the Presidents Council, State Universities of Michigan, says the state's 15 four-year public universities would benefit greatly from the DREAM ACT.

"It would boost the enrollments," he says. "We're not at capacity at our institutions."

But a group of state legislators say, in effect, enrollments should not be built on undocumented students. House Bill 4188 would require Michigan public universities to check students' status before they could receive loans. Rep. Dave Agema (R-Grandville) introduced the bill earlier this year. It has 25 co-sponsors.

Agema says that because the state appropriates money to universities — roughly $5,300 per full-time student — the Legislature can make such demands. "When we appropriate money, we can't tell them how to spend it, but we can sure as heck not give it to them if they're doing something illegal," he says.

Still, Ramon argues that without the DREAM Act, children in the United States are denied having a better life through an education they are willing to work for.

"Those who do want it are being blocked, their talents are being suppressed, when they could be enriching America," he says. "The DREAM act would solve this problem, providing equality of opportunity to inspired youth that want to enrich America."

Sandra Svoboda is a Metro Times staff writer. Contact her at 313-202-8015 or ssvoboda@metrotimes.com.

Comments

Report this comment On 5/13/2009 3:47:08 AM, us_pinay said:

Take heed Detroit - The DREAM ACT will become a magnet that would draw more and more illegal to your city. If you want to what your future will look like, all you need to do is look at Los Angeles: Source: Office of Supervisor Michael D. Antonovich Los Angeles County Board of Supervisors, 5th District Posted: April 27, 2009 11:13 a.m. POSTED April 27, 2009 1:30 p.m. LOS ANGELES COUNTY - Figures from the Department of Public Social Services show that children of illegal aliens in Los Angeles County collected more than $21 million in welfare and more than $22 million in food stamps in March 2009 -- an increase of $1 million from the previous month, according to a news release from Los Angeles County Supervisor Michael D. Antonovich. Annually the cost of illegal immigration to Los Angeles County taxpayers exceeds one billion dollars, which includes $220 million for public safety, $400 million for healthcare, and $500 million in welfare and food stamps allocations, according to the news release. Twenty-four percent of the county's total allotment of welfare and food stamp benefits goes directly to the children of illegal aliens born in the United States, according to Antonovich's statement. "Illegal immigration continues to have a devastating impact on Los Angeles County taxpayers," Antonovich said in the statement. "The total cost for illegal immigrants to county taxpayers exceeds $1 billion a year - NOT INCLUDING THE MILLIONS OF DOLLARS SPENT IN EDUCATION."(Emphasis added)

Report this comment On 5/13/2009 7:33:34 AM, Ali999 said:

The biggest problem with the DREAM Act is that it rewards the parents that brought their kids here illegally and who are guilty of breaking the law. The bills (this is the 13th since 2001) have contained no provisions prohibiting the legalized "students" from eventually sponsoring their parents or other relatives who brought them here, much less requiring the parents who did break the law to return to their home countries. If that's not an incentive for more parents to come here illegally and use their kids as a means to get legal status, I don't know what is. Also, I've taught overseas in the Middle East for several years in countries where my students complain about corruption. Now, just how do I explain to them that people who break our laws get to benefit from it, while they who follow them need to jump through immigration hoops and pay high foreign student tuition? Illegal immigration is a form of corruption as surely as any Bernie Madoff.

Report this comment On 5/13/2009 9:36:05 AM, Doc d20 said:

Again, lawbreakers are rewarded at the expense of the law-abiding taxpayer. The backlash is going to be immense.

Report this comment On 5/13/2009 3:11:27 PM, American said:

Children of unauthorized immigrants are not at fault. It is quite ironic, us_pinay, that you mention the money spent on these kids by the tax payer. Well, guess what, the DREAM Act will allow them to GIVE BACK, it would allow them to go to a university or join the military. All of you just complain and offer no solution at all...these are lives of people, millions of kids are in this situation, they want to give back to our great nation but they cannot. Why not allow them to give back? You must be plagued sheer ignorance and stupidity to not support the DREAM Act. So if you were really worried about the money, you would support the DREAM act and immigration reform, so that unauthorized immigrants and their children had a chance to give back.

Report this comment On 5/13/2009 3:15:49 PM, iw313 said:

FAIR, NumbersUSA, and the Center for Immigration Studies were all founded by John Tanton, a white-supremacist who advocates "eugenics" or selective breeding and who took money from neo-nazi organizations to fund his lobbying operations. Any newspaper/news organization that considers these zealots "experts" on immigration, clearly has no business in the media

Report this comment On 5/13/2009 5:35:01 PM, iw313 said:

The Dream Act wont create incentives for future illegal immigrants because it will only qualify to those that came illegally five years before the bill is signed into law. it will take probably anywhere from 10-20 years before a parent would receive legal status by that time the parents will be too old to be able to compete for jobs so stop the bullshit of the dream act act being an incentive for future illegal immigration.

Report this comment On 5/14/2009 12:27:39 PM, Doc d20 said:

American, why is it encumbent upon the American taxpayer to provide a "solution" to illegal immigrants and/or their children? How does university attendance equate with giving back to the country? They want to give back? They just need a chance to give back? They have an immediate opportunity: Leave, and stop bleeding taxpayer dollars from our public schools and health care hand-out program (Medicaid) via persistent emergency room visits.

Report this comment On 5/14/2009 1:54:03 PM, yesdream said:

It hurts me how a nation made of immigrants can think like this, look to your past, look at your irish, italian, scotish, asian, latin ancesters! THEY ALL CAME HERE WITH A COMMON PURSUE; "A BETTER LIFE", 90% of immigrants only contribute to society, work the toughest minimun wage jobs. A legalization of these "aliens" as you like to call them will only stimulate the economy by the state fees the will have to pay to reach legalization. These illegal aliens who want to become legal will have to pay lawyers, medical centers, state fees, federal fees, and many more institutions that the state will require them in order to become legal. It is also a excellent way of controlling them and their money. After all, all our money goes to uncle sam anyway. Before you judge these poor people ask yourselves one question; Are we better than anyone?

Report this comment On 5/15/2009 2:52:36 PM, Doc d20 said:

yesdream, the immigration of my ancestors to this great country was controlled and documented (Ellis Island). Yes, they share quite a common pursuit of "a better life" with all those who would call America their home. You are making a broad-brush assumption that these illegal aliens (on the whole) will be responsible citizens, paying taxes, paying private businesses for services. The truth is that we don't have to speculate what the majority of them would contribute to this country, when cold, hard reality contradicts you point by point. Payment to lawyers (ACLU and good-hearted pro bono NYU/Columbia/et al grads), medical centers (compulsory emergency room care), and municipalities (state & federal fees are for DOCUMENTATION) are all AVOIDED by this group of people. You think this will magically change somehow with sweeping amnesty?! Your appeal to pity ("Are we better than anyone?") won't gain you any persuasion points with producers and critical thinkers. ..."all our money goes to Uncle Sam anyway." Are you nuts?! Have you already capitulated to two-party socialist madness? C'mon, man! BOOTSTRAPS! Get to pullin'! Start voting the assholes out!

Report this comment On 5/16/2009 9:46:00 PM, SteveV said:

There is a good reason why the misnamed "Dream Act" is so controversial. Illegal behavior must not be rewarded. If these young adult foreign nationals truly want to be a part of our country, they can return to their homelands, apply for U.S. citizenship there, and GET IN LINE. Furthermore, every college seat or scholarship that goes to an illegal alien means one less seat and less aid for an American kid (whose parents have been paying taxes and playing by the rules their whole lives).

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