Home > Federal, National > 10 things you need to know about the DREAM act – why it must be stopped, again! and related illegal immigration issues

10 things you need to know about the DREAM act – why it must be stopped, again! and related illegal immigration issues

December 6, 2010
Ten Things You Need To Know About S.3827, The DREAM Act  
By Senator Jeff Sessions
Thursday, November 18 2010

1. The DREAM Act Is NOT Limited to Children, And It Will Be Funded On the Backs Of Hard Working, Law-Abiding Americans

Proponents of the DREAM Act frequently claim the bill offers relief only to illegal alien “kids.” Incredibly, previous versions of the DREAM Act had no age limit at all, so illegal aliens of any age who satisfied the Act’s requirements—not just children—could obtain lawful permanent resident (LPR) status. In response to this criticism, S.3827 includes a requirement that aliens be under the age of 35 on the date of enactment to be eligible for LPR status. Even with this cap, many aliens would be at least 41 years old before obtaining full LPR status under the Act—hardly the “kids” the Act’s advocates keep talking about.

The DREAM Act requires that DHS/USCIS process all DREAM Act applications (applications that would require complex, multi-step adjudication) without being able to increase fees to handle processing. This mandate would require either additional Congressional appropriations, or for USCIS, a primarily fee-funded agency, to raise fees on other types of immigration benefit applications. This would unfairly spread the cost of administering the DREAM Act legalization program among applicants and petitioners who have abided by U.S. laws and force taxpayers to pay for amnesty. Taxpayers would also be on the hook for all Federal benefits the DREAM Act seeks to offer illegal aliens, including student loans and grants.

2. The DREAM Act PROVIDES SAFE HARBOR FOR ANY ALIEN, Including Criminals, From Being Removed or Deported If They Simply Submit An Application

Although DREAM Act proponents claim it will benefit only those who meet certain age, presence, and educational requirements, amazingly the Act protects ANY alien who simply submits an application for status no matter how frivolous. The bill forbids the Secretary of Homeland Security from removing “any alien who has a pending application for conditional status” under the DREAM Act—regardless of age or criminal record—providing a safe harbor for all illegal aliens. This loophole will open the floodgates for applications that could stay pending for many years or be litigated as a delay tactic to prevent the illegal aliens’ removal from the United States. The provision will further erode any chances of ending the rampant illegality and fraud in the existing system.

3. Certain Criminal Aliens Will Be Eligible For Amnesty Under The DREAM Act

Certain categories of criminal aliens will be eligible for the DREAM Act amnesty, including alien gang members and aliens with misdemeanor convictions, even DUIs. The DREAM Act allows illegal aliens guilty of the following offenses to be eligible for amnesty: alien absconders (aliens who failed to attend their removal proceedings), aliens who have engaged in voter fraud or unlawfully voted, aliens who have falsely claimed U.S. citizenship, aliens who have abused their student visas, and aliens who have committed marriage fraud. Additionally, illegal aliens who pose a public health risk, aliens who have been permanently barred from obtaining U.S. citizenship, and aliens who are likely to become a public charge are also eligible.

4. Estimates Suggest That At Least 2.1 Million Illegal Aliens Will Be Eligible For the DREAM Act Amnesty. In Reality, We Have No Idea How Many Illegal Aliens Will Apply

Section 4(d) of the DREAM Act waives all numerical limitations on green cards, and prohibits any numerical limitation on the number of aliens eligible for amnesty under its provisions. The Migration Policy Institute estimates that the DREAM Act will make approximately 2.1 million illegal aliens eligible for amnesty. It is highly likely that the number of illegal aliens receiving amnesty under the DREAM Act will be much higher than the estimated 2.1 million due to fraud and our inherent inability to accurately estimate the illegal alien population. Clearly, the message sent by the DREAM Act will be that if any young person can enter the country illegally, within 5 years, they will be placed on a path to citizenship.

5. Illegal Aliens Will Get In-State Tuition Benefits

The DREAM Act will allow illegal aliens to qualify for in-state tuition, even when it is not being offered to U.S. citizens and legally present aliens living just across state lines. Section 3 of the DREAM Act repeals Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) which prohibits giving education benefits to an unlawfully present individual unless that same benefit is offered to all U.S. citizens.

6. The DREAM Act Does Not Require That An Illegal Alien Finish Any Type of Degree (Vocational, Two-Year, or Bachelor’s Degree) As A Condition of Amnesty

DREAM Act supporters would have you believe that the bill is intended to benefit illegal immigrants who have graduated from high school and are on their way to earning college degrees. However, the bill is careful to ensure that illegal alien high school drop-outs will also be put on a pathway to citizenship – they simply have to get a GED and be admitted to “an institution of higher education,” defined by the Higher Education Act of 1965.

Under the Higher Education Act, an “institution of higher education” includes institutions that provide 2-year programs (community colleges) and any “school that provides not less than a 1-year program of training to prepare students for gainful employment” (a vocational school). Within 8 years of the initial grant of status, the alien must prove only that they finished 2 years of a bachelor’s degree program, not that they completed any program or earned any degree.

If the alien is unable to complete 2 years of college but can demonstrate that their removal would result in hardship to themselves or their U.S. citizen or LPR spouse, child, or parent, the education requirement can be waived altogether.

7. The DREAM Act does not require that an illegal alien serve in the military as a condition for amnesty, and There is ALREADY A Legal Process In Place For Illegal Aliens to Obtain U.S. Citizenship Through Military Service

DREAM Act supporters would have you believe that illegal aliens who don’t go to college will earn their citizenship through service in the U.S. Armed Forces. However, the bill does not require aliens to join the U.S. Armed Forces (the Army, Navy, Air Force, Marine Corps, or Coast Guard); instead it requires enlistment in the “uniformed services.” This means that aliens need only go to work for the National Oceanic and Atmospheric Administration or Public Health Service for 2 years to get U.S. citizenship. If the alien is unable to complete 2 years in the “uniformed services,” and can demonstrate that their removal would result in hardship to themselves or their U.S. citizen or LPR spouse, child, or parent, the military service requirement can be waived altogether. Such claims will likely engender much litigation and place a huge burden on DHS.

Furthermore, under current law (10 USC § 504), the Secretary of Defense can authorize the enlistment of illegal aliens. Once enlisted in the U.S. Armed Forces, under 8 USC § 1440, these illegal aliens can become naturalized citizens through expedited processing, often obtaining U.S. citizenship in six months.

8. Despite Their Current Illegal Status, DREAM Act Aliens Will Be Given All The Rights That Legal Immigrants Receive—Including The Legal Right To Sponsor Their Parents and Extended Family Members For Immigration

Under current federal law, U.S. citizens have the right to immigrate their “immediate relatives” to the U.S. without regard to numerical caps. Similarly, lawful permanent residents can immigrate their spouses and children to the U.S. as long as they retain their status. This means illegal aliens who receive amnesty under the DREAM Act will have the right to immigrate their family members—including the parents who sent for or brought them to the U.S. illegally in the first place—in unlimited numbers as soon as they become U.S. citizens (6 to 8 years after enactment) and are 21 years of age.

Additionally, amnestied aliens who become U.S. citizens will be able to petition for their adult siblings living abroad to immigrate to the U.S., further incentivizing chain migration and potentially illegal entry into the United States (for those who don’t want to wait for the petition process overseas). When an adult brother or sister receives a green card, the family (spouse and children) of the adult sibling receive green cards as well.

9. Current Illegal Aliens Will Get Federal Student Loans, Federal Work Study Programs, and Other Forms of Federal Financial Aid

Section 10 of the DREAM Act allows illegal aliens amnestied under the bill’s provisions to qualify for federal student assistance under Title IV of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) in the form of federal student loans (Stafford Loans, Perkins Loans, Federal Direct Stafford/Ford Loans), federal work-study programs, and other federal education services such as tutoring and counseling.

10. DHS Is Prohibited From Using the Information Provided By Illegal Aliens Whose DREAM Act Amnesty Applications Are Denied To Initiate Their Removal Proceedings or Investigate or Prosecute Fraud in the Application Process

When an illegal alien’s DREAM Act amnesty application is denied, the bill states that the alien will revert to their “previous immigration status,” which is likely illegal or deportable. The bill, however, prohibits using any of the information contained in the amnesty application (name, address, length of illegal presence that the alien admits to, etc) to initiate a removal proceeding or investigate or prosecute fraud in the application process. Thus, it will be extremely hard for DHS to remove aliens who they now know are illegally present in the U.S., because illegal aliens will be able to claim that the legal action is a product of the amnesty application, and DHS will have the nearly impossible task of proving a negative.

The Honorable Jeff Sessions is a Republican U.S. Senator from Alabama.


Oppose this now by taking action: Go to http://www.numbersusa.com and fax your Congress persons (free)

White House Steps up DREAM Pressure; Focuses on Key Republican Senators

Updated: Friday, December 3, 2010, 3:49 PM
The White House is reaching out to fence-sitting Republican Senators trying to earn their vote on the DREAM Act. A new report from the National Journal says that members of the President’s cabinet are targeting Sens. Collins and Snowe from Maine, Sen. LeMieux of Florida, and Sen. Hutchison of Texas. Call the Capitol Switchboard NOW and urge these Senators and your Members of Congress to oppose the DREAM Act Amnesty — 202-224-3121. In the last few days, Secretary of Homeland Security Janet Napolitano, Commerce Secretary Gary Locke, Director of Intergovernmental Affairs Cecelia Munoz, and Education Secretary Arne Duncan have all tried to lure “yes” votes out of key Senators.Read Full Story

November Jobless Rate up to 9.8%; DREAM Act Would Add at least 2.1 Million Workers to Job Market

Friday, December 3, 2010, 8:36 AM EST – posted on NumbersUSA

The jobless rate inched up in November to 9.8% after settling at 9.6% for the past several months. The jobless rate for most vulnerable groups of U.S. citizens and legal immigrants all increased in November. If passed by Congress, the DREAM Act Amnesty would add at least 2.1 million individuals to the depressed job market. We need to put our own citizens back to work, not illegal aliens!Read Full Story

CIS Estimates DREAM Act Would Cost American Taxpayers $6.2 Billion Per Year

Friday, December 3, 2010, 8:03 AM EST – posted on NumbersUSA

The Center for Immigration Studies says passage of the DREAM Act would cost American taxpayers at least $6.2 billion per year. According to CIS, at least 1.2 million illegal aliens would enroll in public colleges and universities, qualifying for in-state tuition rates. The average $6,000 in-state tuition benefit would be subsidized to the taxpayers.Read Full Story

Sen. Sessions Urges Fellow Senators to Oppose the DREAM Act

Thursday, December 2, 2010, 11:34 AM EST – posted on NumbersUSA

Sen. Jeff Sessions (R-Ala.), who also serves as the Ranking Member of the Senate Judiciary Committee, wrote a letter to his Senate colleagues urging them to oppose the DREAM Act. In his letter, Sen…. 

Read Full Story

Sen. Sessions: ‘The American People Did Not Vote for Amnesty’

Sen. Vitter Criticizes DREAM Act; Requests CBO Score

Rep. Steve King Requests Cost Analysis of the DREAM Act


12 Days Until Christmas Ends Amnesty Threat

By Roy Beck

Friday, December 3, 2010, 2:52 PM EST – posted on NumbersUSA

Essentially, there are 12 legislative days until Christmas ends the amnesty threat. The title of this blog is the name of our remaining grassroots mobilization campaign of the year. Our activist members will be working through these 12 days to make 2010 the 9th year in a row that the grassroots will have completely killed off all attempts to pass any kind of amnesty. It now looks like next Wednesday is the next day that an amnesty vote is being threatened.

Read Full Entry 

Of All Problems With DREAM Amnesty, One Overshadows All Others — It Protects Jobs Magnet For Future Illegal Aliens


Fighting Toe to Toe for Our Nation: More Calls Needed!
Friday, December 03 @ 10:03:37 EST by admin
Americans for Legal Immigration PACFriends of ALIPAC,There are different reports about the timing of the Amnesty vote. Congressman Luis Gutierrez (D-IL) was on MSNBC last night rallying illegal alien supporters saying the vote could come anytime today… Friday.Please get back on the phones to call our refined targets list! Please use our new tips and please focus on the message which has the illegals in an uproar and also making threats.Please keep repeating this to Congressional offices….”Please oppose the Dream Act Amnesty because it would displace and replace millions of innocent American students, workers, and voters with illegal aliens!”…

Luis (the Anarchist. or is it the Seditionist, or both)  said:

The Senate is set to vote on a controversial immigration bill. If it fails, Rep. Luis Gutiérrez tells Bryan Curtis he’s prepared to ditch Obama and the Democrats—and take the movement to the streets.


UPDATE DEC. 6, 2010 – First Dream Act Amnesty votes now scheduled for Wednesday Dec. 8

WARNING: According to our friends at NumbersUSA, the illegal aliens and their supporters are beating us with more calls arriving in support of Amnesty than opposed to Amnesty with your lawmakers. 

Even though several scientific polls show we Americans over-whelmingly oppose Dream Act Amnesty, and only 22% support it (and of course you know why, for all the wrong reasons), the well planned and well financed efforts of the Open Borders Lobby are winning in DC.

To turn thing around we need you to: A. Mobilize and respond to our requests for help. B. Mobilize and organize others around our requests for help. (Be the media!) C. Combine your time and funds to help us get more lawmakers and media sources opposing Dream Amnesty ASAP! …

Please take action now by going to: http://www.alipac.us/ftopicp-1140509.html#1140509

ALIPAC Moderator – Location: New Alien City-(formerly New York City)

ALIPAC Moderator
“If a man sneaks into your home he is a burglar, not an undocumented tenant you must provide for!”


ALIPAC New Recruit! – Location: Upstate New York


I just want to make sure I do this correctly. I want to send press releases to all the local papers in the area around where I live, whenever you have them, and when I do, do I send the entire thing?


ALIPAC President William Gheen
ALIPAC President or Administrator

Yes please email or fax the entire release, Thank you.


 Federation for American Immigration Reform

dream act sidebar

  • Poll Shows Most Voters Do Not Support DREAM Act
  • Anti-Hispanic Hate Crime Drops Three Years in a Row, What Will Mass Immigration Advocates Use Now to Stifle Debate?
  • National Exit Polling Shows Voters Support Strong Immigration Enforcement
  • FAIR Urges New Congress to Promote True Immigration Reform
  • Take action- the facts- and what you can do



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