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David Perez

David Perez

Posted: August 20, 2010 11:45 AM

The American DREAM

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Imagine a world where you couldn't dream of a better future, but others around you could. Where you knew that no matter how much you studied, or how hard you worked, you would never realize your full potential. Where your friends could go on to college, law school, or medical school. But no matter how smart you are, you would never enter a courtroom as a lawyer, read a medical report as a doctor, enter a classroom as a teacher, or travel overseas as a soldier.

Imagine this world of yours. This world without dreams. Now imagine that there is a ready explanation for it all: your parents. That is, your parents made a mistake at some point, and now you're paying the price.

For the most part, this is a silly hypothetical. Of course you wouldn't pay for your parents' mistakes, right?

Unless you're an undocumented student. In that case, all you have to look forward to is a classroom that you cannot enter and a door that will remain locked until Congress passes the DREAM Act.

The American Nightmare

When undocumented immigrants enter the country illegally, they are consciously breaking the law, and should be held responsible for their actions. And they are: under the present system, undocumented immigrants can't work legally, qualify for federal loans, or collect federal benefits.

But what about the kids they bring along with them? Those kids didn't decide to immigrate illegally. All too often they are brought to the United States as babies or toddlers, where they grow up like any other child in this country: speaking English, playing basketball, reciting the Pledge of Allegiance, and even watching The Simpsons. Just like you and me, they go to the Homecoming Game and worry about their Prom Date.

Yet there is one major difference in the way undocumented students grow up in this country: they have almost no chance of ever going to college. And without college, they'll never really emulate the teacher that inspired them, or graduate from law school, or swear the Hippocratic Oath to become a doctor. They go to sleep at night with no dream to look forward to. All because of a decision that someone else made.

How can this be?

In 1982, in Plyler v. Doe, the Supreme Court considered whether Texas could deny school enrollment and withhold state education funds from undocumented children trying to attend elementary school. Writing for the majority, Justice Brennan explained that the restrictions on educational opportunities needlessly targeted kids by imposing a "discriminatory burden on the basis of a legal characteristic over which children can have little control." Before striking down the law, the Court made a rather unremarkable observation: children don't decide to immigrate illegally - their parents make those decisions for them.

So why punish kids who are just trying to educate themselves for something they couldn't control?

But nearly thirty-years after Plyler, undocumented students still face unique barriers to higher education because they can neither work legally nor qualify for financial aid. As a result, only a small fraction of an estimated 65,000 undocumented students who graduate from U.S. high schools each year are able to pursue a college degree.

This glass ceiling traps high achieving students, who want nothing more than to go to college. These children, who have grown up and lived their whole lives in our communities, include Ivy League-bound honor roll students and star athletes, talented artists and homecoming queens, and of course, aspiring teachers, doctors, lawyers, and even would-be U.S. soldiers.

Perversely, in the very country where children are taught that hard work and determination can make any dream come true, students are punished for being ambitious and diligent.

There is perhaps no worse nightmare than knowing you can do something (like go to college), but finding out that you are unable to do so because of someone else's decision.

The American DREAM

Given the increasing importance of a college education, it's finally time for Congress to end this absurdity and pass the Development, Relief, and Education for Alien Minors Act ("DREAM Act"). The DREAM Act, a bipartisan proposal, would provide qualifying students the opportunity to go to college or enlist in the military. To qualify an immigrant must have lived continuously in the United States for five years or more, have good moral character, and either earn a two-year degree from an accredited college or serve at least two years in the U.S. military within a six-year span.

If passed, the DREAM Act would restore every student's right to finish her studies and to continue dreaming.

Opponents of the DREAM Act believe the measure would reward and incentivize illegal behavior. Yet, how can you incentivize a baby to immigrate illegally? How can you incentivize a 12-year old who has no control over where he lives or goes?

The DREAM Act doesn't reward students for their parents' illegal behavior; all it does is fix a system that currently punishes them for their parents' decisions. It's not easy to get on the Honor Roll, to graduate at the top of your class, or to get admitted to Princeton. And it's certainly much harder to do so if your parents are undocumented. So why punish success?

Others say that the act would only encourage even more illegal immigration by making it easier for the sons and daughters of undocumented immigrants to qualify for student loans. But since the Act would only apply retroactively - that is, only to students who arrived before the Act was passed, and not to those that arrive thereafter - no such incentive exists. Ultimately, the only activities the Act incentivizes are educational attainment and military recruitment.

And even if these incentives did exist, and immigrants crossed the border just so that they could one day see their children go to college - are we not willing to risk opportunistic immigration to avoid creating a permanent underclass based on parentage?

Then-Senator Obama, when running for President, stated that these students are "American children, for all intents and purposes." In the same debate he called the Act's passage a "top priority" which could be accomplished immediately. In fact, during the campaign the Obama camp pointed out that he helped pass the Illinois version of the DREAM Act as an Illinois State Senator.

And yet, each year for the past decade the DREAM Act has been introduced as legislation, in one form or another, but has never received a vote. Now, more than ever, Congress needs a new sense of urgency to finally pass the Act. Not just for the 65,000 undocumented students who will be entering their senior year of high school this Fall, but also for our own sakes.

In an age of economic uncertainty, the best way to ensure long-term economic stability is to encourage higher education. Former Florida Governor Jeb Bush recently pointed out that educating our nation's immigrant population enhances our economy's ability to grow, prosper, and expand amidst its fiscal challenges.

Arne Duncan, President Obama's Secretary of Education, has pointed out that to produce the world's best-educated workforce, is not just a question of national pride, it is an economic imperative. Indeed, immigrant students who go to college later step into higher-paying jobs, increasing our tax revenue and consumer spending. This is a win-win for America: more education and more jobs.

Thirty years ago the Supreme Court struck down restrictions on educational opportunities that needlessly targeted undocumented students. But these students' aspirations ended at high school graduation.

Let this be the year that Congress allows students to dream again.


David Perez, a graduate of Yale Law School and Gonzaga University, is the chairman of the National Latina/o Law Students Association.

 
 
 
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04:43 PM on 08/25/2010
Since they are all children and did not know what's right or wrong or the law when they were brought here, and let's say Dream Act passes and they are on their way to become US citizens, now they are adults, educated, and most importantly, know the law themselves, one question:

Do you encourage people around the world who have children to break US laws and come here illegally like your parents did, since you have the Dream Act now, or do you "burn the bridge after you have crossed it" and say NO to illegals?

Don't use non-answering answers.
10:24 AM on 08/26/2010
That is a very intricate and malicious comment.
To open the door of freedom an opportunities to those undocumented Americans is the moral thing to do because the United States of America is their only country.
04:28 PM on 08/25/2010
David Perez, since you are into law, let's only talk about facts that can be verified in a courtroom:

Legal immigrant children also go on to serve this country as doctors, lawyers, teachers, soldiers, etc, but legal immigration cost money and take time (averaging 10 years); is it fair for generations of legal immigrant children when they had to pay money and waiting in line for years (they are still waiting in line right now) before obtaining American education, while these people didn't?

Since you are so eager to put the blame of being here illegally on their parents, then are you implying that for each Dream Act eligible student, their parents must be subjected to the 3/10 year bar rule, which, as you know, is the current law?

Being in the US is a privilege of itself already, these people have enjoyed free K-12 American education while all of the children of the three war-torn countries are still suffering, all of them want to be here to avoid possible IEDs, yet the illegals want even more, after illegally obtaining the safety of this counrtry.

In your argument about them not being able to obtain financial aid, you purposely left out the fact that in 10 of 50 states, they receive in-state college tuition. In CA, they made 32% increase in tuition for all because they provide in-state tuition for the illegals. They want even more still after receiving in-state tuition.

Please address each
10:38 AM on 08/26/2010
That is another malicious comment:
"being in the US is a privilege": if you live here, what gave you such a privilege?

"yet the illegals want even more": that is an insulting way to address those kids, probably they have been living in this country longer than you ...... it makes them more American than you are?

"illegally obtaining the safety of this country": that is a very funny thing to say, when you look for safety, any kind of safety there is not a legal or illegal way to get it, you just get it.

You keep calling them "the illegals" as if they were monstrous aliens from planet X, not they are not, they are human beings as probably you are, and those kids definitely are Americans (without documents) probably more than you (if you really are).
10:16 AM on 08/25/2010
The Dream Act got it right.
Finally those kids will be able to live in peace in the United States of America, their country
01:08 PM on 08/24/2010
Congress should definitely pass the DREAM Act. These students are only asking for a chance to give back to the communities they call home. As this article points out, it would be a great benefit to society that their wish for a higher education be granted.
09:05 AM on 08/23/2010
It is ludicrous to think that the law will be applied only to those who are already here. The whole point of being undocumented is so that the government cannot know who you are, when you entered, and where you are from. The fact is that this will let the government do what they did with the last amnesty and simply take the word of the illegals as to when they got here. They will not have the resources, time or means to check on the facts.

To think that people whose main effort in life has been to steal, lie, and cheat their way ahead will suddenly change to honest truth telling citizens is beyond absurd. Give us a break! This bill will simply encourage MORE illegal immigration since we will not guarantee a free or reduced cost college education for all who can sneak in even after this bill is passed.
09:42 AM on 08/23/2010
"randyjet" those young "dreamers" did no "steal", "lie" or "cheat": they are honest students that are as Americans as you probably are.
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Vince Weiguang Li
Alferd Packer-Epicurean Go Go Greyhound!
02:49 AM on 08/23/2010
example
kid 1 goes to high school in Sate X, is a natural born citizen, wants to go to college in State Y, must pay high cost "out of state tuition", Too bad, but that is a fact, jack!

Same kid, tells State Y college he/she is undocumented. Dream Act says kid 1 gets in state tuition.

Example 2
Kid 1 continues to file taxes, vote, and other wise maintains their ties to his/her original state while "out of state". Kid wants to return to school in original state, either as a transfer or to go to graduate school

Kid does right thing and tells state what he/she has been doing. State says that he/she was not present in the state, thus is not a resident for purposes of in state tuition. State says kid must pay out of state tuition because kid was not present in state for 6 months prior, even though kid was paying out of state tuition for other out of state school, and had filed and paid taxes in state for all that time and voted and maintained historic ties to the state. Honest kid gets screwed by out of state by both states.

Kid says he/she is undocumented and gets in state tuition... not a problem under Dream Act.
09:46 AM on 08/23/2010
There is not such a thing as "kid 1" or "kid 2", there is not such difference between a "natural born citizen" and a kid who has been living 15 or 20 years in the United States since he/she was 3 years old. Both are Americans, both deserve an education, both need documents.
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Vince Weiguang Li
Alferd Packer-Epicurean Go Go Greyhound!
02:35 AM on 08/23/2010
as opposed to

immigrant has anchor baby at taxpayer expense, now qualifies for various aid programs from food stamps, to Wic, to Section 8 rental, to AFDC, and sends kid to public school, has more kids to get bigger checks, while dad, listed as unknown on birth certificate, is working and living in the family home, kids join gang to sell drugs and commit various crimes, and get thrown in jail at taxpayer expense, and then have more children that are raised by the dole, repeating the whole process.

For every dream success story there are multiple non success nightmare stories.
09:50 AM on 08/23/2010
These process of having more kids to have government help applies more tightly to those who you call before "natural born citizens". Those young students who have been living, working and studying in the United States for so many years deserve to get their documents, they are as Americans as you probably are.
01:43 AM on 08/23/2010
The Federal law requires that all states that allow illegal children to get in state tuition rates, MUST grant the same rates to ALL US citizens no matter what state is their home. Of course, most schools disregard this part of the laws and still charge the out of state rate to US citizen, even though the law says they must not charge them at a higher rate.
09:54 AM on 08/23/2010
The Dream Act just gives those young Americans without documentation the rights and documents to live decently in the USA, their country.
12:26 PM on 08/22/2010
The Dream Act would give those kids the key to live in peace in their own country, the United States of America. That's the right thing to do. To keep them in the actual situation is wrong, is immoral.
01:34 PM on 08/22/2010
Their parents took them out of their own country and put them in this situation. WE are not responsible for correcting the ills that the parents put them into. You are not an American citizen just because you want to be one. In that case, there are over one billion people who would be Americans. It is even more immoral to reward people for criminal actions. Then you only get more criminals.
09:56 AM on 08/23/2010
The Dream Act is not about "parents", and they are not criminals.
10:39 AM on 08/22/2010
ILLEGAL ALIENS made choices for their children that THEY must live with. We should not give money to ILLEGALS so that they can attend our colleges. We need to take care of our own CITIZENS and LEGAL immigrants. ILLEGAL ALIENS should return to their own countries and go to school there. Or they can get in line and come back LEGALLY and attend our schools.
An ILLEGAL ALIEN should NEVER take a slot that could be filled with a CITIZEN or LEGAL immigrant in any university!
12:19 PM on 08/22/2010
"nee" you are wrong, nobody have to "live with" any situation, everybody have a right to improve their lives.
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HUFFPOST BLOGGER
Dr. Jonathan David Farley
mathematician
07:23 PM on 08/22/2010
Why is it okay for illegal immigrants to immigrate illegally, again?
08:42 AM on 08/23/2010
lepetit: They can improve their situation LEGALLY. They cannot do it ILLEGALLY and get rewarded for it.
HUFFPOST SUPER USER
kenhamlett
08:44 PM on 08/21/2010
This all sounds lovely. But, let us also consider the working men and women in this country who are unemployed, and their labor unions that are being dissolved. Why is this happening? Because illegal workers, who can and will work for minimum wages, never mention the word union to their employers, and will never wonder what life would be like with a benefits package are entering the country and doing jobs that employers might otherwise be forced to hire American workers for and pay them wages in line with other jobs in our labor market. Dreams are wonderful things. But, before we dream, let's deal with the reality that unchecked illegal immigration has created.
09:00 PM on 08/21/2010
It is not "lovely", it is simply the right thing to do. Those kids basically are Americans without documentation.
10:40 AM on 08/22/2010
They are not "basically Americans" They are here ILLEGALLY - they need to get an education in their own countries!
04:49 PM on 08/21/2010
Before considering the Dream Act, wouldn't it be more prudent to change our immigration laws so that a foreign student entering the US legally, obtaining a college degree at his cost and securing a job offer, should be allowed to stay in the US. We are losing too many brilliant college graduates to other countries when the US would be their first choice for a homeland, if it were only allowed. This way, the govt. doesn't have to subsidize their college education and with a job committment, they won't end up a drag on our welfare system.
09:03 PM on 08/21/2010
There is not time to wait, there are thousands of these "American without papers" that have been in this situation since they were 3 years old, know they are close to their thirties with a degree in their hands and without a job.
10:43 AM on 08/22/2010
ILLEGAL ALIENS - are not "Americans without papers" they are ILLEGAL ALIENS. If they already have a "degreee in their hands" then they should take it back to their own countries and get a job there.
We need to take care of our own CITIZENS and LEGAL immigrants. Many of them have degrees in their hands and are without a job. Those are the people we need to take care of.
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03:20 PM on 08/22/2010
There are a lot of Americans with a degree in their hand, close to thirty and no job.
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HUFFPOST SUPER USER
Doug Watt
Not ready for 2012
12:20 AM on 08/22/2010
That is a good point and should be part of the bill.
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dim
one in a can
03:00 PM on 08/21/2010
"When undocumented immigrants enter the country illegally, they are consciously breaking the law, and should be held responsible for their actions."

A lot of undocumented immigrants enter the country quite legally. Overstaying a visa need not be a conscious breaking of the law, as anyone who ever got a speeding ticket, because they were distracted, can tell you.
09:05 PM on 08/21/2010
Those kids did not break any laws, they were brought to this country by their parents.
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dim
one in a can
09:38 PM on 08/21/2010
That too.
10:44 AM on 08/22/2010
lepetit - Their parents, not the US, are responsible for their kids. They not us need to take care of their own.
09:50 AM on 08/22/2010
If they entered the country quite legally they may be many things, but UNDOCUMENTED is NOT one of them. They have a passport, a visa, a drivers license from their home country or the US,, a fingerprint card on file, a background check and if from Mexico, a Mexican voter ID card. Another thing is that they were invited here! It is an outright lie to call them undocumented and slanders them in hopes of making ALL those who do not have residency permits to look the same.

Those who are truly undocumented are the illegals who have illegally entered the US and have committed a CRIME by doing so. In most cases, they are FELONS as well. It is not too hard for illegals to get a passport before they leave their home country to come to the US. Yet they do not do so. There is a very good reason for that since it makes it hard for law enforcement to know who they are, and to check their background. If caught committing a crime, they can use any name they wish. They also are a big market for forged documents, and have the ability to avoid their criminal background by coming here. The undocumented need to be treated as the crooks that they are.
01:53 PM on 08/21/2010
@randyjet

thanks for understanding..I been wanting to join the military every since i graduated from high school, but I simply wont be accepted..so now i am finishing my college career..I just hope that one day I will be accepted in the military..reason? well i really love this country and I am willing to defend it at all cost...
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dim
one in a can
03:03 PM on 08/21/2010
When you join the military you are told that you are signing up to defend the country. What really happens is something different. May I humbly suggest you talk to a few veterans of our imperial wars.
01:38 PM on 08/21/2010
What is the problem with getting legal. Everybody it so why can't you. What the problem. I thought the law was the law.... If we can change the law when ever we want...what kind of message is that sending....The rest of us can't broke the law... oh, and jump over the gate to have a babies. That should be illegal to
02:24 PM on 08/21/2010
These kids obviously WANT to get legal. Thats the whole point of the dream act. The *problem* is that there is no way to do it. The system is broken. People don't understand that it's not that easy. In fact, for the vast majority of people in the United States, there is no pathway to legalization. Immigration law has been changed and modified hundreds of times in the past century. Law, in general, is by no means a static, unchanging doctrine.
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HUFFPOST BLOGGER
Dr. Jonathan David Farley
mathematician
07:07 PM on 08/21/2010
The pathway to legalization is for them to return to their home country and immigrate legally.
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HUFFPOST SUPER USER
frankg3400
02:55 PM on 08/22/2010
If they have money for college, they have money to apply for citizenship and since they have been in this country since they were very young, they most likely have someone here in the United States that are willing to sponsor them also. Just like their parents who spend thousands of dollars on a coyote to get them here then complain that they can't afford paying the cost of an application to come here legally.