Now that the DREAM Act has been reintroduced for the Nth time, it’s brought out the usual suspects in terms of misconceptions and incorrect characterizations of both the nature and effects of the Act itself. It’s time that someone created a comprehensive “FAQ” if you will of misconceptions that its opponents frequently disseminate. Now, I should preface this with a slight rebuke of major journalists in the media who have a responsibility to report honestly and seem to just skim facebook/twitter for their political discourse these days, rather than consult the bills themselves and maybe a freaking lawyer. Shame on you, on both sides, for exaggerating and holding back an issue that delves into correcting a divisive hypocrisy in our immigration system.
Quick disclaimer/info about myself that are relevant to this post: I am taking all answers to the misconceptions I post here straight from immigration law and the bill itself as written, not 3rd party sources, Glenn Beck, or a magic eight ball.
Misconception 1: This is AMNESTY, and nothing more.
Why it’s misconceived: I chose this misconception first because it’s the one that will be most frequently presented by the DREAM Act’s opponents. The misconception lies in the reflex nature to automatically label everything as either “amnesty” or “anti-immigrant” legislation. Both of these categorizations of most legislation oriented towards this subject matter are incorrect and destructive. For the purposes of the DREAM Act, it’s not even close. To understand why it’s not amnesty, we really need the legal definition of amnesty.
The legal definition of amnesty according to Black’s Law Dictionary (the legal dictionary that is the standard in most courts and law offices) reads as follows: “A sovereign act of pardon and oblivion for past acts, granted by a government to all persons (or to certain persons) who have been guilty of crime or derelict…” Now, the entire idea that any legislation is a form of amnesty hinges on the assumption that the proposed legislation is in fact pardoning a crime committed against society or state. So theoretically, for amnesty to be a possible conclusion, there has to have been a crime committed. This is where some handy-dandy research (read “Google”) becomes very useful. The DREAM Act itself has key components relevant to this misconception that I will list here and for use in other answers as well:
- The target of the DREAM Act is to provide an opportunity (not a gift) to acquire citizenship that was not already available to its indicated demographic of affected persons. This is because the affected persons in question are in fact in a sort of immigration limbo due to the fact that their immigration status as it currently stands is directly inherited by those who are/were in the parental roles in their lives.
- DREAMers, as they are often referred to, are non-native born US “residents” who were brought here after birth but before the age of 15 (previously 16 in older legislation). Potential immigrants in this particular bracket are unable to legally affect their own status because of the “age of majority” concept in the United States, reflected in the immigration policy itself of having the age requirement of 18 to apply for citizenship proceedings.
So, let’s recap. According to Black’s Law, amnesty is roughly defined as a pardon for a crime committed. Therefore, a crime must be committed in order to qualify to be pardoned. One cannot happen without the other, and you cannot grant amnesty for a crime that did not occur. Is the DREAM Act amnesty?
1. Crime Committed?
No, because if the main affected demographic targeted by the DREAM Act was in no way legally responsible for their status because of their age, they cannot therefore be reasonably expected to be held responsible for the results of actions not their own.
2. Amnesty?
If no crime was committed, then no amnesty can be granted. It is NOT amnesty.
Misconception 2: The DREAM Act is a reward for illegal immigration.
Answer: While I can certainly understand this perception, it’s drastically overblown, and the comfort lies in the already existing legal provisions in the statutes that many DREAM opponents currently claim to demand that the government “enforce”.
- The parents/legal guardians are in no way rewarded from this Act. Though there is a legal form that allows permanent residency recipients to file for immigration papers/status on behalf of certain relatives, this form still has its caveats and so does immigration status. Since the parents are undocumented, even with permanent residency or even naturalization completed the DREAMer will not be able to apply for any sort of status change for his/her parents until after that relative has left the country for over 10 consecutive years, due to the 3/10 bar rule that is frequently ignored in all this.
2. Since DREAMers are the ones who benefit the most directly, are they being rewarded? No, this isn’t a reward. It’s an exercise in deferred justice that has taken way too long due to underlying issues of frustration the immigration front. They never had a chance to decide their own immigration status, and this Act provides them with the opportunity to either become an American citizen of their own volition or violate those statutes on their own terms. Either way the choice is theirs now.
Misconception 3: The DREAM Act allows criminals into the country.
Answer: If you took the criminal record of the combined members of congress and the federal government and compared them with the DREAM Act qualifying recipients, you’d want to change our borders so that Washington, D.C. is in a different country. Heck, some of us already wouldn’t mind that. Just let us keep the cherry blossoms. Anyways, the DREAM Act is very explicit in designating strict criteria regarding background checks using biometric and fingerprint data (something it lacked previously), and criminal background minimal criteria for qualification for this program. It explicitly states “no convictions of any state or federal offense that resulted in a maximum sentence of 1 year or more” (paraphrasing, but you have Google, you’ll be okay), along with meeting every other criminal background criteria we’ve set for immigrants that are over 18 and going through the process naturally. Again, the answer is in the statutes and bill text itself. I’ll let you look it up for yourself.
Misconception 4: The DREAM Act will cost taxpayers money and take away school spots in colleges.
Answer: This is a touchy subject, because I certainly agree that spending taxpayers’ hard-earned dollars on unworthy causes is grounds for termination of employment for government officials (at least it should be, these days it seems more like grounds for promotion). This is why it’s important to understand the costs v. benefits of passing the DREAM Act. I’m not going to give you a spreadsheet here, so I’ll keep it simple:
- If the Act doesn’t pass, then consider the public school education money spent on them as good as gone.
- We’ve already spent taxpayer dollars educating these youth because a Supreme Court ruling in the 70’s decided that education fell under the 14th amendment’s protection and therefore we educate whoever walks in. To take this education time, effort, and money and send it back to another country is both inefficient and ill-advised, because that education is something we need here, to make America better, not Mexico, Guatemala, El Salvador, etc.
- Yes, in-state tuition is subsidized approximately 60-40 taxpayers to tuition paid by attendees. However, as stated above, the opportunity cost of not allowing these kids to get a legitimate education and compete as functioning members of our society is too great to risk. Remember when competition was supposed to be a good thing? If it raises the bar, let them in, you’re only going to raise the standards of winning and increase overall quality, not decrease it.
For now these are the major misconceptions I encounter. Please e-mail me at Parris2010@gmail.com or comment here to let me know if you’d like me to do a second addition with a longer list. Feel free to share, and thanks for reading!