Keeping the Dream Alive: Sens. Durbin and Lugar Ask Administration for Deferred Deportation for DREAM Act Kids

Written by on April 21, 2010 in Enforcement, Legislation, Reform with 5 Comments

Senators Richard Durbin (D-IL) and Richard Lugar (R-IN) have done something that is increasingly rare in Washington—they have issued a bipartisan request for a concrete change in immigration policy. Today, Senators Durbin and Lugar asked Secretary Janet Napolitano to defer deportation of students who would qualify for the DREAM Act. As the lead sponsors of this bipartisan legislation (S. 729)—which would give legal status to students who arrived in the U.S. before the age of 15, have lived in the U.S for at least five years, and are pursuing their education or serving in the military—they have a particular interest in the fate of students who are caught right now in the clutches of deportation.

In a functional and rational Congress, the DREAM Act should be a no-brainer—and should have passed long ago (when it came to the Senate floor in 2007, the cloture vote failed 52-44). As the Senators note in their letter, DREAM is “narrowly tailored to assist only a select group of young people, many of whom came here with their parents at an age when they were too young to understand the consequences of their actions,”—that is, the DREAM Act is designed to protect kids who are American in everything but their birth certificate—the true “innocents” in the immigration wars. Although the DREAM Act has been introduced in every session of Congress since 2001, this is the first time that its co-sponsors have ever taken the dramatic step of asking for deferred action. The request reflects increased pressure to do something to swing the pendulum back to a more rational approach to immigration.

Deferral of deportation itself is nothing new. DHS has the power to defer a deportation order or decline to initiate removal proceedings against any individual based on the Secretary’s inherent prosecutorial discretion. In other words, just like a federal prosecutor, DHS officials have the power to decide who is a priority, who should be put in removal proceedings, and who, ultimately, must be deported. The mere fact that a deportation order exists doesn’t mean—and never has meant—that a person can’t ask for deferral for humanitarian reasons. This usually happens on a case by case basis; but there is also a history of broader responses in situations where the Secretary or the President determines that resources or priorities warrant it.

For instance, the Obama administration deferred deportations in the immediate wake of the earthquake in Haiti, prior to granting TPS. Following clear evidence that Congress would pass special protections for widows and orphans of US citizens, the Administration in June 2009 ordered deferred action to protect affected widows and orphans until the bill became law. DHS granted deferred action for nearly 5,500 foreign academic students adversely impacted by Hurricane Katrina in 2005. Following Tiananmen Square, President Bush issued an executive order deferring the deportation of any Chinese students in the country on June 5, 1989 until January 1994. President Bush also issued deferred enforced departure for at least 190,000 Salvadorans following the end of TPS in 1994 . The time wasn’t right to send them home and it wasn’t right for legislation.

Deferred action for DREAM Act students serves a lot of purposes. It changes the dynamics of the debate by shifting the emphasis from the individual case to the broader policy objective. In this specific case, it highlights the plight of students brought to the U.S. as children whose contributions to the country and the economy could be tremendous, if only they had a chance. It gives the President a specific policy request that allows him to signal support for the DREAM Act and room to highlight the inaction of Congress. In a broader sense, it moves the debate on comprehensive immigration reform forward by directly challenging the enforcement-only mentality that seems to have gripped the country (and parts of DHS) yet again.

Even more important, the fact that this a bipartisan request in the midst of such a partisan fight is a reminder that there can be a way forward when people stop talking party politics and think instead about the people at the center of the immigration debate. Deferred action could mean a lot from a policy perspective, but it could also mean that a high school kid in Indiana gets to spend his senior year getting ready for college instead of a deportation hearing. Senators Durbin and Lugar deserve a round of applause for defying convention and moving the country forward.

Photo by Dos Centavos.

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  • Love2watch

    My heartfelt prayer goes to these 2 senators that have a big heart for these kinda of work after all these are human being that deserves a second chance in life. Also it would be nice if they can also make a way for families that was being torn apart by this harsh law to be reunited with thier love ones. I think passing 2 legislation such as The Dream Act and Family Reunification especially with the 3 – 10 year bar it would very much bring good and prosperity to the United States as family is the corner stone of American Values.
    To the fact that there was a so called waiver for this bar, and yet most of these bars are being denied. I prayed that the Congress will pas these 2 important legislation soon.

  • Alex

    “The Dream Act” is the way to go for these kids. They should not be held responsible for the actions of their parents. If they are in college or our military then these are the people that we want in our country. They are giving to our society not taking.

    This truely is a no brainer–pass “The Dream Act”

  • Carlos Nagel

    This effort is much more than an “airy-fairy” sentimental action; it is fundamental to the economic prosperity of our nation.

    When an estimated more-than 60,000 young people a year are kept from an education this is an economic travesty.

    This country was made great by the millions and millions who sacrificed to create families and business and who educated their offspring and created the entrepreneurial phenomena that could be repeated many hundreds of thousands of times with the current situation.

  • bob franklin

    I too would love to see the dream act become law.That this is designed for just the undocumented though illustrates yet another flaw and one which intensifies the need for a proper solution….CIR.

    The flaw I refer to is E2 children.Like their undocumented counterparts they too have arrived in the U.S. with their parents,yet have no pathway to LPR status.There are an estimated 250,000 E2 children in classrooms both educationally and culturally being molded in the American way,however, upon reaching 21 for many it is “goodbye America”.

  • Jasmine

    I am a high school student and I want to make the DREAM act well known throughout the nation, particularly within high schools. I plan to do so via Key Club International-an international community service organization which many high schools participate in.
    And, hopefully, by doing so I would raise national awareness of the DREAM Act.

    I am seeking advice concerning how I might accomplish this goal and more information that you find crucial to better my understanding of the DREAM Act.

    Contact me at: