[Congressional Record (Bound Edition), Volume 157 (2011), Part 8]
[Senate]
[Pages 11791-11793]
[From the U.S. Government Publishing Office, www.gpo.gov]




                             THE DREAM ACT

  Mr. DURBIN. Mr. President, it was 10 years ago that my office in 
Chicago, IL, was contacted by a young woman. Theresa Lee, who is Korean 
by birth, had been part of something known as the Merit Music Program 
in Chicago. It is an amazing program. A lady in the later years of her 
life decided to leave some money to a program that would offer to 
children in the public schools a musical instrument and instruction. 
Her belief was that many of these students would take up the offer and 
that learning a musical instrument could be an important part of their 
future lives.
  She was right. The Merit Music Program, at least as of last year, had 
a 100-percent placement rating of graduates in college. It turned out 
that giving a musical instrument to a young person and giving them a 
chance to develop that skill did a lot more than create music. It 
created self esteem, confidence, and a belief they could do something 
with their lives, even for many students who were from poor families.
  Ten years ago, the Merit Music Program contacted us and told us about 
a young woman named Theresa Lee who was one of their star pupils. She 
had learned piano and had graduated to a level of competence they had 
seldom seen in their program. In fact, she had played in a concert and 
now, as she graduated from high school, she was accepted at several of 
the major music schools around the United States, including Julliard. 
As she filled out the application to go to school, though, she found 
out she ran into a problem. They asked on the application for the 
Julliard School of Music what her nationality or citizenship was.
  She turned to her mother and said: What do I put down there?
  Her mother said: Theresa, when we brought you to this country you 
were 2 years old, and I never filed any papers. I don't know what your 
status is in terms of your nationality.
  The mother was an American citizen. Her brother and sister were 
American citizens. But she had never established her citizenship or 
claim for citizenship.
  At the age of 18, she contacted my office and asked: What should I 
do?
  We took a look at the law, and the law was very clear. Under the law 
of the United States of America, that young woman who came here at the 
age of 2 and had not filed any papers had to leave the United States 
and go to Brazil, which was the last country her parents traveled 
through on their way to America, and wait 10 years before she could 
apply to become legal in America. It did not sound fair to me. Two-
year-olds do not have much voice in terms of whether they should file 
papers.
  If anybody made a mistake, it was her parents, and they knew it. They 
could not correct it, though, and the law did not correct it. The law 
punished her, ultimately sending her back to Korea, a place she could 
never remember, with a language she did not speak.
  So I introduced the DREAM Act, and the DREAM Act said: If you came to 
America under the circumstance that if you are brought here as a child, 
if you grew up in this country and graduated from high school, if you 
had no serious questions about your moral standing in the community, no 
serious problems with any criminal activity or background, we would 
give you a chance--just a chance.
  The chance was they could either enlist in our military for at least 
2 years

[[Page 11792]]

or they could complete 2 years of college. If they did that, we would 
allow them to work toward legal status. All along we would be asking 
the same questions as the years went by: Have you done anything that 
would suggest to us that you should not be part of the United States of 
America? That was the DREAM Act. I introduced the bill 10 years ago.
  An interesting story, what happened to Theresa. She went on to school 
at Julliard, and she did become an accomplished concert pianist. She 
has played a concert at Carnegie Hall. She has now married an American 
citizen, and she is legal in the United States. So the story had a 
happy ending. But for many of these young people it has no happy 
ending. They end up deported at the age of 18 or 19 because their 
parents did not file papers or could not file papers on their behalf.
  That is why I introduced the DREAM Act, to give these young people a 
chance. Last month I chaired the first Senate hearing on the DREAM Act. 
There was compelling testimony from a number of witnesses. The 
Secretary of the Department of Education, Arne Duncan, testified about 
the talented students who would be eligible under the DREAM Act: the 
class valedictorians, the star athletes, honor students, and leaders in 
ROTC. Their options, however, are limited because they are 
undocumented. Secretary Duncan explained that the DREAM Act would make 
America a better and stronger country by giving these young people a 
chance to fulfill their potential.
  Dr. Clifford Stanley testified. He is the Under Secretary for 
Personnel and Readiness from the Department of Defense. He testified 
that the DREAM Act would strengthen our national security by giving 
thousands of highly qualified, well-educated young people a chance to 
enlist in the Armed Forces.
  Homeland Security Secretary Janet Napolitano also testified in favor 
of the DREAM Act and said this law would strengthen our homeland 
security by allowing immigration agents to focus their time, attention, 
and resources on those who clearly are a danger in the United States 
and should be deported rather than on these young people who had never 
posed any threat to anyone.
  LTC Margaret Stock, who taught immigration law at West Point Military 
Academy, testified about important restrictions included in the DREAM 
Act to prevent abuse.
  The most compelling testimony came from this young woman, Ola Kaso. 
Ola Kaso was brought to the United States by her mother from Albania in 
1998 when she was 5 years old. Last month she graduated from high 
school in Warren, MI, with a 4.4 grade point average. She has enrolled 
in the honors program at the University of Michigan as a pre-med 
student.
  Ola has so much to contribute to America, but even today she faces 
deportation back to Albania, a country she barely remembers, a country 
she left when she was 5 years old.
  She spoke for thousands of people just like her, young people who 
call themselves now the Dreamers. I often come to the floor of the 
Senate to tell their stories, and today I want to tell you about three 
others.
  This is Tapiwa and Dominique Nkata. Tapiwa is on the left, Dominique 
is on the right. Their parents, John and Joan Nkata, brought the family 
to the United States from Malawi, in Africa, in 1990. At the time, 
Tapiwa was 4 years old and Dominique was only 11 months old.
  The Nkatas came here legally, so they had work permits. John, an 
ordained Christian minister, worked as a Hospice counselor, his wife 
Joan worked as an accountant. The Nkatas filed papers to stay here 
permanently. For years their case was stuck in immigration court. 
Finally, in 2009 John and Joan Nkata were granted legal permanent 
residency in the United States, but by this time Tapiwa and Dominique 
were adults and unable to obtain legal status through their parents. 
Had the court moved more quickly and the decision made while they were 
still children, there would be no question about their documented 
status.
  Earlier this year these two young women were placed in deportation 
proceedings. Dominique sent me a letter, and here is what she said 
about being deported to Malawi:

       The looming fear of having everything I know, including 
     part of my family, here in the United States while I am 
     removed to the other side of the world, is crippling.

  And Tapiwa wrote a letter and said:

       I can't imagine my life in Africa. I am an American. I know 
     this culture and speak this language. I pledge allegiance to 
     this flag.

  The Department of Homeland Security decided to give a 1-year stay in 
their deportation to Tapiwa and Dominique. I think that was the right 
thing to do. It would just be wrong to send these young women, who grew 
up in America and have so much to contribute, back to Malawi, a country 
they don't even remember.
  Tapiwa is now 25. In 2007--listen to this--Tapiwa--on the left here--
graduated summa cum laude from the University of Cincinnati with a 
degree in finance. For the past 2 years she worked at an accounting 
firm and dreams of being a certified public accountant. She cannot as 
long as she is undocumented. In her letter to me she said what America 
means to her:

       Quite simply, when you say `The American Dream' all around 
     the world they know what you are talking about.People who 
     have never been to our shores, eaten our food, or even spoken 
     our language have heard of a prosperous nation that above all 
     else grants freedom and rights to all people.

  Dominique, on the right, is now 21. Last month she graduated from the 
University of Cincinnati with a double degree in chemistry and 
premedicine. She is now working at University Hospital and the Jewish 
Hospital in the research department as a clinical studies assistant. 
Dominique is studying for the MCAT and plans to apply to medical school 
when her immigration status is resolved.
  Dominique told me:

       I dream of being a doctor and giving back to a country that 
     has given so much to me.

  So would America be better off if Tapiwa and Dominique are deported 
to Malawi or if they are allowed to continue to stay in the United 
States realizing their dreams and making us a better nation?
  Let me introduce you to another dreamer. This is Jose Magana. He has 
a big smile on his face. Jose was brought to the United States from 
Mexico when he was 2 years old. Jose grew up in Arizona. He graduated 
as the valedictorian of his high school class. He enrolled in Arizona 
State University, becoming the first member of his family to attend 
college. Then Arizona passed a law prohibiting public universities from 
giving financial aid or instate tuition rates to undocumented students. 
Hundreds of students were forced to drop out of school. But Jose 
persevered. He found his calling on the speech and debate team where he 
ranked fifth in the Nation.
  In 2008 Jose Magana graduated summa cum laude from Arizona State 
University with a major in business management. Jose couldn't work 
because of his legal status, so he went to law school. Next year Jose 
will graduate from Baylor University Law School in Waco, TX.
  Despite his potential to give to this country, Jose will not be able 
to work as a lawyer because of his undocumented status. Jose sent me a 
letter, and here is what he said:

       The worst part of being undocumented is the fact that 
     legally the United States is not considered my home. I have 
     not been to Mexico since I left when I was 2 years old. I 
     don't have any friends or close family in Mexico. If I were 
     to be deported, it would literally be like being thrown into 
     a foreign country with a different language and culture. The 
     United States is my home. I want to give back to this country 
     I love.

  Could we use someone with Jose's talent in America? Of course we 
could. For the last 10 years I have been working on the DREAM Act. 
There has been one constant: I have had the support not only of my 
colleagues in the Senate, but I have also had the support of the 
legislators across the United States. The faith community supports the 
DREAM Act because it is based on a fundamental moral principle that is 
shared by every religious tradition, and it is this: It is wrong to 
punish children for the actions of their parents.
  Earlier this month I held a press conference to announce DREAM 
Sabbath.

[[Page 11793]]

The DREAM Sabbath will take place this fall on Friday, September 23; 
Saturday, the 24th; and Sunday, the 25th. On the DREAM Sabbath, 
churches, synagogues, mosques, and temples around the country will be 
asked to dedicate time during their regular weekly worship service to 
have a conversation about the DREAM Act. When I announced the DREAM 
Sabbath, I was joined by religious leaders from a variety of faith 
traditions. One of my real heroes and friends, Cardinal Theodore 
McCarrick, a good friend, who has been in the fight for social justice 
for years; Bishop Minerva Carcano, the first Hispanic woman to be 
elected bishop in the Methodist Church; Rev. Samuel Rodriguez, the 
president of the Nation's largest Hispanic Christian organization, with 
more than 30,000 member churches; Rev. Derrick Harkins, pastor of one 
of the most prominent African-American churches in our Nation's 
Capital; Rabbi Lisa Grushcow, representing the Hebrew Immigrant Aid 
Society; and Imam Mohamed Magid, the head of the Nation's largest 
Muslim organization.
  Mr. President, I want to enter into the Congressional Record the 
statements of two religious leaders who participated in that DREAM 
Sabbath announcement: Sister Simmone Campbell, executive director of 
NETWORK of the Catholic Social Justice Organization; and Bishop Richard 
Graham of the Lutheran Church.
  I ask unanimous consent that those two statements be printed in the 
Record at the conclusion of my remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1.)
  Mr. DURBIN. In her statement, Sister Campbell quotes the prophet 
Joel, who spoke of our sons and daughters as prophets. Sister Campbell 
said:

       Our sons and daughters are prophesying to us. They are 
     telling us of a way that our nation should go in order to be 
     whole, to be creative, to lead into the twenty-first century. 
     We, the older generation, need to listen and act. Congress 
     needs to enact the DREAM Act.

  At the DREAM Act Sabbath announcement, we were joined by Gaby 
Pacheco. Gaby has become a great friend of mine. She is a wonderful 
young lady. She is one of the leaders of the DREAM Act students. Her 
parents brought her to America from Ecuador when she was 7 years old. 
She was the highest ranking Junior ROTC student in her high school. The 
Air Force tried to recruit Gaby. She was unable to enlist because she 
does not have legal status in the United States. She was brought here 
as a child. She is working on her bachelor's degree in special 
education and wants to teach autistic children.
  I met her last year after she and three other DREAM Act students 
literally walked 1,500 miles from Miami, FL, to Washington, DC, to 
raise awareness of the DREAM Act. Along the way these four students 
were joined by hundreds of supporters who came out to welcome them. 
They called their trip the Trail of Dreams.
  The goal of the DREAM Sabbath is to put a human face on the plight of 
the undocumented students, like Gaby, and educate America about the 
DREAM Act and, of course, the ultimate goal is to build up support to 
pass the DREAM Act. DREAM Act students need more than our prayers; they 
need our help. They need our help to pass the DREAM Act. Dreamers like 
Tapiwa and Dominique Nkata, Jose Magana, Ola Kaso, and Gaby Pacheco are 
Americans in their hearts. They have stood every day in the classrooms 
across America, pledging allegiance to our flag and singing the only 
National Anthem they know to the only country they know, a country that 
they love.
  They are willing to serve in our military. They are willing to pursue 
an education to add to a better America. All they need is the 
permission slip of Congress to give them that chance. I ask my 
colleagues to support the DREAM Act. It is the right thing to do. It 
will make America stronger.

                               Exhibit 1

                   [From the Network, July 12, 2011]

        Statement by Sister Simone Campbell, Executive Director

       I have worried that the DREAM Act has been mis-named. 
     Calling something a DREAM indicates that it is not real, has 
     no substance, is far beyond reality. That has led me to 
     wonder if it is actually making getting the legislation 
     passed more difficult because everyone thinks dreams don't 
     really come true.
       Then I met students who would qualify for an earned path to 
     citizenship if the bill passes. I found out that their dreams 
     are rooted in the daily reality of their lives. They work to 
     learn, support their families, encourage siblings and 
     friends. They strive for better lives for themselves, their 
     families and their communities. They work daily to make 
     dreams come true.
       This brought me to the realization that perhaps it is just 
     in Washington where the American dream has become fantasy. 
     The American dream has been built on the imagination and toil 
     of immigrants. Our nation has prospered because of the 
     innovation and creativity of all of the people who have come 
     to create something new. In Washington it is tempting to 
     forget the vision in exchange for partisan wrangling. This is 
     wrong. We must step away from cynicism that second guesses 
     every action and embrace the founding spirit of our nation.
       As a person of faith I hold to the prophet Joel echoed in 
     the Acts of the Apostles trusting that the day will come when 
     ``Your sons and daughters will prophesy, your young men will 
     see visions, your old men will dream dreams.'' Our sons and 
     daughters are prophesying to us. They are telling us of a way 
     that our nation should go in order to be whole, to be 
     creative, to lead into the twenty-first century. It is now 
     time for the ``old men'' (and women) of Congress to dream 
     their dream and take this first step toward comprehensive 
     immigration reform. We the older generation need to listen 
     and act. Congress needs to enact the DREAM Act this year.
                                  ____


   Statement of the Rev. Richard Graham, Bishop of the Metropolitan 
   Washington, DC Synod of the Evangelical Lutheran Church in America

       As the bishop of the Metropolitan Washington, DC Synod of 
     the Evangelical Lutheran Church in America, ELCA, I strongly 
     support the Development, Relief and Education for Alien 
     Minors, DREAM Act. The DREAM Act is critical legislation that 
     would provide lawful permanent residency to undocumented 
     youth who attend college or serve in the U.S. military for 
     two years. DREAM Act supporters include President Obama, a 
     number of former President George W. Bush administration 
     officials, and the ELCA Presiding Bishop, the Rev. Mark S. 
     Hanson.
       Last year I joined Lutheran Immigration and Refugee Service 
     and Lutheran leaders to urge Congress to pass the DREAM Act. 
     Although I was disappointed that the Senate failed to pass 
     the bill, I stand committed to working with congregations in 
     my synod to advance just and humane solutions for these 
     ambitious and talented young people.
       The DREAM Act is envisioned to bear fruit for young people 
     who came to this country as children. They are Americans in 
     every way except that they are not U.S. citizens. The DREAM 
     Act would provide a path to U.S. citizenship for children who 
     arrived in the United States before the age of 16, graduate 
     high school or receive a GED, go to college or serve in the 
     military and demonstrate that they are of good moral 
     character. These young people should be allowed a path to 
     become U.S. citizens because they have already proven that 
     they are Americans and they should not be deported back to a 
     country they do not know.
       This issue is important to Lutherans in the United States. 
     Lutherans and Lutheran congregations have strong immigrant 
     roots. Almost all Lutherans can remember back a generation or 
     two to when their grandparents or great grandparents 
     struggled as new immigrants in this country. It is this 
     immigrant tradition and our commitment to welcoming the 
     stranger, regardless of immigration status, that compels the 
     ELCA to support and call for the immediate passage of the 
     DREAM Act.

                          ____________________