Update on migration legislation, February 2008
Below is an update on proposed pieces of legislation related to migration.
1) The DREAM Act: On October 24, 2007, the supporters of the DREAM Act failed to garner enough votes to take the bill to the Senate floor, and thus effectively stopped the progression of Congress’ most recent attempt to address part of the immigration dilemma.
The “Development, Relief, and Education for Alien Minors (DREAM) Act” was a bipartisan bill that attempted to provide a path to citizenship for young people who grew up in the U.S. but had restrictions on their progression in society because their parents had brought them to the country as minors without proper documents. The bill was designed to give students an opportunity to become permanent residents after a six-year conditional permanent resident status. The bill limited eligibility to students who had: come to the U.S. prior to the age of 16 and were no older than 30; lived in the U.S. for at least five years before the bill’s passage; graduated from a U.S. high school; and demonstrated “good moral character.” The DREAM Act would have enabled these students to become eligible for citizenship by pursuing either two years of higher education or military service during their six years of conditional residency.
The sponsors for S. 774 were Sens. Richard Durbin (D-IL), Chuck Hagel (R-NE), and Richard Lugar (R-IN). The House considered the “American Dream Act” (HR 1275), and Reps. Howard Berman (D-CA), Lincoln Diaz-Balart (R-FL), and Lucille Roybal-Allard (D-CA) acted as the chief sponsors. The DREAM Act has a long history in Congress, twice passing the Senate Judiciary Committee in 2003 and 2006. The bill could not gain enough support, however, to make it to the floor of the Senate this October. Momentum seems to have waned on the immigration debate; even still, you can see how your member of Congress voted and can communicate your desire to give equitable opportunities to promising young people who were brought to this country without their choosing.
Fact sheets on the DREAM Act:
NETWORK's fact sheet on the DREAM Act
Mennonite Central Committee (MCC)'s fact sheet on the DREAM Act (PDF file)
MCC's legislative update and roll call on DREAM Act vote (PDF file)
2) SAVE Act 2007 (Secure America Through Verification and Enforcement Act of 2007) (HR 4088): Rep. Heath Schuler (D-NC) introduced the Secure America with Verification and Enforcement (SAVE) Act (HR 4088) on November 6, 2007. This enforcement-only bill has 134 cosponsors, with nearly equal numbers of Democrats and Republicans. A companion bill (S. 2368) was also introduced into the Senate by Sen. Mark Pryor (D-AR) and is currently only co-sponsored by Sens. Mary Landrieu (D-LA) Richard Burr (D-NC), Thomas Carper (D-DE), and Saxby Chambliss (R-GA).
From NETWORK’s analysis: “An enforcement-only bill fails to recognize the dignity and value of the immigrant population, which has been an important part of our country’s identity for centuries. It also simply drives migrants and immigrant families into the shadows rather than into the open, making it more difficult for our law enforcement officials to protect our country.”
The main provisions of HR 4088/S. 2368:
- Provide 8,000 additional border patrol agents over the course of four years (80 percent of whom will go to the Mexican border; 20 percent to the Canadian border)
- Implement a targeted media campaign to inform undocumented immigrants and employers of new laws and penalties for hiring illegal immigrants
- Increase the investigative abilities of the Immigration Customs and Enforcement (ICE) Agency by employing more agents and training state and local law enforcement personnel
- Aim to deport undocumented immigrants by expanding detention capacity and increasing the number of Federal District Court Judges
- Work to make use of new technology and fencing for border security, and expands specialized enforcement programs such as those aimed at drug smugglers and “coyotes” who smuggle immigrants across the border
- Recruit new agents and border personnel (including former military personnel) with bonuses, student loan repayments, and other financial incentives
- Expand the E-Verify program (program used to check for legal status of hired employees) and makes it mandatory for businesses.
The SAVE Act fails to:
- Include a plan for putting the undocumented in the country on a path to citizenship
- Create avenues for legal migration, and reuniting immigrant families
- Create visas for migrants to enter the country to safely and legally work
- Ensure rights and access to public services for legal immigrants and their families just as every citizen
- Include strong language that would involve working with governments in countries with significant rates of migration to jointly address and solve the crisis.
HR 4088 has been sent to several committees, including House Agriculture, House Armed Services, House Education and Labor, House Homeland Security, House Judiciary, House Natural Resources, House Oversight and Government Reform, and House Ways and Means. The bill’s biggest hurdle is the House Homeland Security committee whose chairperson, Rep. Loretta Sanchez ( D-CA) has said that the chance of its successful passage through her committee seems slim; much of what the bill seeks to do is already on the law books, however been poorly enforced. The bill could eventually pass onto the floor of the House, but party leaders would have to avoid the committee process to make that happen. Many members of the Congressional Hispanic Caucus have voiced concerns about an enforcement-only bill.
This bill has little chance of getting out of committee and is mostly a symbolic measure to shore up political support for the election year. The Senate bill has seen no action since its introduction.
3) State laws related to immigration: In August 2007, the National Conference of State Legislatures reported on the activity of states for the first half of 2007 in legislation related to immigrants and immigration. Click HERE for the report. Since the federal government has failed to pass comprehensive reform of the U.S. immigration system, states have filled in the gap with their own responses and solutions. The report breaks down by major topic (i.e. education, employment, legal services, etc.) and by state, creating an accessible resource that summarizes the varying actions that are defining our nation’s interaction with millions of immigrants.