The DREAM Act: Act II
The DREAM (Development, Relief and Educational for Alien Minors) Act, is coming back for a second curtain, thanks to Harry Reid, and President Obama. The screeching coming out of both sides is more hyperbole than thoughtful consideration. The right screams "amnesty", which it is not. The left praises it as giving a path to the "best and brightest", which it does, but it casts that net far too widely. As usual, there is a defined problem. The best answer lies not in splitting the difference, but in crafting a solution that actually accomplishes the goal to the benefit of the intended target, and the United States.
The DREAM Act, in it's current configuration provides a 6 year temporary conditional visa to certain illegal aliens who attend or graduate from US High schools. The alien must have lived in the country continuously and illegally for at least 5 years prior to enactment, arrived illegally as a minor, and is of "good moral character".
During the period of the conditional visa, the alien must get his high school diploma or GED, complete 2 years in the military, and if discharged received an honorable discharge; or completed 2 years at 4 year institution of higher learning, and remained in "good standing." It provides for those who fail to accomplish the requirements of the conditional visa to return to their immigration status prior to getting the conditional visa, and to be subject to deportation.
The problem with the DREAM Act, as it is currently constituted, is that it has holes in it big enough to drive a fleet of ICE buses through. The vague wording of "good moral character" and "in good standing" is meaningless subjective drivel that can have it's interpretation bent to apply to any situation. The time frames do not measure commitment, and the goals are no more than society expects of any high schooler. It's is a sop to a constituency. It devalues American citizenship, and the very people that it claims to "help."
As a country, America SHOULD be encouraging the best and the brightest to settle here. That is what makes our country the great and creative force that it is. Our legal immigration policy addresses both the desire of people to come here, and the need for the U.S. to benefit American society in an orderly fashion. It is true that not everyone gets in. Citizenship or permissions to stay here need to be earned, not passed out just because you are here already.
That being said, a minor brought into the country illegally, and who may never recall any home other than America, should not be punished for the sins of the parents. It is NOT their fault that they were brought here. If they wish to stay, and to prosper here, they should be awarded the opportunity to prove their value, and to earn their place in American society.
That bar should not be placed low. It should bear the value of the lottery ticket that living in the United States represents to billions of people around the world - to people who would trade their own lot, if only they could, to step onto the lowest rung of American society.
With that in mind, we offer a proposal that makes more Common Sense, and serves both those the current law is trying to assist, and the United States. We see no need to modify the criteria for eligibility, but we offer these changes to the requirements of fulfilling the obligation required by the current law to qualify for a permanent visa, and a path to citizenship:
Upon meeting the eligibility requirements, the first change will be to increase the term of the conditional visa. We promote the idea of an eight year conditional visa. We also modify the requirements for the permanent visa / "path to citizenship" away from showing progress towards certain goals. We instead set the bar higher to the completion of set requirements within the time allotted by the conditional visa.
Here are those requirements:
Academic Path - applicants must complete a 2 year degree or diploma in a technical skill, or a 4 year college degree. Upon graduation, applicants must seek and gain employment related to their studies, and to remain gainfully employed for the balance of the time left on their conditional visa.
Applicants who wish to pursue advanced degrees are encouraged to do so. Extensions for the conditional visa will be granted in 2 year increments. These extensions will be granted based on maintaining a GPA of 3.0 or higher, and on the recommendation of sponsors drawn from the university, and other interested parties. Upon graduation, a final 4 year conditional extension visa will be granted to allow the applicant to establish an consistent employment history.
We retain current federal law which allows no provision for funding the education of these applicants at the federal level.
Military Path - a permanent resident visa will be issued on the completion of the standard eight year military contract, with honorable discharge, or continuation of a military career.
Requirements for All Applicants:
- Maintain a clean criminal record for the duration of the conditional visa (this excludes traffic violations - just criminal charges). A felony conviction voids the conditional visa, and subjects the convict to deportation upon completion of his sentence.
- The conditional visa is granted ONLY for the applicant. No other family members are included, unless they too are eligible for the DREAM program, apply separately, and maintain their own requirements. Other family members may be sponsored for immigration by the successful DREAM applicant once naturalized as a citizen, should the applicant choose to become a citizen. Those family members will then go through normal lawful immigration procedures.
- Violation of these rules, or failure to complete requirements during the term of the conditional visa will lead to revocation of the conditional visa.
Common Sense Dictates
The standards set by these requirements are high, as they should be. What is handed out cheaply is not valued. That is proven in the attitude of so many who are born here and who choose not to excel, or who chose to gripe about their lot rather than to improve it. There is not a Rwandan, a Haitian, or even a Belgian who wouldn't rather live here, and take part in our bounty and opportunity.
Just as not everyone gets to be a Marine, or a doctor or a teacher, not everyone gets to be an American. Unless you are born here, that right needs to be earned. America has the right to decide who it admits to our shores, and what the requirements are.
America is also a fair country. In this case, we are speaking of children who were brought hear illegally, but who had no choice in the decision. The parents have no standing for their decision to violate US law. The children have no guilt in that decision. It is in the interest of America to encourage the best and the brightest to come and stay and prosper.
One important addition to our DREAM Act is the recognition of 2 year technical degrees, which are not part of the currently proposed DREAM Act. We found the restriction to 4 year colleges to be elitist. America will always need mechanics, tradesmen, paramedics and inventory management people. This opens up the DREAM to those with skills that are not purely academic, but still requires the same level of dedication.
This DREAM Act, as we have put it forward, winnows the field. The requirements are strict, but they are doable by those who apply themselves. It encourages those who are already engaged in being good and productive Americans, and blocks those who have no interest in America, except as a meal ticket. It enables the willing to enjoy in the prosperity of being American, and it refuses to assist those who choose not to help themselves. We find it to be not only fair, but Common Sense.
RLB
Categories: Immigration, National Sovereignty, Partisan Politics
Tags: Immigration DREAM Act
Well, I can see why nobody wanted to be first up on this. I guess I'll go. WTF? These "students" were smuggled into the country by their parents doing an illegal acts. We owe them NOTHING. It's not even the blasted anchor baby issue,where they are "citizens" because mommy broke water here. Thereis no obligation here at all. If anything we should seek reimbursement for all of the public dollars that they ate up without being entitled to them. I understand that the lib argument of being nice might appeal to a lot of people, but you pointed out how well that worked out for the Indians on FB. The law is the law. If we start making exceptions, then we are no longer a nation of laws, we are a nation of exceptions to the law. That will never work.
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I've got to agree. Sentiment cannot give way to the law or it means nothing. If we let this go, then the next way to get in is to smuggle the kids in. We have a legal structure for immigration. We need to use it.
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Ok, I'll go with we have no "obligation", but just because we don't doesn't mean that we can't show compassion and do the right thing. A lot of these kids have no memory of Mexico, or wherever they are from. They've gone through our school system, and are just as American as our kids. There should be a path to let them stay. If you want the bar to be high, fine - but ripping what has become their lives away from them is in no one's best interest.
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I don't see how anyone can equate these kids with illegal aliens and committing a crime. No matter what you think about the parents crossing the border illegally, there is no blame in the children. They were brought here at 2, 3 7 years old. what choice did they have? Are we expecting an 8 year old to tell mommy and daddy that their action is in violation of United States law and they won't stand for it? Let's get real... Do the Dream Act. It's the right thing to do.
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This time I have to come out strongly on the side of Angela and Hailey. You can not hold these children responsible of a crime and worthy of being deported. Doing so would be the same as holding a hostage guilty of the crime done to him. Since when do we prosecute the victims of crime?
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There is a Constitutional basis for doing something like the Dream Act. If you look at the passages dealing with treason, only the party committing treason is to be punished. There is to be no retaliation against the family or specifically, the heirs. This is also legal tradition in the United States - a criminal's child is not held responsible for the parent's crime. This is a little more muddled because of the actual immigration status of the child is part of the problem, but a Dream Act type of legislation could address it. I'll go with the ladies as well - and you too, Dave.
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OK, I get it. This is a horrible and maybe unique problem. Still, the law is the law. Let's say we take these kids in. What happens to the original illegal immigrants who caused this situation to occur? It wasn't any Americans snatching Mexican babies and bringing them here. Do the parents get to stay, or do they get sent home? Deportation of the parents should be required. I'd go for restitution as well for all of the services that they recieved by fraud. If it's just carte blanche for the parents, then it just encourages more people to do this. Just like amnesty back in the 80's led to more illegals coming looking for the next amnesty. Nothing againt these kids, but there have to be some consequences for illegal acts.
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You get more grief when you make sense than when you go off the edge. Not sure what that says.
Seriously, this isn't something that falls under current law in any sort of a way that could be called justice. I would imagine that a lot of these kids don't even speak the home language all that well. Ripping them out of their "homes" and plopping them into some 3rd world hole fits the definition of cruel and unusual. Still, if they want to stay, it needs to be proven that they are the type of person who will be an asset to the country. The standards should be very high. I don't think that the ones outlined here are unreasonable. They can be met by anyone with the real motivation to stay. If nothing else, it's a better starting point than the DREAM Act being promoted by the Dems. That version requires almost nothing of substance. Maybe the GOP can put this one forward as a good alternative.
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There's no simple solution here, and I expect that the arguments will continue to go on. The promise that i find here is the inclusion of 2 year technical programs. Face it - even among legal kids, there are a lot of them who just aren't up for a 4 year college. There are always real jobs with real pay in repair and the trades. The current DREAM act doesn't include any possiblility for kids whose skill sets might be in a different kind of knowledge. Good add-on!
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So does any of this matter anyway? I heard that the world was going to end tomorrow. For real - there has to be a better bunch of illegals to pick on than the group who wouldn't be here if it wasn't for someone else, and who are trying really hard to succeed. How about we deport the bangers and gangstas? That's where the problem is.
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No one knows the time or the day of the Lord's return, and the rapture will leave a lot of people behind. Thank you for bringing a smile to my face.
This is a problem when the law and justice are at odds. Jesus taught us that the spirit of the law was more important than the letter of the law. The spirit of America encourages those who are industrious and honorable to come here to prosper. These children are already here, even if the circumstance is not ideal. The proposals here honor the law, expect a good degree of determination, and in the end provide a compassionate and just end. I would support such a measure.
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I think there might be a market for this as an alternative to what's going up for a non-vote. Have you sent this to anyone on the Hill?
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I like it myself. I'm gonna forward it on to Pete King. Maybe he can get something moving on it. He took a load of crap on the Muslim hearings, but he's a pretty practical guy. I think he'd go for it.
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I'm all for deporting the illegals, but yeah, it isn't right in the case of these kids. Still, I go with crackerjack. This is applying to kids who are adults, or soon to be adults. This should not protect the parents who broke the law. I think that really, for a kid to participate, a condition must be the parents going back to where they came from. Sort of a it's them and you stay, or you can all leave. It sounds hard, but that's the most honest way to approach the problem.
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I am a college student and have been for many years. I do think these kids should be able to stay in the country and allowed to continue the life that they know. It is not their fault that their parents choose to break the law. Do we put a drug dealers kids in jail because they are his/or children? Someone needs to look out for these kids. The government has a moral and ethical duty to do what in the best interest of the kids, all Americans and future generations.
This country was built on core values and was settled by foreigners from other countries. It is the country that the people have a right to choose.
The program and requirements outline above make total sense and should be incorporated into the bill. There should be a board that monitors this program to make sure of compliance and those that are non compliance should be deal with.
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Look, I really don't care who comes here or who stays here, as long as they want to be a part of American society. That means doing it our way - not making us do it the way you did it wherever you came from. When in Rome do as the Romans do. When in America, do as the Americans do. Pretty simple.
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This is a tough one. I hate to make exceptions to the law, but, in this case, with these kids, maybe something needs to be worked out. If we do let them stay, the standards need to be high. We can't just be giving away admittance, regardless of circumstance.
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I don't know. I feel for these kids, but the law is the law.It has always been our history to pass laws to deal with injustice, but I can't think of any time those laws were applied retroactively. It undermines all laws to have the possibility of reversing not only a law, but applying it to those who would be found guilty under it. Law moves forward - it doesn't correct the past.
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I could support this. Of course, it would have to be strictly monitored, which is always the weakest link. And especially if those monitoring are lefty progressives.
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Little to no sympathy here. They, and their parents are in violation of the law. It doesn't matter who holds the gun or who takes the cash, anyone involved in robbing the bank is guilty - even if mom and dad said it was okay. Enforce the law.
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This is a well thought out plan to deal with a difficult problem. You're not going to change any minds on the hard core of either side, but if I can see the sense in it, so can a lot of people.
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Nothing that I disagree with in this. Let's do it.
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Excellent piece, Robert! We'll run this first, and if space allows, your review of the candidates. THAT is conversation; THIS IS GENIUS
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This is the first intelligent idea that I've seen on the subject. Everyone is just too busy screaming at each other, and no one actually deals with the problem. This is the kind of creative thinking that we need.
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