DREAM Act Failure and Reaction from American Immigration Lawyers Association

Senate fails to pass DREAM Act

On Saturday morning, the Senate failed to advance the DREAM Act (H.R. 5281) on a vote of 55-41 . Sixty votes were needed to move the bill forward procedurally and stop any filibuster. With that loss, our fight for the DREAM Act is over, at least for this Congress. Our president, David Leopold, said : “It was sad to see some U.S. Senators putting politics before principles to vote no on cloture, thereby attaching their names to the wrong side of history.”>> Watch David Leopold's full reaction to the Senate's failed vote .

The vote tally in support of DREAM included three Republicans who crossed the aisle to join 50 Democrats and 2 Independents. Those three Rs were: Richard Lugar (IN) and Robert Bennett (UT) who had come out in support long ago and Lisa Murkowski (AK) who started signaling this week that she would vote “yes”. With their yes votes, DREAM maintained its status as a bi-partisan bill dating back nine years to when it was first introduced with seven Republican co-sponsors. Today, long-time DREAM champion Orrin Hatch (R-UT) failed even to show for the bill he originally sponsored in August 2001.

Unfortunately the gain of three Republicans today was not enough to make up the difference. Combined there are 58 Democrats and Independents in the Senate, and there are 42 Republicans. If all the Ds and Is voted in favor, only two Rs would have been needed to reach 60. But today 5 Democrats voted against DREAM: Baucus (MT); Hagan (NC); Nelson (NE); Pryor (AR); and Tester (MT). And one Democrat, newly elected Joe Manchin (WV) failed to show. To win on “cloture” 60 votes were needed no matter how many actually voted. Thus, a no-show counted as a “no” vote.

As the 111th Congress comes to its sputtering halt, at least on immigration, the question many are asking is whether there will be a real opportunity to bring up DREAM in the 112th. Looking forward, we face at least two enormous legislative challenges: First, the House will shift to Republican control with 242 Rs and 193 Ds. Last week the House passed DREAM on a 218-198 vote—you can bet your house we won’t muster a strong showing like that, let alone a majority, when the new session starts. Second, in the Senate, the Democrats will still have the majority but their margin of control will be 53-47 so getting the “yes” votes will also be harder in that chamber.

For me the source of continued inspiration has been to see all the DREAM activists walking the halls of the capitol and showing tremendous courage when they are the ones who have everything at risk. Before the vote, David Leopold and I accompanied his client, Bernard Pastor, whom ICE was about to deport just two days ago but for incredible advocacy on David’s part and that of many others. We visited Senator Voinovich and waited outside his office until he came in at 9:30. Voinovich disappointed us -as did many of his colleagues- but Bernard remained hopeful as we headed to the Hill for the vote.

After the vote, all the Dreamers who watched from the Senate gallery came filing out, many with tears in their eyes. About 50 of them huddled together, said a prayer then chanted “We want the Dream Act and we want it now”. Then in Spanish: “Obama, Escucha, Estamos en La Lucha!”

Now more than ever we need and want the DREAM Act. In the new Congress an even tougher fight will be on. As we struggle to advocate on behalf of our clients and for broader reform, we will be able to keep on fighting knowing they are in the fight with us.

Greg Chen

Director of Advocacy

DREAM Act and the idiots who haven't a clue...

The following post is a conversation from my sister's facebook page after she posted a link to support the DREAM Act. I have erased the names of those who are not my family.

KY Redneck Male #1: All immagrants should take the proper procedures to become a citizen, get a visa, or go home.

Susan Montalvo-Gesser: If you only knew how screwed up our immigration laws are...its not like getting a ticket for a ballgame. We need to start thinking of people as...People. Remember that every human, migrant, undocumented person, out-of-status student, Foreig...n Priest who can't get their R visa extended b4 LPR is approved, mother separated from her USC child, beaten wife of a USC husband, child who slipped through the cracks is a human being made in the image of God. The same God who came to this earth and died for your sins was an undocumented migrant, an "illegal" as ya'll like to call persons in similar situations. Maybe, just maybe, if Christians started to see Jesus in every set of human eyes...we could have immigration laws that reflect humanity, live up to Emma Lazarus' poem on our Statue of Liberty, and the US Bishops' consensus on the issue. We are a nation of immigrants who have decided to ignore that what makes us great is what makes us different. The great majority of American innovation came from 1st generation Americans who were at some points, undocumented.

Anonymous KY female #1: Oh, Susan, I just heart you so much. Your passion is undeniable.

KY Redneck Male #1: You can write a book, quote the Lord, anything you want. Plain and simple immagrants must follow the Law. Although I don't care if they wanna come stay and work, as long as the law is followed. It's apparent that I have a little bit more ha...nds on experience with immagrants because I work side by side with them everyday in DC, NYC, Chicago ect... No american man should have to forfiet any of there hard earned tax money, lose jobs to illegals. All I say is follow the proper channels period. One other bringing religion into a non religious discussion is kinda wrong. I know what the country is founded on. I also know what it survives on. Blue Coller american workers who need our support more than any other people. Before we help others, lets help our own.

KY Redneck Male #1: Btw Rachel the game will be online at khsaa.org

Anonymous KY female #2 ‎...there was only one Christian and he died on the cross...

KY Female Redneck #1: I am a Christian.

Anonymous KY female #2: I am saying it in the sense of "pure love and understanding"

KY Female Redneck #1: and I have to agree with Ryan...Love em or Hate em, they ALL should Obey the Law and come here Legally. Yes we are all Immigrants, we are lucky to have been born here, and its too bad that some are not as fortunate as us, but rules are rules and they are there for a reason.

2Susan Montalvo-Gesser: That's the problem...the current immigration laws have no REASON behind them. And US-citizens do not lose their tax dollars to the undocumented...we owe $54 billion in SS payments to donations from undocumented workers who will never AND ca...n never collect on those payments. Our laws change periodically in immigration only to screw up the law more so that it is completely illogical. There is no point to the PERM system, the H2B hurdles and quota system. Capping visas by an arbitrary #'s does one thing...allows Europe and other developed areas to steal US-trained foreign graduates so they can increase their talent pools at our expense. Meanwhile, we kick people out for breathing while undocumented and keep their USC kids to be raised on welfare...what smart policies. I have little patience for inefficiency and support of nonsensical hodgepodge of laws because they're laws. I side w/ Dr. King & Gandhi on this one.

Susan Montalvo-Gesser: And I just want to point out the big bad laws being broken are regulatory offenses which are civil, not criminal in nature. So its like violating parking law or speed limit...not that any of you would ever break those laws...but if you do, I reserve the right to defend you if others start labeling you as "illegal" people.

Donna Montalvo: Susan, I support the Dream Act and I support you because our immigration laws were written by people who believe that this country belongs to them. Forget we took away the native American's land and then imported slaves to work for us. I am ashamed that my ancestors were slave owners. I am most proud that my children, believe that everyone on planet Earth should have a roof over their head, a warm comfortable bed, clothes to wear, and good food to eat. Like Mother Teresa said there is enough here for everyone, the problem is not enough SHARING.

Susan Montalvo-Gesser: Luv you mom...we are who we are because someone taught us that what we are given is our Gift from God and what we do with that Gift for His people is our gift to him. And we are exalted when we serve...the Richest of the Rich or the Poorest of the Poor. If people didn't know to whom or where they were to be born and made uo the rules to the game that way; the rules would be different. But we're human, imperfect, and the best we can do is go make a little difference everyday.

Anonymous KY Female #1: Hope everyone had a great Thanksgiving, the day we celebrate the original illegal immigrants.

Susan Montalvo-Gesser: I do have a very cute cartoon a client gave me (she is a Mississippi Band Choctaw) whose husband was deported (but we got him back on a waiver after 18 months of separation and $10,000 later) Anyway, it had a group of Native Americans building a wall with the Pilgrims approaching by sea. The caption read, "They're building it because we don't come with they're permission and won't learn their language or assimilate to their culture."

Michelle Montalvo: My mom and my sisters are so awesome. Sister"S", because my sister who is a former republican and current libertarian is in support of the DREAM act. She sees the true Christianity in treating the alien in your land as your neighbor. For more information on how to support the DREAM Act see my page. I have the email addresses and phone numbers listed. Oh, and if you don't support the American DREAMS of immigrants go back to Ireland, England, Germany, or wherever you came from. That attitude is not what our forefathers had in mind.

Support the DREAM

On a September morning, just before dawn, ICE came knocking on Fredd Reyes’ door. It was 5 am and Fredd was asleep after a long night of studying for his exam at Guilford Technical Community College that very same day. Instead of taking his exam, Fredd was rudely awakened from his sleep, handcuffed by Immigration and Customs Enforcement (ICE), and taken from his North Carolina home to North Georgia Detention Center. He was then transferred to the Stewart Detention Center in Lumpkin, Georgia, which is quite infamous for corrupt and inhumane immigrant detention practices.

Twenty-two years ago, Fredd's family fled their native Guatemala in the face of death threats and persecution. Needless to say, they haven't been back since. Despite the clear danger they faced back in Guatemala, an immigration judge denied their bid for asylum in 2000.

Fredd worked hard and earned his Associates Degree from Davidson County Community College and transferred to Guilford Tech to continue his education. As a result, he is eligible for the federal DREAM Act, which would give undocumented youth like him a pathway to citizenship, expected to come up for a vote in the House and Senate before the end of this year. Fredd aspires to utilize his acting and singing skills to become a professional actor and renowned singer, and he's quite good (see video below). He is neither a criminal nor a threat to this country, and completely undeserving of detention, let alone deportation from the only country he calls his home.

Like others who have faced the injustice of our immigration system and the Stewart Facility, Fredd has the potential for an approved green card awaiting him on the other side of the walls that now deprive him of his freedom. The only thing stopping him from being at home with his family during Thanksgiving is a stubborn refusal to open his case.

No family should be ripped apart due to the failure of Congress to pass immigration reform or the DREAM Act in due time. Don't deprive a family of their son this holiday season.