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

A Modern Take on Charles Dickens' "A Christmas Carol"

From “A Christmas Carol” by Charles Dickens

Men seeking donations for the poor: “At this festive season of the year, Mr. Scrooge, it is more than usually desirable that we should make some slight provision for the poor and the destitute. Many thousands are in want of common comfort, Sir.”

Scrooge: “Are there no prisons? And union workhouses are they still in operation?”

Men: “At this festive season, a few of us are endeavoring to raise a fund to buy the poor some meat and drink and means of warmth.”

Scrooge: “I can’t afford to make idle people merry. I support the establishments I have mentioned, and those who are badly off must go there.”

Men: “Many cannot go there. And, frankly, many would rather die.”

Scrooge: “Then they had better do it and decrease the surplus population.”

My Take: Maybe it’s just me, but does anyone else think that the GOP is just a bunch of Scrooges. They really would rather let the poor starve and die…yet they cling to being superior Christians. Christ made all of his disciples give away all their material possessions to follow him.

The Gospel according to Matthew 5:3-10

• Blessed are the poor in spirit: for theirs is the kingdom of heaven.
• Blessed are the meek: for they shall possess the land.
• Blessed are they who mourn: for they shall be comforted.
• Blessed are they that hunger and thirst after justice: for they shall have their fill.
• Blessed are the merciful: for they shall obtain mercy.
• Blessed are the clean of heart: for they shall see God.
• Blessed are the peacemakers: for they shall be called the children of God.
• Blessed are they that suffer persecution for justice' sake, for theirs is the kingdom of heaven.

These are the eight beatitudes from the Sermon on the Mount. When I interpret this reading, I believe that peacemakers (verse 9)are those that seek to end war and conflict here on earth (UNLIKE the war mongers of US Congress) I also read that those who suffer persecution for justice’ sake are the GLBT community and Immigrants who only seek equality and human rights (verse 10). I read the meek as the single mother who works in a restaurant and has food stamps and Medicaid to care for her children (verse 4). Lastly I believe that if Jesus were to take a stand on Political Issues, he would be a “Bleeding Heart Liberal.” (Pun intended).

Senator Bernie Sanders Filibuster Speech via CSPAN 2

http://www.c-spanvideo.org/program/SenateSession4656

Please watch. This is what representing the people should like.

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.

Hate is NOT an American value

Ever wished your iPhone could be used to foster homophobia and extreme anti-choice views? Well, consider that wish granted, because Apple has approved an iPhone app for a project known as the Manhattan Declaration. Started with the help of convicted felon Chuck Colson, the Manhattan Declaration is a document signed by a number of anti-gay activists pledging to revive the culture wars and stop same-sex marriage.

Spelled out in the Manhattan Declaration are a set of principles that boil LGBT people down to little more than deviant cretins. According to the Manhattan Declaration, society should refer to gay relationships as "immoral sexual partnerships," and all people of faith should adopt a belief that "LGBT people erode marriage." Colson, as the Declaration's author, even went so far as to say that gay people will destroy the family unit, and could bring down civilization as we know it.

Nothing like a little extremism to start the morning.

So why would Apple sanction an iPhone app that sends these same messages? That's a question that Jeremy Hooper over at Good As You is wondering. Hooper perused through the Manhattan Declaration's app, and took the survey that the Manhattan Declaration allows iPhone users to take. Not surprisingly, anyone who responds to the survey with answers that favor LGBT equality get told they're wrong and inaccurate.

Among the questions that the app asks users are: (1) Do you believe in the sanctity of marriage between a man and a woman?; (2) Do you believe in protecting life from the moment of conception?; (3) Do you support same-sex relationships?; and (4) Do you support the right of choice regarding abortion.

Hooper answered the questions like most pro-equality, pro-choice folks would do, and was promptly told by the Manhattan Declaration: "SURVEY COMPLETE! 0%, You answered 0 out of 4 questions correct. [sic]"

So much for an objective survey, right?

The application also allows users to wade through a series of right-wing talking points that call for the elimination of choice for women, as well as an end to same-sex marriage. And then for kicks, the app also tells users that there's no such thing as separation of church and state.

Apple, for their part, has given the app a rating of 4+. What does that means? According to their rating system, it means that the app contains "no objectionable material." Say what?

Because it sure seems like if you're going to call same-sex relationships "immoral sexual partnerships," or if you're going to accuse gay people of "eroding marriage," or if you say that gay people don't deserve basic civil rights, that should at least fall into the category of "objectionable."

Send Apple a message that applications that support hate and division have no place in the iTunes Store. It's bad business, and all it does is foster a climate of homophobia where people who support LGBT equality are told that they're "immoral" and wrong. That's not an iPhone app. That's bigotry.

Invisible People...this shouldn't happen in the USA

What has four wheels and carries a turkey?

Unless you own a turkey farm, chances are that the bird in your oven took a spin in a shopping cart. Most of us don't think twice about using a shopping cart (except when it has a squeaky wheel).

On the streets, a shopping cart is called a "buggy." When I was homeless, I avoided "pushing a buggy" as long as I could. When that day finally came - when I had to get something from point A to Point B and had no other option but to use a shopping cart - I could no longer be in denial about my situation. I was homeless. As you can imagine, accepting that reality was devastating.

You would think that pushing a buggy on the street is as easy as it is in the grocery store parking lot. I assure you it's not. I had worked a week in a temp job and was able to pay for a SRO (single room occupancy hotel) in North Hollywood. When my money ran out they rolled me up and I had to take my stuff to my storage unit a few miles away. My first challenge was finding a cart. Then, I filled it up and started the long trek, but found going over the curbs extremely difficult. I manhandled the cart over each curb for about a half a mile and I was exhausted. It was very humiliating; people drove by laughing at me.

Right when I was about to give up I saw a mother across the street with her baby carriage and she turned the thing around to go over the curbs. Wow! Was it really that simple? Sure enough, on each street curb I turned my buggy around to backup over the curb. It worked and I was well on my way to becoming a seasoned homeless person.

That day was really a low point of my life. Maybe one of the lowest. I wish I could put into words how crushing it was to my sense of worth. Accepting that I was homeless meant that I had to also accept I may never get out of homelessness. But I was one of the lucky ones.

Thanksgiving is a time when we take a moment to be grateful. Today, I am grateful for people like you who care about the issue of homelessness. It was someone just like you that supported the organization that helped me get off the streets. It was someone just like you that clothed me and fed me until I was able to fend for myself. It was someone just like you that gave me a chance to dream again and a chance to become a normal, housed person again.

Today, there are hundreds of thousands of people on the streets, pushing a buggy, homeless, and hopeless. They need someone to give them a chance.

I don't know you, except for two things: you're sitting at a computer and you care about homelessness (there is no other possible explanation for you to be reading a blog about homeless issues than you have a heart for people). Even if you are not a religious person please take a moment today to pray in your own way for the invisible people out there who are sleeping in the streets, in their cars, or in a state of poverty that should not exist in this great country of ours.

From all of us at Change.org, have a happy Thanksgiving! Thank you for keeping the conversation of homelessness and poverty going. Together we can affect change and make a difference in the world.

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.