State House passes Illinois version of DREAM Act for children of immigrants

SPRINGFIELD — The Illinois House passed a state version of the DREAM Act Thursday in a vote hailed by immigration-rights advocates as historic.By a 61-53 vote, the House approved and sent to Gov. Pat Quinn legislation that would set up a state fund that would route privately funded college scholarships to as many as 95,000 children of undocumented immigrants.

Quinn has expressed support for the legislation, whose chief House sponsor was Rep. Edward Acevedo (D-Chicago).The measure, also pushed by Mayor Rahm Emanuel and Cardinal Francis George, would allow undocumented immigrants ages 18 to 29 with taxpayer-identification cards to invest in the state’s Bright Start and College Illinois programs.“I’m super excited this bill got passed. Illinois is going on a different path,” said Rep. Maria Antonia Berrios (D-Chicago), co-chair of the Illinois Legislative Latino Caucus.

Similar legislation on a federal level failed in Congress last year. Passage in Illinois is another example of the growing influence of Illinois’ Latinos, a bloc that grew by nearly 500,000 people since the 2000 Census.“Today’s bipartisan vote in the Illinois House is truly historic,” said Lawrence Benito, deputy director of the Illinois Coalition for Immigrant and Refugee Rights, which spearheaded passage of the bill. “This vote is a victory for our state and an important step forward in recognizing the contributions of immigrants.”

If Quinn signs the legislation, Benito said Illinois would become the first state to create a private scholarship fund for the children of undocumented Latinos.Only one lawmaker stood during floor debate to oppose the legislation, asking essentially why the state should sanction undocumented residents.

“A lot of people feel they shouldn’t be spending their tax dollars for people who aren’t citizens or people who are trying to become citizens,” said Rep. Robert Pritchard (R-Hinckley), who voted against the measure.But Acevedo insisted that wasn’t the case.“There’s not one tax dollar that goes into this program,” he said.

Durbin reintroduces federal DREAM Act

Sen. Dick Durbin (D-Ill.) reintroduced the federal DREAM Act on Wednesday to give undocumented students a chance to remain in the United States .The bill would allow students to remain in the U.S. as long as they enter the country before the age of 15, are long-term residents who have stayed for at least five years, show good moral character, graduate from high school or pass a General Educational Development test and complete two years of college or military service.

In a video address posted on Durbin's YouTube channel, he cited the case of a Korean American woman who called his office for help 10 years ago because her daughter had been admitted to the Juilliard School but was undocumented."I didn't think that was right, to punish her for something she hadn't done wrong," Durbin said in the video. "It was just unfair and unjust, so I wrote the DREAM Act."

In a news statement, Durbin said the act would benefit the armed forces and stimulate the economy. It also excludes immigrants ineligible for relief due to criminal histories or national security reasons.The introduction of the act is a step forward, said Stephen Smith, director of organizing for the Illinois Coalition for Immigrant and Refugee Rights. Smith added the bill will not drastically change the work of ICIRR.

"Our job is still to win some relief for these DREAM students but also to win relief from the president for their parents," Smith said. "It can't just be about the DREAM students. It has to also be about the parents and other undocumented families to make sure they are being supported."Durbin held a conference call with ICIRR last week, and Smith said Durbin admitted it will be hard to pass the bill, but he will keep trying.Among the obstacles the bill faces are the economy and Republican opposition, especially from southern border states concerned about illegal immigration, said Joshua Noah, the president of Northwestern University College Democrats.

"In tough economic times, people incorrectly believe that illegal immigrants take, whereas they really help create jobs," the Weinberg sophomore said.U.S. Sen. Jeff Sessions (R-Ala.) said in a news statement that the DREAM Act would not fix the immigration system and represents ignorance of the public's will.

"Over the last year, the Senate Democrat Leaders have introduced five versions of the DREAM Act, each seeking to add billions of dollars to the federal deficit with no committee review," Sessions said last Wednesday. "Today, Senator Durbin and others reintroduced the DREAM Act legislation under those same circumstances, demonstrating that the Democrats are still ignoring the public's plea to secure our border and to establish lawful immigration reform."Although the act does not solve all problems relating to immigration, it has the potential to have a positive impact on universities such as NU, said SESP senior Maria Salazar, a former undocumented immigrant. She said NU's current policy only allows federal financial aid, so the undocumented students currently at NU have to pay for their education on their own completely. This would continue if the federal DREAM Act does not pass. The act does not thoroughly reform the immigration system, she added.

"For me, the overall goal is something like a comprehensive immigration reform that would provide a path to legalization for qualified undocumented immigrants, so I would include families as well, so not just the children," Salazar said. "But I think the students, the organizers, everyone who's working for the federal DREAM Act are also aware of that. I don't think the DREAM Act in itself is viewed as a end-all to immigration reform. I think it's an important step forward."

yenyu2013@u.northwestern.edu

Students march to make DREAM a reality

Nearly fifty DePaul students approached St. Nicholas of Tolentine Church Saturday morning in a unison chant: "Education not deportation! Education not deportation!" Ross Richmond, Student Government Association President, and Pamela Barrientos shouted through megaphones, leading the march.St. Nicholas of Tolentine was the site of the New Americans Rally, an assembly for support of the Illinois DREAM Act, which will be voted on in the Illinois Senate on May 4. The rally was organized by the Illinois Coalition for Immigrant and Refugee Rights.Fr. Dennis Holtschneider, president of DePaul University said, "This is a critical point and day because this is when you bring elected officials into the room and they see the support for the legislation they're about to vote on. Today is the final push."

Around a thousand people packed inside the church to support the legislature. Chants erupted in every direction even before the scheduled speakers took the stage to the rhythm of hands-clapping and feet-pounding. Students waved signs that read "America was discovered by immigrants," "One Nation One Dream," and "Somos America." DePaul students, the largest of any college group attending, stood out in the crowd in royal blue T-shirts with "DePaul University Supports the DREAM Act" written on the back in bold white letters.

The rally opened with three prayers, one of which was delivered by Fr. Holtschneider. In the prayer, Holtschneider urged that we try to "see the world through other people's eyes."

Among the rally's speakers were Holtschneider, University of Illinois President Mike Hogan, Lake County Sheriff Mark Curran, Speaker of the Illinois House of Representatives Michael Madigan, and Illinois Senate President John Cullerton. U.S. senator Dick Durbin, the chief sponsor of the federal DREAM Act, planned to attend, but canceled due flooding in southern Illinois.

Madigan's address focused on the promise of the American dream.

"If we work together, if we keep our eye on the ball, if we stay focused, then we will fulfill the one nation, one dream platform," Madigan said to the rousing applause of the impassioned congregation.

"If we work together, there will be an Illinois DREAM Act that will be the modern implementation of the promise of America," Madigan said.

Cullerton emphasized the importance of the choice of higher education.

"I'm here to share support for what I believe is nothing more than providing the basic choice for a population of young people here in Illinois," Cullerton said. Cullerton said undocumented children were not give the choice to come to the U.S., but the law still limits their choice and denies them basic opportunities.

Hogan said the Illinois DREAM Act is more than a small step in the right direction for immigration reform and that no student should be denied financial aid because of outdated laws.The Illinois DREAM Act would create private scholarships and open up other financial opportunities for undocumented students, encourage high school counselors to be trained in educational opportunities for immigrant youth, and enable undocumented students to get driver's licenses. The ICIRR estimates 65 percent of youths that would benefit from the act come from households that earn below 200 percent of the poverty line.

Another speaker detailed the horrors her family is currently enduring as her husband is preparing to be deported. Through a translator, she said, "Enough is enough. Stop separating families."

An undocumented high school senior also spoke. The senior has been accepted to three colleges, but can't afford tuition, something the Illinois DREAM Act would like to fix. The senior said the DREAM Act would break down the walls that keep undocumented students from their full potential.

Richmond said, "The rally showed how strong our collective voice can be when we come from all different places in Chicago and support the DREAM Act."

Universities from across Chicago were represented at the New Americans Rally, including DePaul,University of Illinois at Chicago, Northwestern, Loyola, Dominican, Roosevelt, and University of Chicago.Richmond said he was most impressed with the representatives' ability to voice the goals of those in favor of the DREAM Act and make a solid commitment to bring those goals to Springfield for the vote on May 4.

Richmond said, "The Illinois DREAM Act is really important because on a state level it says these people are valuable in our society and we need to allow them to get higher education so they can then be able to contribute back to society." Richmond says the Illinois DREAM Act is important for DePaul because the university's mission is to make higher education accessible and affordable to all students.

"This is a small piece of Illinois doing its part, but it's going to have to be followed by the national DREAM Act or people are still going to be deported," Holtschneider said.The DREAM Act was originally federal legislation, first introduced in 2001 and most recently defeated last December. The federal version would enable undocumented students to earn legal status by earning a two or four year degree from a higher education institution, or by serving in the military for two years. The ICIRR estimates that 95,000 Illinois youth would have benefitted if the DREAM Act had passed in December.

Following the rally, the DePaul students quickly turned their attention to the Illinois Senate vote on May 4. A bus will leave from Lincoln Park and take DePaul students and others to Springfield in the morning on May 4 to continue supporting the Illinois DREAM Act.The rally "brought a lot of solidarity to the movement. I think that a lot of people gained energy and are ready to vote and go down to Springfield on Wednesday," Rachelle Snyder, Kindergarten co-teacher and DePaul alumni said.Sophomore Secondary Education major Nicole Arroyo said, "The energy was really positive, I hope we made an impact and when we go to Springfield on Wednesday that we pass the Illinois DREAM Act."

DePaul's participation in the New Americans Rally was organized by a coalition of DALE, the DePaul Alliance for Latino Empowerment and Student Government Association members. The event was advertised on Facebook. The coalition contacted the DePaul administration for support. Fr. Holtschneider funded the group's T-shirts. The Office of Mission and Values funded the buses that transported the students from Lincoln Park to the church.

Supporters Haven’t Given Up Of The Dream Act Yet

Daniella Alulema of the New York State Youth Leadership Council has a degree in accounting, but the Ecuadoran native says she can’t put her education into action because of her immigration status. She says she was looking forward to seeing Congress pass the DREAM Act, which would give undocumented youth education opportunities while on a conditional path to citizenship. Advocates of expanded immigrant rights argue the agency’s actions do not match its rhetoric, particularly over enforcement programs that are meant to target “the worst of the worst.” The key immigration enforcement initiative, a finger-print sharing program called Secure Communities, is supposed to help ICE find undocumented immigrants who have committed crimes and may be a danger to others. But the program also nets a large number of undocumented immigrants who are never convicted of crimes, including women who call the police to report domestic violence or people who are brought in on charges that are later dropped.

New York

Both the Senate and Assembly have versions of a bill that would provide benefits to New York undocumented youth who meet certain criteria. The benefits include access to financial aid for higher education, access to driver’s licenses, work authorization and access to health care. To qualify, the young person would have had to come to the U.S. before age 16, lived here for at least two years and apply for the benefits before they turn 35. Unlike its federal counterpart, the bill would not offer those immigrants a path to legal residency. But it would give some of them certain rights now granted only to legal residents and citizens, including the ability to hold some state jobs — a provision that appears to challenge federal laws that prohibit the hiring of undocumented workers.

Coming Out

Several “Coming Out” events were held in New York, including one at Union Square where 20 Dreamers shared their personal immigration stories. The New York State Youth Leadership Council sponsored the Union Square rally and co-wrote the New York Dream Act with Perkins. After the federal Dream Act failed in Congress in December, supporters of the legislation decided to wage the fight state-by-state, hoping to create momentum for national legislation that will offer a pathway to citizenship, in addition to the provisions included in the state bill.

There's no turning back, We will win.We are winning because ours is a revolution of mind and heart . Cesar Chavez

Napolitano: Unpassed DREAM Act Now the Law

Janet Napolitano, the Homeland Security Secretary, confessed last week that the Obama administration will not deport illegal-alien students who would have fallen under the protection of the failed DREAM Act, the amnesty for illegal aliens that traveled under the name of immigration reform.She made the remarks at a webinar and roundtable on border issues sponsored by NDN, a leftist think tank. The Washington Times reported what she said:

“I will say, and can say, that you know what? They are not, that group, if they truly meet all those criteria, and we see very few of them actually in the immigration system, if they truly meet those [criteria], they’re not the priority,” the secretary said at an event sponsored by NDN, a progressive think tank and advocacy group, on the future of the nation’s border policies.

“The reason we set priorities is so that the focus could be on those in the country who are also committing other illegal acts,” she said.

The practical result of the Obama administration’s policy, as she explained it, is that the DREAM Act is now the law even though Congress did not pass it.

Dream, Development, Relief and Education for Alien Minors, would have given illegal-alien students the chance to become citizens if they joined the military or went to college for two years, provided they jumped the border as minors and lived in the country for five years before the act was passed. The act permitted a gradual process of naturalization, but it was, in fact, an amnesty that would have permitted a massive increase in immigration.

John Morton, Napolitano’s subordinate and the head of Immigration and Customs Enforcement, echoed her remarks, the Times reported. “If you take a look at the record, people that fit within the confines of the Dream Act, there are in fact very, very few deportations of those kinds of individuals,” he said.

Border Not Out of Control

Napolitano also claimed that the border with Mexico is not out of control. “It is simply inaccurate to state, as too many have, that the border with Mexico is overrun or out of control,” she said. “This statement — I think sometimes it’s made to score some political points — but it’s wrong. It’s just plain wrong.”

Napolitano is wrong, according to Richard Stana, the director of homeland security issues at the Government Accountability Office. Indeed, Stana told the Senate Homeland Security on March 30, a week after Napolitano's assertion, that DHS has little to no control over the border.

Stana reported that DHS can stop illegal aliens on less than 150 miles of the border. Across about another 700 miles, it can catch them only after they have crossed.

Stana based his testimony on the Border Patrol’s own assessment.

Said Stana:

Our preliminary analysis of these Border Patrol data showed that the agency reported a capability to deter or detect and apprehend illegal entries at the immediate border across 129 of the 873 southwest border miles and 2 of the 69 northern border miles. Our preliminary analysis also showed that Border Patrol reported the ability to deter or detect and apprehend illegal entries after they crossed the border for an additional 744 southwest border miles and 67 northern border miles.

As we previously observed in December 2010 and February 2011, and through selected updates, Border Patrol determined in fiscal year 2010 that border security was not at an acceptable level of control for 1,120 southwest border miles and 3,918 northern border miles, and that on the northern border there was a significant or high degree of reliance on enforcement support from outside the border zones for detection and apprehension of cross-border illegal activity. For two-thirds of these southwest miles, Border Patrol reported that the probability of detecting illegal activity was high; however, the ability to respond was defined by accessibility to the area or availability of resources. One-fourth of these northern border miles were also reported at this level. The remaining southwest and northern border miles were reported at levels where lack of resources or infrastructure inhibited detection or interdiction of cross-border illegal activity.

The upshot of Napolitano’s remarks is that the Obama administration has declared the entire country a sanctuary for illegals by unilaterally enacting the unpassed DREAM Act. As well, she simply doesn’t know what is going on at the border.

Remarks Nothing New

Napolitano’s remarks about immigration authorities refusing to deport illegal aliens who do not commit violent crime are nothing new.

Federal immigration officials consider illegal aliens who do not commit crimes — additional crimes, after entering the country illegally and working illegally — mere “administrative” cases and is not interested in pursuing them, it says, because it must focus on illegal aliens who belong in jail.

State-by-State Push for a Dream Act

Three states may not be a watershed, but passage in three states of Dream Act-like bills shows a growing momentum for a national bill that would put the children of illegal immigrants on a path to citizenship if they attend college.

Maryland’s Senate recently passed a bill that would allow undocumented students an opportunity to attend state universities and colleges at in-state tuition rates. Should Maryland’s governor sign the legislation it would become one of 11 states in the country, ranging from Kansas to California, that permit this. In California, a bill that would allow undocumented students to compete for state aid and scholarships is under consideration.A New York bill, introduced late last week, takes the legislation further, allowing students who are here illegally but have graduated from high school in New York to access scholarships and financial aid for college, get access to health insurance, obtain driver's licenses, and be able to hold some state jobs.

In an interview with The New York Times, state Sen. Bill Perkins, who introduced the bill, acknowledged that it would be difficult to pass. But I would argue that raising the bill itself and a possible passage could tremendously affect national support and acceptance of a Dream Act. The state-by-state initiative being employed by immigrant and youth groups in New York, California, and Maryland are similar to what the gay-rights community has done with gay marriage. It’s an uphill battle, but each passage of legislation creates a level of acceptance and acknowledgment in the public mind-set.

What could derail this state-by-state goal, however, is the argument made by opponents to the bills that allowing undocumented students to access these rights could put further stress on state budgets and/or put legal citizens and young people in competition for jobs with students who came here illegally. But as many young activists for the Dream Act argue, the United States is the only country they’ve ever known.

Another potential pitfall to this legislation is gubernatorial support. In Connecticut in 2007, the state Legislature narrowly passed a bill allowing undocumented students the right to access in-state tuition fees after a pitched legislative battle. Gov. Jodi Rell, however, took political cover from federal inaction and argued that she couldn’t sign a bill without knowing what the potential federal precedent could be.

In California, a bill that would allow students access to state scholarships and financial aid has been approved and vetoed four times under Gov. Arnold Schwarzenegger. However, Gov. Jerry Brown has appeared amenable to the passage of a bill. Perkins, the sponsor of New York’s legislation, has said he hasn’t surveyed his colleagues or Gov. Cuomo on support for the bill. However, opponents are already pointing to the political mud pit Gov. Eliot Spitzer fell into by supporting a bill that would have provided driver's licenses to undocumented immigrants.

The lesson in all of this may just be that the push for immigration reform has moved to the state level because of federal inaction, and like other hot-button issues, e.g. gay rights, a patchwork of rights and restrictions will exist until the federal government chooses to act.

Advocates Hope To Revive DREAM Act On State Level

While the DREAM Act was voted down in Congress, some lawmakers are hoping to revive the bill on the state level that would make college life easier for undocumented immigrant students. NY1's Mara Montalbano filed the following report.Daniella Alulema of the New York State Youth Leadership Council has a degree in accounting, but the Ecuadoran native says she can't put her education into action because of her immigration status. She says she was looking forward to seeing Congress pass the DREAM Act, which would give undocumented youth education opportunities while on a conditional path to citizenship.

Alulema says she was disappointed to see it defeated in the Senate."We need to come out of the shadows. We need to be able to live like dignified human beings who have dreams, who have values, and who want to contribute to their society," Alulema said.

She stood with others in her situation and local lawmakers in Harlem Saturday to support a state version of the federal bill.State Senator Bill Perkins introduced the New York State Dream Act which would help undocumented youth get access to state resources like financial aid, a driver's license, and health insurance.

"We're stuck right now and I'm 30. I haven't been able to finish my career. I would like to be a counselor one day. I want to be the counselor that pushes young people to follow their dreams," said Jose Luis Zacatecos of the New York State Youth Leadership Council.While the state bill doesn't help put immigrants on the road to citizenship, it would allow them educational and employment opportunities in the state.

"This is yet another step to fulfill the dream of millions of undocumented immigrants who just want to get a good college education and pay their taxes," said State Senator Adriano Espaillat.Local lawmakers say they do expect to face some challenges, but they say they are confident the bill will be passed.

"The beauty of it is that, like the civil rights movement, it is the fire and the energy and the vision of our young people that have inspired us to take on this piece of legislation," said Perkins. "As controversial as it may be, it nevertheless is a piece of legislation that would make a big big difference."Supporters of the state bill say they hope it will encourage other states to adopt similar legislation to open up more opportunities for young people, even if it isn't on the federal level.

Univ. administrators support state DREAM Act passage

As the university system lobbies legislators on behalf of a bill that would allow undocumented students to receive in-state tuition at four-year state colleges and universities, this university has taken a quieter, but favorable, position.University President Wallace Loh, who immigrated to this country from Peru, said passage of the bill would benefit the economy as a whole. And university lobbyist Ross Stern, whose attention is primarily focused on budget matters, said he would encourage students to lobby their representatives in the House of Delegates as the bill comes to a vote there.

"If you have students who are able to gain admission ... and if you don't give them an opportunity to have higher education, then what will they be doing, flipping hamburgers?" Loh asked. "That doesn't help the economy of the state. We want more college graduates who can go on and contribute in productive ways to the state's economy. In the long run, it does not make economic sense to turn away qualified students."After its successful vote in the state Senate on Monday, the bill is moving through the House; its Ways and Means Committee reviewed the legislation Tuesday. If signed into law, the legislation, which has earned the title of this state's Development, Relief and Education for Alien Minors Act, would grant students who have graduated from a state high school, completed 60 credits at a community college and paid state income taxes for at least three years the opportunity to receive in-state tuition at four-year state institutions. Those students who receive in-state tuition must also apply for permanent residency within 30 days of enrollment at an institution of higher education.

Opponents of the bill have argue that the state simply does not have the money to offer these students reduced tuition — the basis for many opposing votes in the Senate — and that admitting undocumented students as in-state residents would take away spots from U.S. citizens. But Stern said increasing competition would likely have a positive effect on the university's national rankings."I think expanding the pool of eligible Maryland residents can only be a good thing," Stern said. "Increased diversity and an increased pool of good students is a good thing for the university — not just for us, but for all the universities and the state as a whole."State Sen. Jim Rosapepe (D-Prince George's), who voted for the bill, added that students who would be affected by this proposal are already academically qualified, but high tuition rates often prevent them from attending state universities.

"The better students you get, the better university you are, and the problem is that they can't come to the University of Maryland right now — it's just that too many of them are priced out of the market," Rosapepe said. "It's kind of an inconsistent policy to say they can come to the University of Maryland, but they have to pay triple the tuition. It doesn't seem fair, and it just doesn't make sense. We want the best students to come to the best campus."

Stern also said since these students must pay state taxes and have already attended at least high school in this state — K-12 schools must provide education to all students regardless of immigration status, according to U.S. Supreme Court mandate — the state should want to capitalize on their investment.

"If the state is going to go through the expense and the effort to educate children, it makes sense that they have access to higher education as well," he said. "The state is better served by offering educational opportunities to its high-school graduates, and that investment is worth making."Loh said he attributes all of his successes to the educational opportunities he was able to receive in the United States.

"I came here legally, but that totally aside, what I have today is because of the opportunities that this nation provided," he said. "It is a passport to social and economic opportunity. We have a very large proportion of Hispanics in our state and in our nation. Many of them are undocumented, and they've been living here since they were children. ... To say we're not going to allow you to come in with resident tuition is in effect slamming the door of opportunity to them."Rosapepe noted that the nation is primarily made up of immigrants  including his father, who was an Italian immigrant  and said it is part of the nation's history to offer equal opportunities to all.

"I think most people recognize that America is a nation of immigrants and that very few of us would be here if our parents or grandparents hadn't come from some place else," he said. "Many people come here for better opportunities."Although no date has yet been set for a House vote on the issue, many question whether the bill will make its way to the chamber's floor before the end of the legislative session.