[Congressional Record Volume 159, Number 86 (Monday, June 17, 2013)]
[Senate]
[Pages S4503-S4507]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
THE DREAM ACT
Mr. DURBIN. Mr. President, last Saturday was the first anniversary of
a very historic day. On June 15, 2012, President Barack Obama announced
he would grant temporary legal status to immigrant students who arrived
in the United States as children. This status, known as deferred action
for children arrivals, or DACA, allows these young people to live and
work legally in America on a temporary basis without fear of
deportation.
June 15, 2012, is a day I will never forget. It was personal. It was
12 years ago that I introduced legislation known as the DREAM Act. This
bill gives immigrant students who grew up in this country a chance to
earn their citizenship. I have worked hard to pass this bill for 12
years. During that time it has been my honor to meet hundreds of the
young people who would be eligible for the DREAM Act.
I don't know when it started, but we started calling them, and they
called themselves, the DREAMers. They were brought to the United States
as children. They grew up in this country, and they have overcome some
amazing obstacles. They are tomorrow's doctors, engineers, teachers,
and soldiers. They are young people who will make America a better
country. But for most of their young lives they have been trapped in a
legal limbo, fearing that they could be deported away from their
families, away from their homes, away from the only country they have
ever called home with just a knock on the door. Yet they have developed
amazing lives with great potential.
Incidentally, we have already invested in them. They were educated in
America. They have a great potential to make this country even better
for the future generations. It just doesn't make any sense to walk away
from the talents they can bring to us.
In 2010, Senator Richard Lugar of Indiana and I joined together
across the aisle to ask the Obama administration to grant deferred
action to DREAMers. President Obama wanted to give Congress a chance to
act before using his Executive power, and he said: I know I have the
authority, but let's see if you can pass the DREAM Act.
We brought it to the floor of the Senate. I remember that day. If I
am not mistaken, it was a Saturday, and that gallery was filled. It was
filled with young people in caps and gowns who were watching the debate
on the floor of the Senate on the DREAM Act. We needed 60 votes because
we faced a Republican filibuster. We have always faced a Republican
filibuster.
Fifty-five Senators voted for it, which by most standards is a
sufficient majority, but not by the Senate standard. We fell five votes
short of defeating the filibuster.
I watched those students file out of those doors, and then I left the
floor of the Chamber. I walked downstairs to meet with them. There was
not a dry eye in the room. They had just watched their dreams disappear
right here on the floor of the Senate--five votes short.
The House, in which the Presiding Officer was serving, had already
passed the DREAM Act under the leadership of Speaker Nancy Pelosi,
Howard Berman, Zoe Lofgren, and especially my colleague from Illinois,
Luis Gutierrez. The House had risen to that challenge. We had our
chance and fell short by five votes.
After that Republican filibuster of the DREAM Act, President Obama
decided he needed to take charge. He established the deferred action
for childhood arrivals to give those DREAMers and the thousands like
them across the country a chance to come out of the shadows and be part
of America.
What has happened since then? In the last year more than 539,000 have
applied for DACA. So far about 365,000 applications have been granted;
140,000 applications are still being considered. I am proud to say my
home State of Illinois has the third most DACA applicants, more than
28,000, and the third most DACA recipients, approximately 23,000 young
people. It wasn't too surprising because shortly after the President
announced his program, Congressman Luis Gutierrez and I held a
gathering at the Navy Pier, which is kind of a seminal site in downtown
Chicago.
We invited those who wanted to apply for this deferred action. We
thought: What are we going to do if 400 or 500 people show up? Then we
were worried no one would show up. We didn't know what to expect. Well,
we knew the night before what was coming. The line started forming at
midnight. At midnight these families stood there--mom, dad, and their
son or daughter--waiting for a chance for that son or daughter to apply
for this decision by President Obama of deferred action.
Many times the parents were undocumented themselves and even risked
deportation by showing up. But the thought of saving a child in their
family and giving that child a chance was enough for them to take the
risk.
Well, it turned out over 12,000 people showed up. We were
overwhelmed. We couldn't even come close to processing the applications
that were involved. We knew then this was an idea whose time had come.
It is especially important to note the 1-year anniversary of
President Obama's announcement as we consider what is going on on the
floor of the Senate this week. We are debating comprehensive
immigration reform.
The reality is that DACA is overwhelmingly popular with the American
people. The American people--I have always trusted--have in their heart
of
[[Page S4504]]
hearts a goodness, an understanding, and a caring. They saw these young
people brought here as babies, infants, as little children, and they
knew they had not made the decision to come here, but their parents
made the decision to come here. If anybody did anything wrong, violated
any law, overstayed a visa, whatever the circumstances, it wasn't the
child, it was the parent. They understand the basic element of justice
not just in America but in life, and it is this: You don't hold a child
responsible for the wrongdoing of a parent. Most Americans understood
that and want to give these young people a chance.
On election day last year, Hispanic Americans voted overwhelmingly in
favor of President Barack Obama. There were many Republican Members of
Congress, including my good friend Senator John McCain of Arizona, who
heard that message loudly and clearly, and that--in no small part--is
why we are considering comprehensive immigration reform today. Within
this bill is the DREAM Act, and not just the DREAM Act, but the
strongest version of the DREAM Act that has ever been written.
It is also important to note what happened to the DREAMers in the
last year. These young Americans were finally able to work legally in
America and have already stepped forward to contribute their talents.
The Center for American Progress and the bipartisan Partnership for a
New American Economy has concluded that giving legal status to DREAMers
will add $329 billion to America's economy and create 1.4 million new
jobs by 2030. The economic benefit of legalizing 11 million
undocumented could be even greater.
According to the study by the Center for American Progress, if
comprehensive immigration reform becomes law, undocumented immigrants
will increase their earnings by 15 percent over 5 years, leading to
$832 billion in economic growth and $109 billion in increased tax
revenues--money that will be paid by the currently undocumented
immigrants who will become legally part of America in the next 10
years. It will also create an estimated 120,000 jobs every single
year--a growth engine. It always has been a growth engine in America.
This Nation of immigrants, when it builds on the strength and
commitment of newcomers, is a stronger and better Nation and continues
to lead the world. How could we have forgotten that lesson of history?
Conservative economist Douglas Holtz-Eakin recently concluded
immigration reform would actually reduce Federal deficits by $2.7
trillion, add a full percentage point to our economic growth, and raise
GDP per capita by approximately $1,700.
I started several years ago coming to the floor of the Senate to not
just speak about the DREAM Act but to tell the stories of DREAMers. It
was something I came to do because I finally witnessed their courage
and realized I had to share it here on the floor of the Senate. When I
first started talking about the DREAM Act and undocumented young people
who could be deported in a moment, torn away from their families and
their lives and sent to a place they could never remember, facing a
language they couldn't speak, they would very quietly wait until my
meeting was over and come out of the darkness by my car as I was
leaving and say, Senator, I am one of those kids who would be helped by
the DREAM Act. They didn't want anyone to see them for fear of being
deported. But over time they came to realize that standing up, with the
courage to tell their stories, they risked deportation but they put a
face on this issue. It wasn't some politician giving a speech, it was a
real life, and that is what they did. As they came forward to tell
their stories with their courage, I came to the floor of the Senate.
I wish to take a moment now to thank a man who is sitting to my
right, Joe Zogby. Joe has been a staffer on this issue from the
beginning, and when it passes I know he will celebrate just as I do,
understanding, as I do, the lives that will be impacted by this
decision if the DREAM Act becomes the law of the land.
These DREAMers are an amazing group. The stories I told on the floor
included DREAMers who grew up in 17 different States, from Arizona and
Texas in the Southwest, Missouri and Ohio in the Midwest, and North
Carolina and Georgia in the Southeast. These talented young people came
to America from all over the world--19 different countries
represented--and from every continent except Antarctica. Yet all of
them share something in common: America is their home. They are only
asking for a chance to give back to their home.
Today I wish to spend a minute or two to update the Senate on what
has happened to some of these DREAMers since they received DACA--this
deferred status--last year.
Angelica Hernandez was brought to America when she was 9 years old.
Two years ago, Angelica graduated from Arizona State University as the
outstanding senior in the mechanical engineering department with a 4.1
GPA. Angelica just finished her first year of graduate school at
Stanford University where she is working on a master's degree in civil
and environmental engineering with a focus on energy. Her dream is to
dedicate her career to developing renewable energy. After receiving
DACA, because of the President's Executive order, this summer Angelica
will work at Enphase Energy, a solar energy startup company.
This is Pierre Berastain. Pierre and his sister were brought to the
United States from Peru in 1998 when they were children. Pierre didn't
speak a word of English when he arrived in Texas, but he went on to
receive a bachelor's degree with honors from Harvard University. He is
currently pursuing a master's degree at Harvard Divinity School. Two
years ago, Pierre cofounded the Restorative Justice Collaborative, a
nonprofit organization which involves criminal offenders in the process
of repairing the harm they have done. Since he received DACA, Pierre
was awarded one of only 10 Harvard Presidential Public Service
Fellowships so he can expand this organization.
This is Carlos Martinez. Carlos and his brother were brought to the
United States when he was only 9 years old. He graduated with honors
with a bachelor of science degree in computer engineering from the
University of Arizona. Carlos received job offers from Intel, IBM, and
many high-tech companies, but he couldn't work because he was
undocumented. So he went on to get a master's degree in software
systems engineering at the University of Arizona. After receiving DACA,
Carlos is finally able to work in America as an engineer. This
Wednesday he will start a new job with IBM, a company that first tried
to hire him 6 years ago when he was undocumented. Out of more than
10,000 applicants who applied to IBM, Carlos Martinez was 1 of only 75
people they hired.
This is Nelson and Jhon Magdaleno. They came to the State of Georgia
from Venezuela when Nelson was 11 and Jhon was 9. Nelson and Jhon went
to Georgia Tech University, one of the most selective engineering
schools in America. Nelson graduated with an honors degree in computer
engineering and Jhon is currently an honor student majoring in chemical
and biomolecular engineering. After receiving deferred action, Jhon is
working at a biomedical engineering lab at Georgia Tech researching
glaucoma. He recently secured an internship with Eastman Chemical
Company. Nelson is now working at Texas Instruments, one of America's
top high-tech companies.
Ola Kaso was brought to the United States from Albania at the age of
5. What a superstar. Valedictorian of her high school class, she is now
a pre-med student in the honors program at the University of Michigan.
Her dream is to become a surgical oncologist. Can we use more of those?
You bet. In 2011, I invited Ola to testify at a hearing on the DREAM
Act. She was the first undocumented immigrant to openly testify before
the Senate. It took amazing courage for this young woman. After
receiving deferred action this spring, Ola interned in the office of my
colleague and friend Senator Carl Levin.
This is someone those following the debate may recognize: Tolu
Olubumni was brought to the United States from Nigeria when she was a
child. In 2002, Tolu graduated with a degree in chemical engineering
from Washington and Lee University in Virginia. For 10 years--10 years
after graduating from college--Tolu couldn't work as an engineer. She
spent her time working to pass the DREAM Act. Since receiving the
deferred action, Tolu is working as
[[Page S4505]]
an advocate for comprehensive immigration reform with the Center for
Community Change. Last week, Tolu was introduced to America. She had
the honor of introducing President Obama at a White House event on
immigration reform.
I met with the President last week. I asked him about those DREAMers.
He said they came into the Oval Office and met with him, and he said
there were tears in everyone's eyes as they realized the opportunity
these young people might finally get if we pass comprehensive
immigration reform.
This is Erika Andiola. Erika was brought to our country from Mexico
when she was 11 years old. She graduated with honors from Arizona State
with a bachelor's degree in psychology. Erika was the founder and
president of the Arizona DREAM Act Coalition, an immigration group
advocating for the passage of the bill. She received DACA and has since
been working in Congress. She is the district outreach director for one
of the Arizona delegation's newest members, Representative Krysten
Sinema.
Now I want my colleagues to meet Carlos and Rafael Robles. Carlos and
Rafael were brought to the United States as children. They grew up in
suburban Chicago in my home State of Illinois. They were both honor
students at Palatine High School and Harper Community College. Carlos
is now attending the University of Chicago majoring in education. With
DACA, Carlos can pursue his dream to become a teacher and he will have
the opportunity to student-teach in a suburban high school in the
Chicagoland area. Rafael is at the University of Illinois in Chicago
where he is majoring in architecture. After receiving DACA, he is
working at Studio Gang Architects, an award-winning architectural firm
in the great city of Chicago.
This is Jose Magana. Jose was brought to the United States from
Mexico at the age of 2. He graduated valedictorian of his high school.
He is the first member of his family to attend college. In 2008, he
graduated summa cum laude from Arizona State University with a major in
business management. He went on to graduate from Baylor University Law
School. After receiving DACA, Jose began working with the Mexican
American Legal Defense Fund, a leading civil rights organization. This
week, Jose will be sworn in as a member of the bar which he was unable
to do before President Obama's Executive order 1 year ago.
To hear the stories of these amazing young people is to realize the
benefits immigration has always meant for America. Imagine what will
happen when 11 million undocumented immigrants have the opportunity to
come out of the shadows and be part of America. Like these DREAMers,
they will be able to contribute even more to this country they worked
so hard to come to and worked so hard to stay in and now call home.
Legalization will unleash the earning potential for millions of people.
They will be able to pursue jobs and manage the skills they have
instead of working and being exploited in the underground economy. It
is the right thing to do and it will make America stronger.
It was so disappointing last week when the Republicans in the House
of Representatives passed an amendment to cut off funding for this
program. That is right. All of these young people who have received a
chance--the first chance ever to be part of America's future--would
have the program shut down by a vote last week in the House of
Representatives. Supporters of this amendment want to deport these
young people. They make no bones about it. They believe they should
leave. Their belief is that if these DREAMers are forced out of the
country and deported to some other country, we will be a stronger
Nation because of that. What are they thinking, to lose people such as
Carlos Martinez and Tolu Olubumni? These young people can make a
positive difference for America. It is shameless, absolutely shameless,
to play with the lives of these young people. These are people who need
a chance. They don't need to be the victims of some political gambit.
It would be bad for America's future if they leave. We couldn't
possibly be stronger if Angelica Hernandez could not continue to work
on future renewable sources of energy and Ola Kaso could no longer be
the researcher in cancer she wants to be.
The answer is clear: We need to pass comprehensive immigration reform
on a bipartisan basis right here in the Senate. We have waited way too
long. For over 25 years this broken immigration system has not done
these people justice nor has it done America justice.
During the next 2 weeks the Senate will conclude one of its most
historic debates on comprehensive immigration reform. It has been over
4 months that I have been actively involved in this Gang of 8--four
Democrats and four Republican Senators. We have had over 30 sitdown
meetings, face to face. Many of them went smoothly, as did the
discussion of the DREAM Act; some of them not so smoothly. We
disagreed, and some of the disagreements were pretty vocal. At the end
of the day, though, we realized we had a larger responsibility that
went beyond any single difference of opinion we might have. We reached
a bipartisan agreement. Now the question is, can the Senate hold that
agreement together, on the floor of the Senate, when the amendment
process begins, and next week when we face a vote.
The values and principles that underlie this agreement are
fundamental and critical. They include a path to citizenship not only
for these young people but for many of their parents. They have to come
out of the shadows, up to 11 million of them, and identify themselves
to a government they have feared their whole lives. They have to
register with this government and then submit themselves to a criminal
background check. If they are found to have a serious problem in their
background, they are gone. They don't have a chance to become legal in
America. But if they pass that background check, they have to pay a
substantial fine, pay their taxes, and then learn English and be
monitored during the course of 10 years--10 years--in probationary
status. During that period, they can work legally in America--they
won't be deported--and they can travel without fear of being stopped at
the border. Then, at the end of 10 years, if they have met all of the
standards, all of the scrutiny, if they have paid the fines and paid
their taxes, they will have a chance for a 3- to 5-year path to
citizenship. It is a long process. For many of them, it will be a great
sacrifice, but they have offered great sacrifices with their lives
already.
On the other side, we have agreed with our Republican colleagues to
do even more in our power to make sure our border with Mexico is as
strong as humanly possible and to make certain our immigration system
is changed so we don't face this debate every 5, 10, or 25 years.
I think it is a good bill. There are parts of it I am very proud of,
some parts of it I do not like at all, but that is the nature of a
compromise, that is how you get something done.
I look around this institution, and I realize how important this
issue is, but I also realize how important this issue is to the Senate.
If I asked the people of America, what do you think about Congress
these days, I think I would know the answer. Somebody said our approval
rating just broke double digits again. We are up to 10 percent of the
American people who think we might be worth having. That must include a
lot of our relatives and close friends that we made it up to 10
percent.
We better prove something on the floor of the Senate over the next 2
weeks. We better prove that we can work together, Democrats and
Republicans; that we will not break down and fall apart over one issue
or the other; that we will keep our focus on getting this job done.
Then we need to turn to our colleagues and friends in the U.S. House
of Representatives and tell them they face the same historic
responsibility we faced. I have heard a lot of speculation about what
might happen in the House. Let's just focus on the Senate for the next
2 weeks. Let's do our part and do our job and let the American people
witness this process as it should be. If we are successful at the end
of next week and pass this legislation, then let the American people
speak up to the Members of the House of Representatives. Let them hear
from their districts and the people they represent what they feel about
the importance of this issue when it comes to immigration reform. I am
confident, as I said
[[Page S4506]]
earlier, that deep in their hearts, the American people are good
people, they know our roots, they know our story, they know our origin.
I stand here today as the son of an immigrant. My mother came to this
country at the age of 2. She was a DREAMer in her day. Her mom brought
her to the Port of Baltimore, put her on a train, and they linked up
with my grandfather in East Saint Louis, IL. Upstairs in my office is
my mother's naturalization certificate. It is proudly displayed because
I want people to know who I am and where I came from. It is my story,
it is my family's story, but it is America's story that the son of an
immigrant can be standing on the floor of the Senate representing the
great State of Illinois and speaking to the next generation of
immigrants to America and the difference they can make.
This is our opportunity. We know America will be a stronger and
better nation when we do it.
Thank you, Mr. President.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. SESSIONS. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. King). Without objection, it is so
ordered.
Mr. SESSIONS. Mr. President, last week I gave remarks on the floor
that pointed out that promises made that the immigration bill before us
was a significant move toward merit-based immigration and away from
chain immigration--I dealt with that subject. I am not aware that any
of my comments have fundamentally been disputed.
The fact is that 30 million people will be given legal status as an
immigrant on a pathway to citizenship over the next 10 years--that 30
million is three times the current legal flow of 1 million a year,
which would be 10 million a year. It would triple the number of people
put on a path to permanent legal residence and citizenship. Only 2.5
million of those would be admitted under this new, small, actually
weak, merit-based section of the bill. This is nowhere close to the
truly effective and popular merit-based immigration system which Canada
adopted a decade--maybe more--ago and which is being followed and
adopted in other developed countries around the world.
Evidence has also been introduced that nonimmigrant guest workers--
that is, those who come not for immigration, to be a citizen and be
permanent, but come to work for a period of time and return home--that
group of workers will double under the legislation that is before us
over current law.
All of this is at a time of persistently high unemployment and when
virtually all serious academics, economic experts agree that such a
huge flow will depress wages of our middle-class workers and increase
unemployment. Politicians blithely claim otherwise, but Professor
Borjas at Harvard and the Federal Reserve in Atlanta and others have
studied this, and they show otherwise with in-depth economic research.
There is a long list of other promises. The reason I raise this is
because these were promises that we are going to improve the working
conditions of Americans, we are going to shift to a merit-based system.
That is not correct.
There are other promises. I made a speech and so have others that
have clearly demonstrated that the triggers in the bill do not work.
The triggers are supposed to say: You do not get legal status or you do
not get green card status until these law enforcement issues are fixed,
until the illegality is fixed. The triggers are ineffective. That has
been documented. It really is not disputable, in my opinion. All the
Secretary of Homeland Security has to do is to submit a plan that she
says will work. It does not require any fencing or any other actions
specifically. And she gets to determine whether it is working. If it
does not meet the standards according to the Secretary, then a border
commission is established, but the border commission has no power. It
can only issue a report, and it dissolves in 30 days. So these promises
that we have a very tough plan that is guaranteed through a series of
triggers are not so.
Today I will talk about the DACA program and how that has undermined
law enforcement. Surely we can agree that congressional legislation is
more than salesmanship, it is more than puffing, it is more than
promises. Surely it represents a bill and a bill that must be read.
The words of legislation are not a mere vision designed to touch our
hearts. It is not something that the sponsors can come in and say: We
believe the American people are correct. They want A, B, C, and D. We
have a bill that does it. And then nobody reads the bill to determine
whether it does it. So that is what I have been trying to do.
Congress and the good American people do want to solve our
immigration problems--problems that our politicians and government
leaders have messed up for 30 years. The American people have pleaded
with Congress to fix this system for 30 years. Congress has failed to
do so. They continue to promise to do so but do not. Now, that is a
fact.
But legislative language is the real thing. Legislation is not a
vision. Legislation has power--power to fix our broken system or power
to allow the lawlessness to continue. Thus, it is legislation, not
spin, that we will be voting on. A promise made by a gang is of no
value if the bill language does not produce the results they promise.
So that is the rub. That is the problem we face.
Presumably there are ads running this very day which claim to be
sponsored by conservative voices, founded by Mr. Zuckerberg of
Facebook, no conservative to my knowledge, featuring Senator Rubio
urging the passage of the bill. Indeed, Mr. Zuckerberg created a front
group that is on the advertisement--they are called Americans for a
Conservative Direction, that purports to be reflective of conservative
thinking in America.
I think that is a bit odd. It is odd right now that Senator Rubio,
who is still talking to the American people on those ads and to my
constituents in Alabama, is saying all of this on the ad when he has
already said the bill is flawed and he cannot vote for it in its
current circumstance. I think that advertisement ought to be pulled.
Worse, virtually everything in the ad, especially in the voiceover--
not Senator Rubio--but the voiceover is false. It is not an accurate
description of the legislation, what it does, how it will work. It is
just not. If it was, I would be intrigued by this legislation and would
be interested in thinking it should set sort forth a framework that
most Americans agree would be a basis for immigration reform.
So conservatives should be careful, no matter how sincere, in being
part of promoting legislation that we do not fully understand or will
not do what it claims it will do. A commitment to truth is a
conservative value. I like all of the Gang of 8 members personally. I
have worked with them for a number of years. I truly admire Senator
Rubio. He is a fantastic new Member of the body. I understand the goals
they articulate and would support most of those goals. So it is no
pleasure for me to raise these uncomfortable points.
But at this very minute, Mark Zuckerberg and his supporters are
running these ads promoting legislation as doing something I do not
believe it does. I think we should be working on that. I know we have
had a number of our colleagues, another one of my good friends this
weekend pronounced a political doctrine of the death spiral of the
Republican Party. I have to tell you, we have a lot of people who make
political prognostications. But the truth is who knows what political
issues will dominate in 2016 or 2020 or 2030.
Mr. President, is there a time agreement?
The PRESIDING OFFICER. Each Senator has 10 minutes to speak.
Mr. SESSIONS. Thank you. I did not realize that. How much time is
remaining?
The PRESIDING OFFICER. The Senator has 1 minute.
Mr. SESSIONS. I thank the Chair.
The best politics, in my view, is to do the right thing for the right
reason and to be able to explain what one is doing cogently and
honestly to the American people, and then the people will decide. If
they do not like your decisions over a period of time you are out. So
be it.
[[Page S4507]]
Is that not the way the system is supposed to work?
It is not wrong to give respect to the opinions of the American
people, to ask what they think about issues and how they react to
issues. There is nothing wrong with that. Actually, we should do that.
But it is not right to poll a large and complex issue to find out what
people want and then propose legislation that you say fulfills their
desires, when the legislation does not fulfill those desires.
That is not the right thing to do, to promote good policy in America.
As a matter of fact, polls show the American people want enforcement
before amnesty by a 4-to-1 margin. Polls also show a clear majority
actually favor a lower legal flow or the same amount of legal flow into
our country from immigration.
The PRESIDING OFFICER. The Senator's time has expired.
Mr. SESSIONS. They do not favor the huge increase of legal flow that
is called for in this bill. Maybe later I will be able to talk about
some of the difficulties of enforcement under current law.
I yield the floor.
The PRESIDING OFFICER. The Senator from Connecticut.
____________________