Partisan Immigration Law Enforcement and the Dream Act

As we know, the Obama administration has attacked the people of Arizona and of various communities for attempting to get federal authorities to identify illegal aliens and to turn those so identified over to federal authorities for possible deportation.  We know also that some such identified illegal aliens are being released back onto American streets rather than being deported by federal authorities.  The Obama gang in control of our federal government has been highly motivated to make claims that state and local government efforts to enlist federal authorities in doing what federal law requires is an usurpation of federal powers.

Compare the issues with the Arizona law to the issue of ten states clearly violating federal law by providing tuition preferences to illegal aliens in state colleges and universities.  This is happening in California, Texas, Oklahoma, New York, Kansas, Illinois, Nebraska, Utah, Washington, and New Mexico.  This is a clear violation of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA).  That act states:

Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amout, duration, and scope) without regard to whether the citizen or national is such a resident.

One of the chief ways in which these 10 states defy this federal law is by offering illegal aliens in-state tuition, while demanding that out-of-state citizens and nationals pay the much higher out-of-state tuition.  Where does the Obama gang of hoodlums stand on enforcing this immigration law violation by these ten states?  They are very silent, except that the Democrats have made repeated failed attempts to overturn this provision of federal immigration law.  The most recent attempt is the so-called DREAM Act.

Now, Senator Harry Reid has introduced the DREAM Act earlier this week as an attachment to the defense authorization bill.  It will:

• Provide an estimated 2 million college age illegal aliens citizenship upon completing two years of college studies in the U.S.
• Provide citizenship to illegal aliens who have served in the U.S. military.

Now, I am in favor of such provisions providing alien applicants a fast and assured legal path to residence as a national in the United States, provided they are not illegally in the U.S.  This application would be made from outside the U.S. or could be made by someone on a legal visa to visit or work in the U.S.  The applicant would need to show acceptance at a U.S. college and he would be given a legal student visa, which would be converted into a green card upon his graduation, combined with evidence of employment or an employment contract conditional upon the newly graduated student being given his green card.  Similarly, an alien might be given a one-year or two-year working permit as a visiting worker in the U.S. and if he applies for and is accepted by one of the armed services, he would be supplied a green card upon serving two years in the military.  Alternatively, the one-year or two-year working permit holder might enter college and obtain a green card upon graduation.  The one- and/or two-year working permit visas could be renewed as well, provided the applicant showed gainful employment and was not found guilty of any felonies.  But, all of these paths ought to be for those who are not illegal aliens.  The path to a green card should be a legal path.  Acceptance on a legal path to a green card should be quite generous.

The following Republican Senators are in favor of the easy paths to a green card for illegal aliens under the Democrat DREAM Act:

John McCain, Arizona
Richard Lugar, Indiana
Bob Bennett, Utah, an IIRIRA violating state
Sam Brownback, Kansas, an IIRIRA violating state

Kay Bailey Hutchison, Texas, an IIRIRA violating state

Susan Collins, Maine
Olympia Snowe, Maine