[Congressional Record Volume 156, Number 162 (Thursday, December 9, 2010)]
[Extensions of Remarks]
[Pages E2104-E2105]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    DEVELOPMENT, RELIEF, AND EDUCATION FOR ALIEN MINORS ACT OF 2010

                                 ______
                                 

                               speech of

                  HON. HENRY C. ``HANK'' JOHNSON, JR.

                               of georgia

                    in the house of representatives

                      Wednesday, December 8, 2010

  Mr. JOHNSON of Georgia. Mr. Speaker, thank you for bringing my bill 
to the floor today. The ``Removal Clarification Act of 2010'' will 
enable federal officials to remove cases filed against them to federal 
court in accordance with the spirit and intent of the federal officer 
removal statute.
  Under the federal officer removal statute, federal officers should be 
able to remove a case out of State court and into federal court when it 
involves the federal officer's exercise of his or her official 
responsibilities.
  However, some courts have found that federal officers cannot remove 
to federal court when pre-suit discovery motions are made.
  This bill will clarify that a federal officer may remove any legally 
enforceable demand for his or her testimony or documents, if the basis 
for contesting the demand is related to the officer's exercise of his 
or her official responsibilities.
  When I brought this bill to the House floor in July, I explained that 
the bill will not result in the removal of the entire case when a 
federal officer is served with a discovery request.
  The language added by the Senate strengthens the premise on which we 
had been operating: that this new law will not create a vehicle to 
unnecessarily drag entire cases into federal court when the only hook 
is that a federal officer has been served with a discovery request.
  I would be remiss if I did not also express my support for the DREAM 
Act.
  Mr. Speaker, this bipartisan legislation addresses the tragedy our 
young undocumented people face when, through no fault of their own, 
their lack of status may prevent them from attending college, joining 
the military, or working legally in the only home they have known--the 
United States of America. This bill will give hard-working, English-
speaking, young men and women a chance to fulfill their aspirations by 
contributing to America's economic prosperity and security.
  The DREAM Act ensures that no child in America is denied his or her 
dream of having a better life if he or she is willing to work hard for 
one. Each year, about 65,000 undocumented students, raised in the 
United States, graduate from high school. These graduates are young 
people who have lived in the United States for most of their lives. 
They are honor roll students, athletes, aspiring teachers, doctors, 
business owners, and soldiers. Unfortunately, these graduates face a 
roadblock to their dreams--they cannot enroll in college, legally work 
to spur economic growth and pay taxes to contribute to our society, or 
join the military to defend our country. In some instances, these youth 
grow up here without even knowing they do not have legal status until 
they find out that they cannot attend college, work, or enlist in the 
military.
  I am pleased that Congress is moving forward with this bill which is 
the solution to these problems. The DREAM Act is a narrowly tailored 
legislative remedy for a specific population--undocumented students who 
were brought to the United States as minors, and have attended and 
completed elementary and secondary education in the United States. It 
is a great first step towards the overall goal of comprehensive 
immigration reform.
  It is important to understand that the DREAM Act offers no incentive 
for undocumented individuals to enter into the United States. It does 
not provide any benefit for undocumented individuals who are not 
already here at the time of its passage. It does not require states to 
provide any benefits to undocumented students, nor does it make these 
students eligible for federal financial aid. The bill gives states the 
option to offer in-state tuition to students registered under the Act, 
but it does not guarantee cheaper tuition. The DREAM Act allows 
undocumented students to access in-state tuition, but only if they 
would otherwise qualify for such tuition, and if state law permits 
undocumented students to receive in-state tuition. This bill would not 
require states to change their laws to permit undocumented students the 
right to receive in-state tuition.
  Specifically, the DREAM Act would allow undocumented students a 
pathway to citizenship if they were brought to the United States

[[Page E2105]]

before they turned 16, and are below the age of 35; have lived here 
continuously for five years; graduated from high school or obtained a 
GED; have good moral character with no criminal record; and complete at 
least two years of college or military service.
  The benefits to our country's economy and budget will be enormous 
with the passage of the DREAM Act. In fact, the Congressional Budget 
Office estimates that this legislation will reduce the deficit by $1.4 
billion over the next decade. The increase in authorized workers would 
affect individual and corporate income taxes. These changes would 
increase revenues by $2.3 billion over ten years according to the 
Congressional Budget Office and Joint Committee on Taxation. 
Additionally, a 2010 study by the UCLA North American Integration and 
Development Center found that DREAM Act beneficiaries would earn 
between $1.4 trillion and $3.6 trillion over the course of their lives.
  According to the Immigration Policy Center, there are an estimated 
2.1 million undocumented individuals in the United States who might be 
eligible for legal status under the DREAM Act. In my home state of 
Georgia, there are 74,000 undocumented young people who could 
potentially benefit from the passage of the DREAM Act.
  This legislation is of the utmost importance to me because Georgia is 
one of the top ten states with the largest number of DREAM Act 
beneficiaries. The time to act on this bill is now; the students in 
Georgia cannot afford to wait any longer. South Carolina has banned 
undocumented youth from attending public colleges and, unfortunately, 
it looks like Georgia might follow suit. Earlier this year, in October, 
Georgia's state board of regents voted to ban illegal immigrants from 
the University of Georgia, Georgia Tech, Georgia State University, 
Medical College of Georgia, and Georgia College & State University.
  Undocumented immigrants who were brought to the United States as 
children should not be penalized for a decision that was not theirs. In 
the long-run, the acceptance and inclusion of young immigrants who 
arrived as children is a decent and just goal.
  As a Member of the Armed Services Committee, I know the importance of 
having an adequate military to protect our freedoms at home and abroad. 
Our military would benefit from the passage of the DREAM Act. Millions 
of talented youth will be ready to serve our country, and would assist 
the military in its recruiting efforts. In fact, the DREAM Act was 
included as part of the Department of Defense's 2010-2012 strategic 
plan by the Office of Personnel and Readiness.
  By providing undocumented youth with the opportunity to enhance their 
education and career readiness, our country will reap enormous economic 
and cultural benefits.
  Yesterday, I spent a good part of my day helping a potential Dreamer 
beneficiary in my district: Allison Hernandez Sanchez. His parents 
brought him from Mexico in 1994 when he was five years old. This young 
man attended Miller Grove High School and graduated in 2009. He was an 
athlete and played the saxophone in the band.
  Like many other undocumented talented young men and women, he had 
plans to continue his education. However, on October 11, 2010, due to a 
minor traffic incident, he was detained for not having proper 
documentation. He was immediately placed in deportation proceedings.
  This young man had no criminal background. Not only was he a student, 
but a son, friend and brother. Because of the state of current laws, 
Allison is unable to follow his dreams and attend college. Allison, 
like many other undocumented youth, calls the United States home, 
because it is the only home he knows.
  Unfortunately, Allison is not alone. Young men and women across the 
United States belong in colleges, the workforce, and the military--not 
in detention centers. They are ready to serve their country, to become 
productive citizens, to offer their talents and skills to make the 
United States a better country for all of us. They should not be 
treated as criminals. No child should go through this experience when 
they did not make the decision to come to this country. They should not 
be held accountable for a choice that was never theirs to make. They 
deserve an opportunity to stay and invest in the United States of 
America.
  I am proud to have joined more than 130 Members of Congress in 
cosponsoring this legislation that will help Allison and millions of 
other undocumented youth across the country. The DREAM Act was 
initially introduced in 2001, and it is definitely time to do what is 
right by bringing this bill to the floor for final passage. The time to 
pass this bill is now. Our military cannot afford to reject another 
qualified recruit. America's economy cannot afford to turn away a new 
entrepreneur to bring economic prosperity, a good teacher to educate 
our children, or a medical researcher that could create a cure for 
cancer or HIV.
  I am glad that Congress is acting now so that today's dream can 
become tomorrow's reality. I thank Representatives Berman, Diaz-Balart, 
and Roybal-Allard in their leadership in moving this bill forward. 
Speaker Pelosi, I thank you for working tirelessly to bring this bill 
to the floor for a vote.

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