Immigrant Student Bill Passes Senate Judiciary Committee

IMMIGRATION LAW & POLICY

Congressional Developments

IMMIGRANT STUDENT BILL PASSES SENATE JUDICIARY COMMITTEE
Immigrants' Rights Update, Web Edition, July 15, 2002

The Senate Judiciary Committee has passed a bill that would expand some undocumented immigrants' access to educational benefits and ability to adjust to lawful status. Sponsored by Sen. Orrin Hatch (R-UT), the Development, Relief, and Education for Alien Minors (DREAM) Act (S. 1291) was passed by the Senate committee on June 20, 2002. Before approving the DREAM Act, the committee made important changes in the bill, adding, with the support of Sen. Hatch, a substitute amendment proposed by Sen. Richard Durbin (D-IL). As a result, the bill was passed out of committee with strong bipartisan support, which bodes well for its eventual passage by the full Senate.

As amended in the committee, the DREAM Act repeals the provision of federal law that discourages states from providing in-state tuition to undocumented immigrants. It also permits long-time resident immigrants with good moral character to obtain lawful permanent resident status once they graduate from high school. In addition to the sponsorship of Sens. Hatch and Durbin, the amended DREAM Act now enjoys the cosponsorship of, among others, Sens. Ted Kennedy (D-MA) and Sam Brownback (R-KS) who are, respectively, the chair and ranking minority members of the Senate Immigration Subcommittee.

The committee session engendered more back and forth among the senators than usual, but in the end the amended bill passed by a voice vote. Sens. Maria Cantwell (D-WA), Durbin, and Hatch all spoke movingly about young people in their states from whom they had heard and who would benefit from the DREAM Act. Other senators voicing their support included Joseph Biden (D-DE), Dianne Feinstein (D-CA), and Patrick Leahy (D-VT), the chair of the committee. All of these senators pointed out that the young people who would benefit from the DREAM Act have grown up in the country and can make significant contributions to U.S. society if freed to do so. They also emphasized that the states where these young people live should not be blocked by federal law from providing them with an education.

Sens. Jon Kyl (R-AZ) and Jeff Sessions (R-AL) spoke in opposition to the amended bill. They argued that it would reward lawbreakers, provide an incentive for more immigrants to come to the country illegally, and permit young people who had committed drug crimes and vandalism to legalize their status.

Theoretically, the next step towards passage of the DREAM Act would be Senate floor consideration. But there is very little floor time left before the end of this session of Congress. Advocates will have to build momentum for the bill if they hope to enact the DREAM Act before Congress adjourns in October 2002.