[Congressional Record Volume 167, Number 126 (Monday, July 19, 2021)]
[Senate]
[Pages S4938-S4939]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DREAM ACT
Mr. DURBIN. Madam President, on a separate issue, I cannot imagine
what life would be like if I were a kid growing up in America, always
wondering if something I said, something I did, some action that was
taken by some member of my family would result in a knock on the door
and my family being torn apart, my father or mother being deported to
another country. But for hundreds of thousands of young people living
in America, that has been the reality of their childhood.
Most of them, brought to this country at a very early age--infants
and toddlers and young people--had nothing to say about the choice of
America as home, but they always assumed it was their home. They grew
up in this country, went to the schools, got up every morning in the
classroom and pledged allegiance to the flag, believing they were truly
Americans. It wasn't, for many of them, until their teenage years that
their parents sat down with them very quietly and solemnly told them:
You have a challenge in your life you didn't even realize. You are
undocumented. You were brought to this country by us as a little kid,
and you don't have any papers. If you are challenged, if you are
arrested, you could be deported. And the same thing might just happen
to your mother or your father.
I can't imagine, with all of the stress of childhood and adolescence,
having that worry as well. Yet, for hundreds of thousands of young
people, through no fault of their own, that was part of their lives.
That came to my attention 20 years ago, a case in Chicago, which I
have spoken about on the floor many times, where a young girl finally
realized at the end of high school the really stark choices she had in
her life, and she reached out to my office. We looked into the
situation. She was brought here to the United States, born in Brazil to
Korean parents, had no legal status in the United States and grew up
here. She wanted to know what to do with her life, what was next for
her.
The law was very harsh, but it was clear as well. At the age of 18,
our law said to Tereza Lee, a young Korean girl in Chicago, you have to
leave the United States for 10 years and petition to return. It didn't
seem right or fair or just to her, and so I introduced the DREAM Act.
That is when I came to realize Tereza's story was not unique. There
were thousands just like her. Over the last 20 years, I have met a lot
of them, an amazing group of young men and women who have done
remarkable things with their lives with limited resources and always
under the shadow of deportation.
The DREAM Act has been brought to the floor of the Senate five
different times and failed--not because it didn't win a majority but
because of the filibuster. So we have tried in those 20 years to get
something done, and we have had our really troublesome moments. I think
back to one of the worst.
Under the previous President, Donald Trump, DACA, a program created
by President Obama for these Dreamers, was really an issue from the
start that we begged President Trump to consider. President Obama, a
friend of mine and former colleague from Illinois, told me that he
spent an extra
[[Page S4939]]
hour in transition with President Trump in the White House, while Obama
was still President. It was supposed to last an hour; it lasted 2
hours. He said to me: I spent that last hour talking about DACA and
Dreamers, telling him how important it was to get this right, that
these young people deserved a chance, and he listened very intently.
President Obama said: ``I hope that he will help you when it comes to
these Dreamers.''
The first time I ever met Donald Trump was on his Inauguration Day as
President, not too far from here at a luncheon, and the first thing I
said to him was, I hope you will give those Dreamers a chance to become
part of America.
He said: Senator Durbin, don't worry. I am going to take care of
those Dreamers.
In the first year of his Presidency, he tried to abolish the DACA
Program and subject these Dreamers to deportation. It was a very dark
period. For many of them, they were despondent. Several of them said
they couldn't take it anymore, the pressure they were under to create a
life in America under the shadow of deportation and now have a
President who was really determined to make them leave America.
Well, the courts took a look at what President Trump had to do, all
the way up to the Supreme Court across the street. It was Chief Justice
Roberts who wrote the decision, which said the method that Donald
Trump's administration used to eliminate DACA was stricken as
``arbitrary and capricious.''
So there was a new lease on life and a new opportunity for them,
until Friday--when the Federal judge in Texas made the most recent
ruling. On Friday night, a Federal judge in Texas issued a ruling
declaring that the Deferred Action for Childhood Arrivals, or DACA, was
unlawful, and the judge blocked the Biden administration from approving
new DACA applications, a new setback for the Dreamers.
This decision was made in response to a lawsuit filed by Republican
State attorneys general. It was the culmination of a long campaign,
which included the action of President Trump, by Republicans to deport
the Dreamers. What is it about these young people that infuriates the
Republicans so much? Well, I will tell you what I found as I have come
to know them. They are some of the most amazing stories you could
imagine. Not just the threat that I mentioned earlier, the shadow of
deportation over their lives, but what they have done anyway--becoming
doctors and nurses and teachers and engineers, serving in our Army,
working for America in essential jobs in the midst of a pandemic. It is
an amazing group of people. It is just the kind of people we want and
need for the future of this country.
But let me state this unequivocally: The cruel and misguided decision
of this court will not stand. DACA is a lawful exercise of executive
prosecutorial discretion by the Department of Homeland Security. More
than 800,000 young people in our country have received DACA protection,
and they help save lives every day as nurses and doctors and first
responders. They contribute to our economy and our future as business
owners, engineers, and teachers. They are a vital part of our
communities as friends, family members, and loved ones. America is the
only home these Dreamers have ever known, and Congress has waited long
enough--in fact, it has waited too long to allow them to finally become
American citizens.
Friday's ruling is yet another reminder of the hell that these young
people have put up with over the past two decades. Under the Trump
administration, Dreamers endured one attack after another.
When former President Trump attempted to repeal DACA, it put hundreds
of thousands of young people at risk of being deported to countries
they didn't even remember.
When the Supreme Court ruled that the former President's repeal of
DACA was unlawful, he simply defied the Court's decision and stopped
DACA applicants from being approved. For months, President Trump
refused to reopen the program for new applicants despite the clear
direction of the U.S. Supreme Court. Approximately 300,000 of these
young people were unable to receive the protections they deserved
because of President Trump's unilateral, hateful action.
In response to a court order, DACA was finally reopened for the new
applicants in December, but now, just as the Biden administration is
processing these applications, the door was shut again in the Federal
court in Texas on Friday.
In the words of one Dreamer, Adonias Arevalo, ``It's such an
uncertainty, not to be able to plan my life.''
Thankfully, President Biden has vowed to appeal this decision, but we
need to prevent conservative judicial activists on the bench,
politicians in black robes, from striking down the President's lawful
efforts to protect Dreamers. Congress cannot wait any longer. America
cannot wait any longer. Senate Democrats need to provide a permanent
legislative solution for the Dreamers. We need to act swiftly.
I hope that my Republican colleagues with conscience will think long
and hard about whether they are going to stand in the way of the
Dreamers at this moment in history. We need their help, and not just
some halfhearted symbolic attempt but genuinely to give these young
people a fighting chance to make America a better nation.
To all the Dreamers out there, I promise you, we will work as hard as
necessary to get this job done as quickly as possible.
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