[Congressional Record Volume 149, Number 116 (Thursday, July 31, 2003)]
[Senate]
[Pages S10673-S10674]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH (for himself, Mr. Durbin, Mr. Lugar, Mr. Leahy, Mr. 
        Craig, Mr. Feingold, Mr. Crapo, and Mr. Grassley):
  S. 1545. A bill to amend the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 to permit States to determine State 
residency for higher education purposes and to authorize the 
cancellation of removal and adjustment of status of certain alien 
students who are long-term United States residents; to the Committee on 
the Judiciary.

  Mr. HATCH. Mr. President, I rise today to introduce legislation that 
will help make the American dream a reality for many young people. 
``The Development, Relief and Education for Alien Minors Act,'' or 
``The DREAM Act,'' resolves immigration status problems that plague 
undocumented immigrants who came to our country as youths. It also 
removes barriers to education so that they are better equipped to 
succeed in our society.
  Each year, about fifty thousand young undocumented immigrants 
graduate from high school in the United States. Most of them came to 
this country with their parents as small children and have been raised 
here just like their U.S. citizen classmates. They view themselves as 
Americans, and are loyal to our country. Some may not even realize that 
they are here in violation of our immigration laws. They grow up to 
become honest and hardworking adolescents and young adults, and strive 
for academic as well as professional excellence.
  Many of these youngsters find themselves caught in a catch-22 
situation. As illegal immigrants, they cannot work legally. Moreover, 
they are effectively barred from developing academically beyond high 
school because of the high cost of pursuing higher education. Private 
colleges and universities are very expensive, and under current federal 
law, state institutions cannot grant in-state tuition to illegal 
immigrants, regardless of how long they have resided in that state. To 
make matters worse, as illegal immigrants, these young people are 
ineligible for federal tuition assistance. Moreover, these young people 
have no independent way of becoming legal residents of the United 
States.
  In short, though these children have built their lives here, they 
have no possibility of achieving and living the American dream. What a 
tremendous loss to our society.
  One young man who is in this predicament lives in my home State of 
Utah. His name is Danny Cairo. Danny came to the United States at the 
age of six with his mother who abandoned him eights years later. Danny 
had to drop out of school in order to support himself. Fortunately, he 
met Kevin King, who adopted Danny in 2001. With the help of Mr. King, 
Danny is presently attending the University of Utah.
  This story, however, does not necessarily have a happy ending. 
Because of the date of the adoption, Danny is unable to derive 
immigration status from Mr. King. He, therefore, lives in legal limbo 
and faces the threat of deportation daily. In addition, he may never be 
able to legally work in the United States.
  As Mr. King wrote to me, ``Danny is exactly what our country needs 
more of. He is a natural born leader with charisma and intelligence and 
a drive that will take him wherever he wants to go. But this will not 
be possible if Danny is unable to obtain permanent residency.''
  Our laws should not discourage those with bright young minds from 
seeking higher education. We should instead assist and encourage the 
many ``Dannys'' who are in the United States and who have the 
dedication and drive to achieve their worthy goals. I am proud that the 
DREAM Act provides illegal alien children with options for higher 
education, as well as the opportunity to earn legal residence in the 
United States.
  First, the DREAM Act repeals the provision of Federal law that 
prevents States from granting in-State tuition to undocumented aliens, 
leaving this issue at the discretion of the States. My own State of 
Utah passed a law that will allow in-State tuition for aliens who have 
been residents in Utah for at least three years. My States have either 
passed or are considering the passage of similar legislation.
  But the fact of the matter is that cheaper tuition at State schools, 
no matter how beneficial for these young people, will not solve the 
larger problem: their illegal immigration status. While I do not 
advocate granting unchecked amnesty to illegal immigrants, I am, 
however, in favor of providing children--children who did not make the 
decision to enter the United States illegally--the opportunity to earn 
the privilege of remaining here legally. The DREAM Act will do just 
that. It provides young men and women who immigrated to the United 
States prior to the age of sixteen, who have lived in this country at 
least five years, and who are of good moral character a chance to earn 
their conditional resident status upon acceptance by an institution of 
higher learning or upon graduation from high school. The DREAM Act 
allows these special young people to pursue their worthy goals and 
aspirations.
  The bill I am introducing today will extend DREAM Act benefits to a 
group of people who were excluded from a similar bill negotiated during 
the 107th Congress. Today's bill removes the age ceiling so that no one 
will be arbitrarily cut-off from benefits. Moreover, while the version 
from the last Congress requires high school graduation as a provision 
for obtaining legal status, the bill I am introducing today contains a 
provision that allows high school students who have been accepted into 
an institution of higher learning, but who have not yet graduated from 
high school, to obtain conditional resident status. This provision 
enables these high school students to get an earlier start on procuring 
the necessary funds for financing their education.
  Of course, we have to be mindful that the opportunity provided by the 
DREAM Act is a privilege and not an entitlement. We must make sure that 
those who reap the benefits of the Act are, in fact, worthy of such 
benefits. For this reason, the bill I am introducing today tightens 
certain requirements and eliminates waivers for those

[[Page S10674]]

who have serious criminal records that would qualify them for 
deportation.
  In addition, while I always want to encourage educational 
advancement, I recognize that not everyone's circumstances allow for 
full-time attendance at a four-year college. For this reason, the DREAM 
Act provides for certain alternatives like attending community college, 
trade school, serving in our armed forces, or performing community 
service.
  The purpose of the DREAM Act is to create incentives for out-of-
status youngsters to achieve as much as they can in life and to 
contribute to the greatness of the United States. I recognize that if 
the bill's requirements are so high that they simply operate as 
barriers to legalizing status, the bill defeats its own stated purpose. 
That is why I am committed to ensuring that the requirements imposed by 
this bill are reasonable and can be met by youngsters who are willing 
to work hard. The DREAM Act will enable youngsters who have ambition 
and motivation to obtain permanent legal status.
  During the 107th Congress, I introduced a version of the DREAM Act, 
S. 1291. Since then, it has been replaced in favor of the Durbin/Hatch/
Kennedy/Brownback substitute. The substitute was put on the Senate 
calendar but did not receive a vote. The House Judiciary Committee 
debated identical legislation during the last Congress but it was 
defeated. The House Judiciary Committee has not yet moved similar 
legislation this Congress. I want to make sure that the DREAM Act we 
introduce in the 108th Congress will not die in the hopper as it did in 
the House last year.
  By introducing this bill, I know I am subjecting myself to criticism 
from both sides of the aisle on my immigration policy. Some proponents 
of strict immigration enforcement argue that the DREAM Act will 
encourage illegal entry into the United States. However, the DREAM Act 
was carefully drafted to avoid this precise problem. The Act 
specifically limits eligibility to those who entered the United States 
five years or more prior to the bill's enactment. It applies to a 
limited number of people who already reside in the United States and 
who have demonstrated favorable equities in and significant ties to the 
United States. Anyone who entered the United States less than five 
years prior to the enactment of this bill or who plans to illegally 
enter the United States in the future will not be covered by the DREAM 
Act.
  On the other hand, proponents for providing general amnesty contend 
that there shouldn't be any requirements after high school graduation. 
I agree that for some of these children, graduation from high school is 
a grand enough accomplishment in itself. My bill recognizes this 
achievement by providing these graduates with the reward of conditional 
resident status so that they may work toward permanent status without 
fear of deportation.
  Nonetheless, some critics argue that most immigrant children cannot 
go to college, nor can they meet the standards set by the current 
version of the DREAM Act. They cite statistics showing that only a 
small percentage of illegal immigrant children ever attend college and 
they argue that this DREAM bill will benefit very few. What these 
critics overlook, however, is that without the DREAM Act, illegal 
immigrant children simply do not have the means nor the incentive to 
obtain a higher education. Since the DREAM Act will remove substantial 
obstacles to higher education, I am confident that many of the children 
who are currently illegal U.S. residents will seek higher education.
  Some critics also contained that these immigrant children do not have 
the aptitude to attend community college or trade school and that even 
joining the military or performing a few hours a week of community 
service is out of reach for them. To this criticism I stress that this 
is not only wholly inaccurate, but it is also an elitist attitude to 
which I cannot subscribe. Immigrant children, whether legal or 
otherwise, are no less capable than other children. They just need the 
opportunity to reach their potential.
  I also want to point out that everyone who was eligible for benefits 
under last year's bill will be eligible again this year. In fact, as I 
explained earlier, those who were left out of last year's bill are 
included in this year's bill. The only difference is that now, the 
applicant has to contribute more to American society before 
transitioning from conditional resident status to permanent resident 
status.
  I believe the DREAM Act will live up to its name. It will allow these 
illegal immigrant children the opportunity to not only dream of the 
infinite possibilities that their futures may hold in the United 
States, but it will also afford them the opportunity to realize their 
dreams. With the passage of the DREAM Act, the United States stands to 
benefit enormously. Once these children become legal residents of this 
Nation, they will prove to be motivated, hard-working, and educated 
contributors to our society. I am pleased and proud once again to work 
with Senator Durbin on this important legislation.
  Mr. DURBIN. Mr. President, today, my colleague Senator Hatch and I 
are again introducing legislation that would provide immigration relief 
to undocumented students of good moral character who want to pursue a 
better life for themselves and their families. It would benefit the 
American economy by unleashing the potential of these students, who 
have grown up in the U.S. and graduated from high school or obtained an 
equivalent degree. The DREAM Act is a bipartisan bill which has broad 
support in the Hispanic, religious and immigrant communities.
  Each year, approximately 50-60,000 undocumented children, including 
honors students and valedictorians, graduate from our nation's high 
schools or receive an equivalent degree. Many of these students were 
brought to the U.S. by their parents at an age when they were too young 
to appreciate the legal consequences of their actions. Despite long-
term residency in the U.S. and a demonstrated commitment to obtaining 
an education, these students have no avenue for adjusting their 
immigration status and it is very difficult for them to attend college 
or work. Instead, they face possible deportation.
  Although these young people are entitled to a free public education 
at the primary and secondary level, Federal law strongly discourages 
states from extending in-state college tuition rates to them. 
Additionally, they cannot legally work, are ineligible for federal 
tuition assistance, and have great difficulty obtaining private loans.
  These roadblocks to higher education hurt our society because we are 
deprived of future leaders, and the increased tax revenues and economic 
growth they would produce. Young people with great potential and 
ambitions are limited to the employment options available to those 
without a college degree. In fact, many of these students do not even 
finish high school, further limiting their options and ability to 
contribute to our economy, because they drop out of school once they 
realize that they will be unable to attend college.
  The DREAM Act would provide meaningful relief to many of these 
students. It would repeal a provision of federal law that makes it 
prohibitively expensive for states to grant post-secondary benefits, 
such as in-state tuition rates, to undocumented children. The bill 
would also provide an earned adjustment mechanism by which young people 
who are long-term U.S. residents may become lawful permanent residents.
  Approving this bill would give accomplished young people the 
opportunity to pursue the American dream. I urge my colleagues to 
support it.
                                 ______