[Congressional Record (Bound Edition), Volume 153 (2007), Part 13]
[Senate]
[Pages 18935-18937]
[From the U.S. Government Publishing Office, www.gpo.gov]




                               DREAM ACT

  Mr. DURBIN. Mr. President, last month we had a controversial and 
spirited debate over immigration. It went on for several weeks on the 
floor of the Senate, and many Members of the Senate thought about it 
and voted one way or the other.
  The net result is that nothing happened. That is unfortunate. 
Everybody concedes our immigration laws have broken down. About 600,000 
illegal people come into the United States each year and stay. Over 20 
years, we now have 12 million people. The number continues to grow.
  The lure of the United States is overwhelming. It is a lure which 
brought my grandparents and my mother to this country as immigrants. 
They wanted to be part of America. They were willing to leave their 
village in Lithuania and the comfort there for an opportunity. They 
came here, struggled and sacrificed, as immigrants do. They became 
Americans, and I think in a small way our family has made a difference 
in this country.
  Now, repeat that story millions of times, and that is who we are as a 
nation. We are people who were unhappy, dissatisfied with what we had, 
saw America as a better chance, and came here.
  People continue to come here. Our borders cannot hold them back at 
this moment. So we debated about making those borders stronger, having 
more enforcement in the workplace. We debated about: How many workers 
do we need each year to pick our crops and do our work, in addition to 
the American workforce? And what will we do with the 12 million who are 
here?
  It was a big bill. The debate went on for 3 weeks, which is a long 
time by Senate standards. At the end of the debate, we could not pass 
it. We did not have the 60 votes. We were not even close. We had 46 
votes cast in favor of comprehensive immigration reform.
  There were aspects of that bill, though, that we should not abandon. 
There were parts of it we have to return to. I think we need to return 
to enforcement so our borders are safer, so there are fewer 
undocumented immigrants crossing into the United States. I think we 
need enforcement in the workplace to make sure employers meet their 
responsibilities.
  But there are several other parts of the bill which we cannot ignore 
either. Senator Dianne Feinstein of California has been a leader on the 
issue of agricultural workers. In her bountiful State, the fruits and 
vegetables will, frankly, spoil in the fields if they do not bring in 
workers to pick them and harvest them. Americans are not lining up for 
these jobs. They are hard, dirty, sweaty, tough jobs. Immigrants will 
come and do it. They have done it before. She is trying to permit the 
ag workers, under the law, come and do this work. Otherwise, we are 
going to lose a lot of our agriculture in America.
  There is another aspect of the law which is near and dear to me. 
Consider someone undocumented or illegal who comes to the United States 
and brings a child. It happens. That child may come at a very early 
age, maybe a baby in arms, or 1 or 2 years old, and that child will be 
raised in the United States, go through school, and reach a point in 
their life where they do not know any other place but America. They did 
not choose this country. Their parents chose it. They did not come here 
because of any thought about being illegal. They came here with their 
families.
  What I tried to do several years ago was to write a law to take into 
consideration these young people. It is called the DREAM Act. The DREAM 
Act was a part of this comprehensive immigration reform bill. Here is 
what it says: If you came to the United States before

[[Page 18936]]

the age of 16, if you have lived in this country for at least 5 years, 
if you graduate from high school, and then if you will complete either 
2 years of college or 2 years of service in the military, we will give 
you an opportunity for legal status in America.
  I have met these kids--young men and women. What a waste it would be 
to turn them away. Currently, that is all our law can do--to say to 
them: If your parents were undocumented and illegal, you have no place 
in America. At a time when we are importing talent and labor from other 
places, why would we turn these young people away?
  First, they beat the odds. Only half, for example, of undocumented 
kids graduate from high school. These kids have to graduate from high 
school to even have a chance to become legal.
  Second, they are going to do more with their lives. That is why I 
wanted to raise the issue very briefly this morning.
  On the floor of the Senate, when we return next week, we will resume 
consideration of the Defense authorization bill. It turns out that many 
in the Department of Defense believe, as I do, that the DREAM Act is an 
important part of making certain we have talented young men and women 
ready to serve in our military. I have spoken to people at the 
Department of Defense who support the idea of the DREAM Act. I think we 
ought to include it in the Defense authorization bill. I hope to have 
that opportunity.
  For the tens of thousands of young people across America who want a 
chance to be part of America, to contribute to America, the DREAM Act 
is their opportunity. They have to work their way into it. They have to 
prove themselves or they will not have a chance.
  The nice thing about this amendment is both sides of the aisle agree 
on it. We have strong bipartisan sponsorship of this amendment. Senator 
Chuck Hagel, Republican of Nebraska; and Senator Dick Lugar, Republican 
of Indiana; are cosponsors. They agree with me that this is a good move 
forward and encourage Congress to consider it.
  I hope when we return to the Defense authorization bill we can make 
the DREAM Act part of that bill. Certainly, it is going to help our 
defense and help our military. I think it is going to help America even 
beyond that.
  Those young men and women, given a chance to serve in the military, 
will be citizens of this country someday who will make an important 
contribution, as all of our veterans do. Those who choose to go to 
college are on a path to becoming tomorrow's doctors and nurses and 
researchers and businesspeople--the kind of energy every society needs 
and the kind of energy that has built this great country we have today.
  Mr. President, as I said, I rise to speak about legislation known as 
the DREAM Act, which I hope to offer as an amendment to the Defense 
authorization bill.
  The DREAM Act is a narrowly tailored, bipartisan measure that I have 
sponsored with Republican Senator Chuck Hagel of Nebraska and 
Republican Senator Dick Lugar of Indiana.
  I want to thank the cosponsors of this amendment, all of whom are 
also cosponsors of the DREAM Act: Senators Hagel, Lugar, Leahy, Obama, 
Lieberman, Feinstein, Kerry, Feingold, Clinton, Bayh, Menendez, Murray, 
Boxer, and Cantwell.
  The DREAM Act would give a select group of undocumented students the 
chance to become permanent residents if they came to this country as 
children, are long-term U.S. residents, have good moral character, and 
enlist in the military or attend college for at least 2 years.
  The DREAM Act is supported by a broad bipartisan coalition in the 
Senate, and by military leaders, religious leaders, and educators from 
across the political spectrum and around the country.
  During the 109th Congress, the DREAM Act was adopted unanimously as 
an amendment to immigration reform legislation that passed the Senate. 
In the 108th Congress, the DREAM Act was the only immigration reform 
proposal reported to the Senate floor, on a bipartisan 16-to-3 vote in 
the Judiciary Committee.
  And the DREAM Act was included in the immigration bill that was 
considered on the Senate floor last month.
  Some people might ask why the Senate should revisit immigration again 
and whether an immigration amendment should be included in the Defense 
authorization bill. The answer is simple: The DREAM Act would address a 
very serious recruitment crisis that faces our military.
  Under the DREAM Act, tens of thousands of well-qualified potential 
recruits would become eligible for military service for the first time. 
They are eager to serve in the Armed Forces during a time of war. And 
under the DREAM Act they would have a very strong incentive to enlist 
because it would give them a path to permanent legal status.
  Let me begin by explaining the recruitment crisis that faces the 
Defense Department today.
  Largely due to the war in Iraq, the Army is struggling to meet its 
recruitment quotas.
  Just yesterday, the Army announced that it had missed its recruiting 
goal for June. The Army fell more than 1,000 recruits short of its 
monthly quota of 8,400. And this is the second straight month that the 
Army has missed its recruitment target.
  Because of these recruitment difficulties, the Army is accepting more 
applicants who are high school dropouts, have low scores on the 
military's aptitude test, and have criminal backgrounds.
  The statistics speak volumes. In 2006, almost 40 percent of Army 
recruits had below average scores on the military aptitude test. That 
is the highest rate since 1985.
  In 2006, almost 20 percent of Army recruits did not have a high 
school degree. This is the highest rate of high school dropouts 
enlisting in the Army since 1981. By comparison, from 1984 to 2004, 90 
percent or more of Army recruits had high school diplomas.
  Why does this matter? The Army says high school graduation ``is the 
best single predictor of stick-to-it-iveness'' that is required to 
succeed in the military.
  And Charles Moskos, a Northwestern University sociologist who is an 
expert in military culture, said ``the more dropouts [who enlist], the 
more discipline problems'' the Army is likely to have.
  Even more disturbing, the number of so-called moral waivers for Army 
recruits who have committed crimes has increased by 65 percent in the 
last 3 years, from 4,918 in 2003 to 8,129 in 2006. Many of these 
waivers are for serious crimes such as aggravated assault, burglary, 
robbery, and vehicular homicide.
  In fact, individuals with criminal backgrounds were 11.7 percent of 
the 2006 recruiting class.
  In contrast, under the DREAM Act, all recruits would be well-
qualified high school graduates with good moral character.
  Let me explain in more detail how the DREAM Act would work.
  Currently, our immigration laws prevent thousands of young people 
from pursuing their dreams and fully contributing to our Nation's 
future. Their parents brought them to the United States when they were 
children. For many, this is the only home they know. They are fully 
assimilated into American society and they want nothing more than to be 
Americans.
  They have beaten the odds in their young lives. The high school 
dropout rate among undocumented immigrants is 50 percent compared to 21 
percent for legal immigrants and 11 percent for native-born Americans.
   These children have demonstrated the kind of determination and 
commitment that makes them successful students and points the way to 
the significant contributions they will make in their lives. They are 
junior ROTC leaders, honor roll students, and valedictorians. They are 
tomorrow's soldiers, doctors, nurses, teachers, and Senators.
  Over the years, I have met many of these DREAM Act kids, as they call 
themselves. Let me give you one example. Oscar Vasquez was brought to 
Phoenix, AZ, by his parents when he was 12.

[[Page 18937]]

  Oscar is a born leader and was naturally drawn to the military. He 
spent his high school years in Junior ROTC, and dreamed of enlisting in 
the military. At the end of his junior year a recruiting officer told 
Oscar that he was ineligible for military service because he was 
undocumented.
  Oscar was devastated, but he found another outlet for his talent. Two 
energetic science teachers had enrolled Oscar's high school in the 
college division of a robot competition sponsored by NASA.
  Oscar and three other undocumented students worked for months in a 
windowless storage room in their high school, and tested their 
invention at a scuba training pool on the weekends. Competing against 
students from MIT and other top universities, Oscar's team won first 
place in the robot competition.
  Oscar has since graduated. He hangs sheetrock for a living; it is the 
best job he could get without a college education or the opportunity to 
enlist in the military. He hopes to save his money and study 
engineering at Arizona State University some day.
  Couldn't America use Oscar's talent? Couldn't our military use 
someone like Oscar?
  The DREAM Act would help students like Oscar. It is not an amnesty. 
It is designed to assist only a select group of young people who would 
be required to earn their way to legal status.
  The fundamental premise of the DREAM Act is that we should not punish 
children for mistakes that their parents made. That is not the American 
way.
  The DREAM Act says to these students: America will give you a chance. 
We will give you the opportunity to earn your way to legal status if 
you meet the following requirements: came to the United States when you 
were 15 or younger; have lived here for at least 5 years; have good 
moral character; graduate from high school; and serve in the military 
or attend college for at least 2 years.
  The DREAM Act doesn't mandate military service. A student who is 
otherwise eligible could earn legal status by attending college. It 
would be inconsistent with the spirit our volunteer military to force 
young people to enlist as a condition for obtaining legal status.
  But the DREAM Act creates a strong incentive for military service. 
And many DREAM Act kids come from a demographic group that is already 
predisposed towards military service. A 2004 survey by the Rand 
Corporation found that 45 percent of Hispanic males and 31 percent of 
Hispanic females between ages 16 and 21 were very likely to serve in 
the Armed Forces, compared to 24 percent of White men and 10 percent of 
White women.
  It is important to note that immigrants have an outstanding tradition 
of service in the military. There are currently 35,000 noncitizens 
serving in the military, and about 8,000 more enlist each year.
  A recent study by the Center for Naval Analyses concluded:

       Non-citizens have high rates of success while serving [in 
     the military]--they are far more likely, for example, to 
     fulfill their enlistment obligations than their U.S.-born 
     counterparts.

  The study also concluded that there are additional benefits to 
enlisting noncitizens. For example, noncitizens ``are more diverse than 
citizen recruits--not just racially and ethnically, but also 
linguistically and culturally. This diversity is particularly valuable 
as the United States faces the challenges of the Global War on 
Terrorism.''
  The DREAM Act is not just the right thing to do; it would be good for 
America. The DREAM Act would allow a generation of immigrant students 
with great potential and ambitions to contribute to the military and 
other sectors of American society.
  The Pentagon recognizes that. We have worked closely with them on the 
DREAM Act.
  Bill Carr, the Acting Undersecretary of Defense for Military 
Personnel Policy, recently said that the DREAM Act is ``very 
appealing'' to the military because it would apply to the ``cream of 
the crop'' of students. Mr. Carr concluded that the DREAM Act would be 
``good for [military] readiness.''
  And last year, at a Senate Armed Services Committee hearing on the 
contributions of immigrants to the military, David Chu, the 
Undersecretary of Defense for Personnel and Readiness, testified as 
follows:

       There are an estimated 50,000 to 65,000 undocumented alien 
     young adults who entered the U.S. at an early age and 
     graduate from high school each year, many of whom are bright, 
     energetic and potentially interested in military service. 
     They include many who have participated in high school Junior 
     ROTC programs. Under current law, these young people are not 
     eligible to enlist in the military. . . . Yet many of these 
     young people may wish to join the military, and have the 
     attributes needed--education, aptitude, fitness, and moral 
     qualifications. . . . the DREAM Act would provide these young 
     people the opportunity of serving the United States in 
     uniform.

  Military experts agree. Margaret Stock, a professor at the U.S. 
Military Academy at West Point, said:

       Passage of the DREAM Act would be highly beneficial to the 
     United States military. The DREAM Act promises to enlarge 
     dramatically the pool of highly qualified recruits for the 
     U.S. Armed Forces. . . . passage of this bill could well 
     solve the Armed Forces' enlisted recruiting woes.

  Conservative military scholar Max Boot agrees. When asked about the 
DREAM Act, he said:

       It's a substantial pool of people and I think it's crazy we 
     are not tapping into it.

  These experts are right. DREAM Act kids are ideal recruits: they are 
high school graduates, they have good moral character, and they 
desperately want to serve this country. At the time when the military 
has been forced to lower its standards due to recruitment shortfalls, 
we should not underestimate the significance of these young people as a 
national security asset.
  This is the choice the DREAM Act presents to us. We can allow a 
generation of immigrant students with great potential and ambitions to 
contribute more fully to our society and national security, or we can 
relegate them to a future in the shadows, which would be a loss for all 
Americans.
  Mr. President, I encourage my colleagues to consider the DREAM Act as 
an amendment to this Defense authorization bill as part of our national 
security. We will have a chance to debate it in its entirety, and I 
will return to it when we come back to this bill next week.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Arizona.

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