September 25, 2007

Thank you for your letter expressing your thoughts regarding a proposed amendment to the National Defense Authorization Act for Fiscal Year 2008 (H.R. 1585).

The amendment referred to in your letter (S.A. 2919) was introduced by Senator Richard Durbin on September 19, 2007. If enacted, it would attach the provisions of the DREAM Act, or the Development, Relief and Education for Alien Minors Act (S. 774). The Senate is likely to vote on this amendment within the next few days.

I am a cosponsor of this amendment, which, in many ways, mirrors legislation I have introduced in previous Congresses. Issues surrounding the DREAM Act are fairly complex. That being the case, there are many misconceptions regarding this legislation. I would like to take a moment to explain why I have offered my support.

As you may know, each year, thousands of young, undocumented immigrants graduate from high school in the United States. Most of them came to this country with their parents as small children and have been raised in the U.S. just like their American citizen classmates. Many of these graduates view themselves as Americans, and are loyal to our country. Some do not even realize that they are here in violation of our immigration laws. For the most part, they grow up to become honest and hardworking adolescents and young adults, and strive for academic and professional excellence. These are the individuals that would benefit from the passage of the DREAM Act.

Most significantly, S.A. 2919 would qualify a limited class of undocumented immigrants for a conditional change in status to become a lawful permanent resident. In order to qualify, the individual must demonstrate that they: 1) were brought to the U.S. prior to their 16th birthday; 2) have been continually present in the U.S. for five years preceding the enactment of the bill; 3) were under the age of 30 on the date of enactment; 4) have good moral character; 5) have earned either a high school diploma or GED while residing in the U.S. or have been admitted to a U.S. college or university; and 6) have never been under a final judicial or administrative order of exclusion or deportation.

At the end of a six-year conditional period, unrestricted lawful permanent resident status would only be granted if, during the conditional period, the immigrant maintained good moral character, avoided lengthy trips abroad, and either: 1) completed two years of study toward a Bachelor's or higher degree or graduated from a qualified vocational program; or 2) served in the U.S. military for at least two years, and if discharged, received an honorable discharge.

There have been a number of false claims made regarding other provisions of this bill. For example, some have claimed that it would provide illegal aliens with free college tuition. This is simply not the case. The bill simply provides for a conditional change in status. It does not create any new tuition or financial aid programs. The only forms of government assistance that would be available to individuals under this bill are those that are currently available to all students in the United States. Others have claimed that the bill would change the status of the students' parents and family. This claim is also false. Under the bill, only the individual applicants would be eligible for a change in status. Finally, some have claimed that the bill provides amnesty for many current and future illegal immigrants, providing more incentives for people to enter the country illegally. However, the bill only applies to a narrow class of immigrants who were minors at the time they entered the country. And, once again, only those who have been present in the country for five years prior to the enactment of the bill would be eligible, making any future illegal immigrants ineligible for participation in the program.

Over the years, I have heard from a number of Utahns, many of whom are otherwise adamantly opposed to illegal immigration, asking me to intervene on behalf of individual students who have shown great potential, but because they were brought into the country illegally, have been denied an opportunity to fulfill their potential. Despite these pleas and my best efforts on their behalf, very little can ever be done for the children and young adults who find themselves in this situation. I believe the DREAM Act would go a long way toward helping these individuals.

Make no mistake, I share the concerns of many Utahns regarding illegal immigration. I have continually been supportive of efforts to improve our nation's border security and to provide adequate resources to enforce our nation's immigration laws. However, I also believe that, in the U.S., we should not punish children for the crimes committed by their parents. In addition, I believe that those who would benefit under the DREAM Act are precisely the type of loyal, independent, and motivated immigrants that our nation should want to remain in the United States.

Thank you, once again, for writing. I appreciate your comments regarding this controversial issue.