Sadly for our country, the Development, Relief, and Education for Alien Minors (DREAM) Act was defeated in the Senate last week. No, it actually wasn’t defeated, because it never came up for a vote. There were fifty two senators who wanted to pass this important piece of legislation but couldn’t because of the intransigence of a few who refused to allow debate to be ended and a vote taken. There’s that nasty Senate Rule 22 again.
For those of you who haven’t followed closely, this is all about defining a process to deal with the children of illegal immigrants who were brought into this country by their parents. I know, I know… some of you (and many others in our country) are already thinking of the A word… amnesty, and others are thinking “why should we reward illegal behavior”, and even others are thinking that we need to deal with border security first. Some have even said, “let these illegal kids apply for citizenship like everyone else”.
I have three words in response. Visitation of sin. If you, like me, grew up steeped in the dogma of one of the more fundamentalist Christian sects, you would know any one of several passages of the bible that make this point. To wit: Exodus 34:6-7 which reads in part, “the Lord, compassionate and gracious…yet he will by no means leave the guilty unpunished, visiting the inequity of the fathers on the children and on the grandchildren…”. This was explained to me by an earnest minion of the church in a revival study group for middle-schoolers, wherein he said that his son, who was born without a right arm, was being punished by god for his own sins. I was, of course, aghast, and thus began my long journey away from biblical teachings and the church. Perhaps the subject of another blog some time.
I am equally aghast at those among us, including forty eight of the sitting members of the Senate, who would make these unwitting and innocent children virtually stateless persons because of the sin of their fathers (and mothers) by entering this country without proper documentation.
There are a thousand stories in the big city, but let me tell you just one that I know about that is particularly on point. Graciela (not her real name of course) came with her parents to Oklahoma when she was ten and her younger brother was six. They spoke no English, but learned quickly. Graciela proved to be an excellent student; excelling in every course of study. She ultimately graduated first in her class from the local high school. During her school years, in addition to her studies, she looked for ways to connect with the community and began going to the local Boys and Girls Club. The counselors there noted her ability to relate to and teach younger kids as well as her considerable leadership attributes. They ultimately nominated her in a national competition to become National Youth of the Year for the Boys and Girls Club of America. She prepared an extensive application and wrote an essay on citizenship. She interviewed with a panel of adult volunteer judges in Dallas who selected her as one of six regional finalists for the top honor. This was a really big deal. One of six out of three million members of the club. Along with the honor of being a finalist, came a $10,000 college scholarship and a visit to the White House to meet then president Bush. It was only when she provided her SSN as a requirement for the White House visit did she learn that it was not valid and that she was “illegal”. To make a long, sad story short, she did not go to the White House, she did not get the scholarship, and had to face the stark reality that not only was she not a citizen of the United States, she probably would never be.
S. and I found out about Graciela case through a caring staffer. I tried to intervene to no avail, but S. and I decided to replace the lost scholarship with one from our own family charitable foundation. Our relationship with Graciela did not end there. She went to college, studied hard, and excelled. I sought to learn more about our immigration laws. I spoke with Graciela from time to time, keeping up on her activities and her grades. I also had to tell Graciela that according to current law, that since she had stayed in the US in an illegal status beyond the age of eighteen, the only way that she could ever have a chance to become a citizen would be to leave the U.S., wait ten years and then apply for legal entry; which would likely be denied because of her previous illegal status. Talk about a logic trap. I told her that her only other chance was for legislation like The DREAM Act to be passed. She cried. I felt like crying as well.
Graciela graduated with honors from a university in Oklahoma and has now completed her master’s degree as well with a perfect 4.0 grade point average. We’ve long said in America that people are our most important asset, and what an asset Graciela could be, but we won’t let her. She can’t get a drivers license, and without a license, she can buy a car but she can’t get insurance. She can’t work (legally) and consequently cannot become a fully productive member of our society. We have forced her into the shadows.
Yes, I agree that her parents have culpability. They committed the original sin, so to speak. But why, should we, like the writer of the verse in Exodus, demand that she be punished for the sins of her father. It makes no sense. There are not many Gracielas out there. She is special, but there are thousands with similar stories. We cannot in good conscience sentence them to the purgatory of stateless personhood.
For those of you who are interested, I’ve outlined the principle term of the now dormant DREAM Act below:
1. The child must have arrived in the United States before the age of 16.
2. They must have lived in the US for 5 continuous years at the time of adoption
of the Act.
3. They must be of good moral character.
4. They must be a high school graduate or accepted to attend college
5. They must be between the ages of 12-35 when applying.
If these terms are met, they would be granted conditional residency for 6 years during which they must complete at least 2 years of college or honorable service in the military. After 5 1/2 years they could apply for permanent residency if they’ve met, or will meet, the above conditions.
The Dream Act was never brought to a vote.
Addendum to Dream On
May 2015
In the face of the intransigence of the now Republican majorities in the House of Representatives and in the Senate, Obama faced the hard choices of doing nothing for those he had promised much or using the power of his office to make some changes via executive order. He chose the later. On June 2012 the Obama administration announced a revised policy for those so called “Dreamers” that had been left behind in the aftermath of the failure of Congress to pass the “Dream Act”. DACA, the Deferred Act for Childhood Arrivals was, in effect, a courageous effort by Obama to right a longstanding wrong through Executive Order. When announced in the Rose Garden on June 15, 2012 the predictable hue and cry from the Republican caucus ensued. Ultimately twenty-six states Attorneys General sued to block the action. Yes, you can probably guess most of the states. And most recently, a federal judge for the Southern District of Texas issued a temporary injunction which precludes the administration moving forward with DACA.
Who knows how this will all turn out. I hope that over time, the arc of history, will continue its progressive path and will bring sanity to the tangled mess that is our immigration law. In the meantime, we are penalizing ourselves by not allowing the Graciela’s of the world to lend their talents to our society.
First published December 23, 2010
