The Senate’s at it again–it’s A-M-N-E-S-T-Y time!!!
Senators Durbin, Hagel, Lugar, Leahy, OBAMA, Lieberman, Feinstein, Kerry, Feingold, CLINTON, Bayh, Menendez, Murray, Boxer, Cantwell, Salazar, and Dodd are sponsoring Senate Amendment 2237, to be attached to the DOD Authorization Bill, HR 1585.
With those sponsors, you probably don’t need to see the proposal, but here it is in a nutshell (my interpretation; legaleze available below):
It’s called the DREAM (Development, Relief, and Education for Alien Minors) Act of 2007. What does that have to do with DOD Authorization? The only minor connection I found was that if someone under this Act is honorably discharged after two years of military service, they can apply for green card status. I’m actually in favor of that, but not as part of this nightmare.
Under this Act:
- an alien (except some who committed specific crimes) who is inadmissible or deportable will be considered to be one who is lawfully here for permanent residence if
- he came here before he was 16 years old, has been here at least 5 years, [so anyone over 20 can claim that]
- he has been a person of good moral character since the time of application [what about his moral character BEFORE his time of application?]
- he has received a GED, high school diploma, or has been admitted to “an institution of higher education” in the United States; and
- he has never been under a final administrative or judicial order of exclusion, deportation, or removal, UNLESS he received the order before attaining the age of 16 years.
- If the alien doesn’t meet those lenient criteria, he can still receive a waiver “for humanitarian purposes or family unity or when it is otherwise in the public interest” [that’s a pretty good catch-all!!!]
- “The Secretary of Homeland Security may not remove any alien who has a pending application for conditional status under this title.” [So once you apply under this program, you’re home free!!!!]
- Having met these conditions, the ILLEGAL ALIEN is now considered to conditionally be “an alien lawfully admitted for permanent residence” for the next 6 years. During that time, he can petition to have the conditional status changed to permanent, starting at the 5 1/2 year mark, and continuing until 2 years AFTER the 6 year conditional period starts (or even later, if extended). WHILE THE PETITION IS PENDING, the ILLEGAL ALIEN is still considered to be in conditional permanent resident status in the United States.
- The ILLEGAL ALIEN’S petition must show
- he has demonstrated good moral character during the entire period he has been a conditional permanent resident
- he has not abandoned his residence in the United States for more than 365 days. If he was gone more than 365 days, he must state that he did not abandon his residence.
- he has EITHER gotten a degree, OR completed 2 years in a bachelor’s program, OR has served 2 years in the military [ finally–a link to the DOD Authorization Bill!!!]
- he can be granted a hardship exception if he “demonstrates compelling circumstances” why he can’t do this and “demonstrates that [his] removal from the United States would result in exceptional and extremely unusual hardship to the alien or the alien’s spouse, parent, or child who is a citizen or a lawful permanent resident of the United States.” [I knew the anchor babies would come to the rescue!]
- and of course he can always get an extension to meet this requirement if all else fails
- he must provide a list of each secondary school that he attended in the United States.
- Separate from all of that, it mandates that the Attorney General shall stop the removal of aliens who came here before they were 16, have been here at least 5 years, are at least 12 years old, and are enrolled in a primary or secondary school. As an added benefit, these aliens may also legally work in the United States.
- The information furnished by the ILLEGAL ALIENS cannot be used to deport them unless they are under investigation for certain offenses by ICE. It also cannot be released to the public to identify them.
- These applications “will be considered on an expedited basis” and no fee will be required. [See how quickly they gave up on all the “penalty” fees they were going to collect to grant the amnesty? Now it’s the good old taxpayers granting them amnesty.]
- And of course, they will be eligible for student loans, work-study programs, and Title IV funds.
Links to the actual text (3 PDF pages; I don’t have a link to all three at once):
(near top of third column: “SA 2237”)
(ends near bottom of middle column)
If anyone more familiar with legal readings than I am finds anything I missed or misinterpreted, please post. To me, it spells amnesty.
For the article that led me to this–AND TO TAKE ACTION TO STOP THE AMNESTY–visit