[Congressional Record (Bound Edition), Volume 156 (2010), Part 13]
[Senate]
[Page 19049]
[From the U.S. Government Publishing Office, www.gpo.gov]




                               DREAM ACT

  Mr. CORNYN. Mr. President, I rise today to discuss the upcoming 
cloture vote on the motion to proceed to the DREAM Act. I have great 
sympathy for students brought to the United States at a very young age 
who have no moral culpability for being in this country in violation of 
our laws. I have listened to many stories about how our broken 
immigration system has failed these students, and I have discussed this 
issue with many Hispanic leaders in Texas and across the Nation.
  Last week, we learned that the unemployment rate went back up to 9.8 
percent in November--and more than 15 million Americans cannot find a 
job. In the Hispanic community, things are even worse. The unemployment 
rate is up to an astonishing 13.2 percent the highest rate in 27 years. 
And it has been above double digits every month since the stimulus bill 
became law in February 2009.
  That's why I agree with my Republican colleagues that the only items 
on our agenda during this lameduck session should be time-sensitive 
issues focused on the economy. Those time-sensitive issues include 
passing a continuing resolution to keep the government running, as well 
as preventing the largest tax hike in U.S. history. Everything else 
that can wait should wait until the new Congress convenes in January.
  Nevertheless, I do have sympathy with students who would benefit from 
the DREAM Act. And that is why I voted for a version of this 
legislation in the Judiciary Committee in 2003. But as I said then and 
continue to say today: it is important to get the details right with 
sensitive legislation like this.
  Unfortunately, the version of the DREAM Act before us has several 
problems we have identified previously over the last several years. 
Under this version of the DREAM Act, a 30-year-old illegal immigrant 
with only 2 years of post-high school education would be eligible for a 
green card--regardless of whether he or she ever earned a degree.
  Under this version of the DREAM Act, a thirty year old illegal 
immigrant who has been convicted of two misdemeanors would be eligible 
for a green card--and let's remind ourselves that many misdemeanors are 
not minor offenses. In many States, they include: driving under the 
influence; drug possession; burglary; theft; assault; and many other 
serious crimes. In New York, ``sexual assault of a minor in the third 
degree'' is a misdemeanor offense. Someone with two convictions for any 
of these crimes would be eligible for a green card under this 
legislation. And that doesn't even include people who are prosecuted 
for felonies--but who plead guilty to a misdemeanor as part of a plea 
agreement.
  This version of the DREAM Act also has very weak protections against 
fraud. As we saw in 1986, any time we expand eligibility for an 
immigration benefit we will create a new opportunity for fraud if we 
are not careful. Yet this bill actually protects the confidentiality of 
a DREAM Act application--even if it contains false information.
  These are just some of the problems in this version of the DREAM Act 
that should have been debated in the Judiciary Committee, and subject 
to amendment under the regular order. None of these concerns with the 
DREAM Act are new, by the way. Like other Senators, I have made clear 
for years my concerns about loopholes for convicted criminals as well 
as protections against fraud.
  Washington's credibility is the obstacle to broader immigration 
reform and rushing a flawed version of the DREAM Act in a lameduck 
session will only weaken Washington's credibility even further.
  I also believe that these tactics show a lack of respect for those of 
us who want to see credible immigration reform. We all know that the 
majority--as well as the White House--have not kept their promises on 
immigration reform. They clearly hope a last-minute push for the DREAM 
Act during a lameluck session will outweigh 2 years of inaction and 
broken promises on this issue. These tactics clearly represent 
political gamesmanship: a cynical attempt to play on the hearts and 
minds of those who want real reform.
  I continue to believe that our Nation would benefit from the DREAM 
Act being introduced and debated in committee; amended to address 
concerns with the bill; and incorporated into a credible immigration 
reform package that begins with border security and can win the support 
of the American people.
  That is the kind of approach we need--the kind of approach I hope we 
can get once the new Congress takes up its responsibilities in January.

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