Deportations are becoming a hot subject. They are actually happening too often among young undocumented migrants who were brought by their parents when they were little, and could not choose whether to come to the land of the American Dream or be left behind.
The estimated number of undocumented immigrants increased from 3 million in 1980 to 11.9 million in 2008, a four-fold increase. The increase in the number of undocumented immigrants in the U.S. coincides with an increase in the number of deportations, or removals, done by the federal government. According to the Department of Homeland Security, nearly 359,000 immigrants were removed from the USA in 2008, up from 18,000 in 1980.
Alberto Rodríguez from San Diego is one of those kids, the so-called 1.5 generation by professors Rubén Rumbaut and Alejandro Portes. The 1.5-generation refers to those who immigrate early in life, before or during their early teens. They earn the label the “1.5-generation” because they bring with them characteristics from their home country but continue their assimilation and socialization in the new country. Their identity is thus a combination of new and old culture and tradition.
Alberto was just 5 years old when he was taken to San Diego, California. His parents crossed the border through Tijuana, without documents and brought him along in the same way. Minors in the United States, like Alberto, can only obtain permanent status through their parents; there is no independent method to accomplish this. If a child is brought into the country without immigration visas there is no method for becoming a legal resident. Returning to their country of birth would not guarantee a path to legal status. Attempts to return are often too difficult, with roadblocks such as ten-year bans on re-entering the U.S.
Alberto had not realized his undocumented status until he was in High School. He wanted to apply for a scholarship to attend university more than anything else in life. That was when all of a sudden he realized that he could not apply for the so-wanted scholarship due to his irregular status.
Over three million students graduate from U.S. high schools every year. A group of approximately 65,000 are undocumented. Just like Alberto. These youth have lived in the United States for most of their lives and want nothing more than to be recognized for what they are, Americans.
Nevertheless, there is hope.
The DREAM Act
The Development, Relief and Education for Alien Minors Act (The “DREAM Act”) is a piece of proposed federal legislation in the United States that was first introduced in the United States Senate on August 1, 2001, and most recently re-introduced there and in the United States House of Representatives on March 26, 2009. This bill offers more than 2 million young undocumented immigrants a path to citizenship, a move that will re-open the debate on the issue ahead of the November mid-term elections.
On 21stSeptember 2010, Congress yet again failed to pass the DREAM Act – although this is not yet the end of the story. President Barack Obama has been under fire in the Hispanic community for failing to keep his promise to tackle immigration reform in the first year of his presidency. Some fear that Latino voters will stay home in November because of this latest inaction on an issue close to their hearts.
So what are the details of the bill? According to the 2009 version of the senate bill, DREAM Act beneficiaries would need to:
Have proof of having arrived in the United States before age 16.
Have proof of residence in the United States for at least five consecutive years since
Have their date of arrival compliant with Selective Service.
Be between the ages of 12 and 35 at the time of bill enactment.
Have graduated from an American high school or obtained a GED (high school equivalency tests).
Be of “good moral character”
During the first six years, the immigrant would be granted “conditional” status, and would be required to graduate from a two-year community college or complete at least two years towards a 4-year degree, or serve two years in the U.S. military. After the six-year period, an immigrant who met at least one of these three conditions would be eligible to apply for legal permanent resident status. During this six year conditional period, immigrants would not be eligible for federal higher education grants such as Pell grants, but they would be able to apply for student loans and work study. If all the conditions were met at the end of the 6-year conditional period, they would be granted permanent residency, which would eventually allow them to become U.S. citizens.
However if the educational or military service requirement within the six-year time period, was not meet, their temporary residence would be revoked and they would be removable. Being convicted of a major crime, or drug-related infraction would also automatically remove the six-year temporary residence status and they would be subject to deportation.
Making the Act reality: the odds in favour and the odds against
According to the New York Times, “Senate Democrats seemed more intent on talking about the [DREAM] Act than on passing it”. The Democratic Senate leader, Harry Reid (Nevada), is introducing the bill. Reid has a personal interest in the issue, facing a tight race in Nevada that could depend on the Latino vote. By declaring his desire to attach the DREAM Act to a major military bill, Harry Reid sought to remind Hispanic voters that most Democrats supported the immigration measure. The military bill was blocked on September 21st, and it is unclear that Mr. Reid has enough votes, even among Democrats, to advance the Dream Act any further.
The Democratic Party used it as a no-lose situation. Now that the Republicans voted against, the Democrats are hoping this will cement their position as the party of the Latinos, the fastest-growing demographic group in the US. Obama urged Latino leaders to get out and vote in November. He portrayed the Democrats as their friends and the Republicans as their enemies. He told Latinos not to forget “who is standing with you, and who is standing against you”.
Moreover, the Pentagon is among the backers of the bill since the United States military have been struggling to maintain levels of recruitment, from 2005, in the face of troop demands in Afghanistan, Iraq and elsewhere; events which were described as a “crisis”. Immigrants who do not have a “green card” are not allowed to enlist.
Several senior officials at the Department of Defense have spoken in favor of promising legal status to members of the military as a means of boosting recruitment. Passage of the DREAM Act is one of the Department of Defense’s official goals for helping to maintain “a mission-ready, all-volunteer force.” As a political tactic by the Democrats, the bill has been placed onto legislation that approves defense spending for next year, which makes it harder for the Republicans to obstruct it.
Democrats have a majority in the Senate. They need to secure 60 of the 100 votes to prevent Republicans blocking the bill. If the Defense spending approval is held up, the Pentagon will have to seek emergency funding elsewhere.
What is the future for the DREAM Act?
The Dream Act is a coherent, honest and very much needed bill to be passed at the U.S. Congress. This coming November the Congress resumes activities and it will be again on the discussion table.
Barack Obama promised during this presidential run that he would introduce legislation to provide the estimated 12 to 20 million undocumented immigrants, most of them Latinos, with a route to citizenship but has so far failed to deliver. Politicians should keep in mind that promoting the Dream Act is not only about their careers, and getting more Latino voters. This is about the life and education of 2 million students like Alberto Rodriguez who want to have access to a higher education in the country that saw them grow up.
“Without the Dream Act, undocumented students are relegated to a mere shadow”.
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