The Dream

The Dream Act. Right now, caught in what Americans love better than almost anything – a fight – it is still a dream. But, if we ever could stop letting the perfect get in the way of the good enough, maybe this dream could become a reality.

Recently, the Philosophical Society at Forsyth Tech sponsored a well-attended debate on the Act. I was honored to be asked to moderate.

In broad strokes, the Act provides for a three step process for certain aliens, brought here as youths, to achieve citizenship. First, an undocumented youth, continuously present since before a specified date, under age 35 when the Act is passed, and who was less than 15 when he came, can apply for “conditional” permanent resident status if, among other things, he has been admitted to an institution of higher education or has earned a high school diploma.

Thereafter, the “conditional “status can removed if the alien has acquired a college degree or completed at least 2 years toward one, or has served in the military for 2 years. Once the “conditional” status has been removed, the alien may proceed to citizenship in the way presently provided by law.

What’s wrong with this scheme? Plenty say the opponents. But, each objection poses a drafting challenge easily met by those willing to compromise. Unfortunately, it seems as if we do not elect our representatives to compromise. We elect them to fight and that seems to be all they do. Or, even worse, as one question submitted from the audience at Forsyth Tech stated: “No one wants the Dream Act to pass in any form. It’s too good an issue for both political parties.”

First, let’s deal with the notion that these aliens somehow are criminals. Nonsense! They may be here without status, but most were too young when they crossed the border to have formed what lawyers refer to as mens rea – a criminal intent. We don’t generally punish those too young to form such intent. And, we don’t generally penalize for life those who commit crimes when they are minors. So, if 15 is too old an arrival age, adjust the age down to whatever is generally consistent with federal precedent on this issue. Also, let’s recognize that we never are going to throw those who might be eligible out of the country. They know no other home; they know no other life. The history of U.S. immigration policy already is ugly enough.

If the conditions for the removal of “conditional” from an alien’s permanent status are too easily achieved, make them tougher. Simply require a college degree or a certificate necessary for admission to some profession or trade. Require more years of military service.

If there is concern about a flood of aliens coming into the country to take advantage of the Act, make the date by which an alien youth had to have arrived 2005 or some other earlier date and provide that enactment of similar schemes in the future is not to be anticipated.

If there is concern that citizenship will prove a boon to one political party or will result in a horde of family members obtaining legal status, specifically provide that those who take advantage of the act not be eligible for citizenship. This possibility was raised at the Forsyth Tech debate without objection.

The present draft provides for waivers of some requirements if “hardship” can be established. To some, this provides the possibility of a wide open back door by which the college and military service requirements may be avoided. Eliminate the hardship waiver possibility.

Some have expressed concern that the Act will result in an overburdening of our social welfare mechanisms. Shame on us if we anticipate that an alien who meets stringent educational or military service requirements is likely to spend a significant portion of his life on welfare assistance.

Thoreau told us that “Dreams are the touchstones of our character” and advised us to not “be pushed by [our] problems. Be led by your dreams.” Good advice which we should take to heart. The Cable Guy told us that “the future is now.” It should be for the Dream Act.