This blog was founded on the belief United States of America is a nation where the individual is empowered by God; by virtue of the rights He has bestowed upon all men. And that the responsibility of our representatives, at all levels of government, is to be agents of the people and of individual rights and freedom against excessive government regulation rather than allies of the government against the people. It is only through action of a free people that liberty is able to flourish, grow and expand; this is one small effort to that end.

Tuesday, March 15, 2011

The Nightmare that is the Dream Act

**This blog entry was written previously and is being reposted here.  I will post all of my previous articles here as a method to consolidate all articles in one location**
Keep this article in mind when you hear this Act is again before Congress for passage. RRB

The DREAM Act is a complete and utter disaster. The DREAM Act as it is currently proposed is nothing more than a thinly veiled attempt to pass amnesty to a vast number of illegal aliens.  This act does nothing to solve the current illegal alien crisis and should be opposed by all Americans who believe in the rule of law.  I went online and read the proposed act to see what all the hubbub is about.  First of all let me just say that I am not a lawyer, but fortunately you don’t need to be to understand what the DREAM Act is trying to do nor how it is trying to do it.  The surprise here is how overt liberals have become in telling the American public exactly what they plan.  The only catch is that the American public has to read the act and engage as necessary.  I am not writing this as an opinion commentary, this is a column to inform you of what is in the act.  If you don’t agree you need to get off you duff and start calling your senator and congressman.  You have no idea what this act allows for and the politicians advocating its passage don’t want you to know, because if you knew there would be a national uprising of indignation and disgust.  Here’s hoping for a little of that.
Before we get too far, there are parts of this act that might require a lawyer but I will only address those portions which I both think are egregious and are straightforward. There is no way that a congressman should be able to argue that he/she didn’t understand the language or that he/she wasn’t aware of the consequences, etc…   I have excerpted the part of the bill in question so you can see the language yourself.  So here we go!!!

SEC. 3. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES OF HIGHER EDUCATION BENEFITS.

(a)   In General- Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.
The federal law mentioned above prohibits illegal aliens from getting instate tuition. I would like to take the time to point out the irony that any state that allows illegal immigrants to get instate tuition is violating federal law, this would be the perfect example of Preemption, unfortunately the federal government won’t stop this practice.

SEC. 4. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS CHILDREN.

(a) Special Rule for Certain Long-Term Residents Who Entered the United States as Children
(1) IN GENERAL- Notwithstanding any other provision of law and except as otherwise provided in this Act, the Secretary of Homeland Security may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, subject to the conditional basis described in section 5, an alien who is inadmissible or deportable from the United States, if the alien demonstrates that–
(A) the alien has been physically present in the United States for a continuous period of not less than 5 years immediately preceding the date of enactment of this Act, and had not yet reached the age of 16 years at the time of initial entry;
This act would allow anyone who is 5 years plus one day who was brought into this country as a newborn to be eligible.  Later in the act it stipulates that the “alien” can be not older than 35 years old to apply.  Has anyone thought about how many people we are talking about?  And once all these people are rewarded with citizenship they can proceed to legalize all of their relatives.
(B) the alien has been a person of good moral character since the time of application;
This essentially forgives anything the alien has done up to the point of application.  So, technically an alien could apply and there would be no consideration of any previous criminality, this might also include DUI, and any other previous arrests and/or convictions.
(2)   WAIVER- Notwithstanding paragraph (1), the Secretary of Homeland Security may waive the ground of ineligibility under section 212(a)(6)(E) of the Immigration and Nationality Act and the ground of deportability under paragraph (1)(E) of section 237(a) of that Act for humanitarian purposes or family unity or when it is otherwise in the public interest.
DHS can waiver anyone and stop them from being deported.  Under the guise of family unity that would essentially include every single illegal “alien” that applies for the program. But in case that isn’t enough DHS can waive deportation if they can find some public interest as determined by DHS.
(d) Exemption From Numerical Limitations- Nothing in this section may be construed to apply a numerical limitation on the number of aliens who may be eligible for cancellation of removal or adjustment of status under this section.
There is no limit to how many people can qualify under this act.  If there are 13 million, so be it. People will wait for years to get approved and, as you will see later; once they apply they cannot be deported if they have pending application.
(f) Removal of Alien- The Secretary of Homeland Security may not remove any alien who has a pending application for conditional status under this Act.
ONCE AN ILLEGAL ALIEN APPLIES HE/SHE CANNOT BE DEPORTED!!!!

SEC. 5. CONDITIONAL PERMANENT RESIDENT STATUS.

(2) HARDSHIP EXCEPTION-
(A) IN GENERAL- The Secretary of Homeland Security may, in the Secretary’s discretion, remove the conditional status of an alien if the alien–
(i) satisfies the requirements of subparagraphs (A), (B), and (C) of paragraph (1);
(ii) demonstrates compelling circumstances for the inability to complete the requirements described in paragraph (1)(D); and
(iii) demonstrates that the alien’s removal from the United States would result in exceptional and extremely unusual hardship to the alien or the alien’s spouse, parent, or child who is a citizen or a lawful permanent resident of the United States.
The DHS can determine a hardship and remove the conditional status of the alien, without the alien having either completed a degree or serving in the armed forces.  Notice that the hardship can affect anyone in his immediate family who is a US citizen.  This paragraph will essentially allow anyone who entered illegally as a child and subsequently had children to stay in the US.

SEC. 7. EXCLUSIVE JURISDICTION.

(c) Employment- An alien whose removal is stayed pursuant to subsection (b) may be engaged in employment in the United States consistent with the Fair Labor Standards Act (29 U.S.C. 201 et seq.) and State and local laws governing minimum age for employment.
Once the alien applies he/she is legally allowed to work. Fancy that! Who needs a guest worker program when all you have to do is go to school or join the army?

SEC. 9. CONFIDENTIALITY OF INFORMATION.

(b)    Penalty- Whoever knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000.
I’m not completely sure but I think this is a clause that will prohibit the oversight of this program by anyone outside of DHS and the DOJ.  That means there is no way to see what is happening behind the scenes. Who is getting a waiver, who is a hardship, how many are in the program, how many actually completed the requirements.  It is unconscionable that the federal government would legislate that a federal program cannot be audited or examined.

SEC. 11. HIGHER EDUCATION ASSISTANCE.

Notwithstanding any provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), with respect to assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), an alien who adjusts status to that of a lawful permanent resident under this Act shall be eligible only for the following assistance under such title:
(1) Student loans under parts B, D, and E of such title IV (20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.), subject to the requirements of such parts.


(2) Federal work-study programs under part C of such title IV (42 U.S.C. 2751 et seq.), subject to the requirements of such part.

(3) Services under such title IV (20 U.S.C. 1070 et seq.), subject to the requirements for such services.
The American Tax Payer will foot the bill for the education of all these Illegal aliens getting an education. YOU have to pay for it. You have to subsidize the failure of other governments to offer economic opportunity to their citizens.
There is more in this very short proposition, I recommend everyone read it. Then ask yourself what the hell is going on in this country when not only are we rewarding illegal aliens with the opportunity for an education but we may in fact end up paying for it.  Meanwhile law-abiding immigrants are essentially punished for following the law and trying to do things the right way.
Call your Senator.

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