Senate Kills Measure to Help Illegal Immigrant Students

WASHINGTON — The Senate defeated a controversial measure on Wednesday that would have given thousands of young illegal immigrants a path to citizenship if they attended college or joined the military.

The bill needed 60 votes to move forward, but received only 52, essentially killing it for the year.

Sen. Richard Durbin, D-Ill., the measure's lead sponsor, pledged to continue to fight for it.

"I'm not going to quit on this," he said. "This is an idea whose time will come because it's based on justice."

The measure is known as the DREAM Act, which stands for Development, Relief and Education for Alien Minors Act. It would have allowed thousands of young illegal immigrants to eventually attain permanent legal status and U.S. citizenship if they completed two years of college or served honorably in the military for at least two years. It would have applied to those who had lived in the United States for at least five years before the measure's enactment, had graduated from high school or obtained a GED, and had no criminal record.

The bill's defeat could be a harbinger of things to come as lawmakers try to pass immigration bills in an election season where immigration is already a major theme in the GOP presidential primary. Other measures that might come to the floor include a legalization plan for farm workers and several proposals to increase H-1B visas and other temporary permits for highly educated foreign workers.

Durbin said those measures will have a difficult time in Congress.

"The debate has changed. There are people who are using this issue politically, creating a lot of fear and spreading a lot of misinformation," he said.

In an emotional speech, Durbin urged lawmakers to have compassion for students who were brought to the United States illegally as infants or young children and have excelled academically under difficult circumstances.

"What crime did these children commit? They committed the crime of obeying their parents," he said. "These are kids without a country. They have no where to turn ... give them a chance. Give them hope."

Durbin also railed against what he called the "confusion, distortion and vitriol" surrounding the immigration debate in Congress and across the country.

Opponents of the measure said the bill was a disguised amnesty that would lead to more illegal immigration.

Senate Minority Leader Mitch McConnell, R-Ky., said the bill would have "put illegal immigrants on a special path towards citizenship."

"I do not believe we should reward illegal behavior," he said.

Several Republicans also said that the American people want more enforcement against illegal immigration, not another amnesty bill.

Sen. James Inhofe, R-Okla., said the bill was "a slap in the face to all of those who came in legally."

Opponents also said that the bill would allow students to petition for relatives to come to the United States, creating unwanted "chain migration."

The Center for Immigration Studies, a think tank that supports lower levels of immigration, said the total number of "potential amnesty beneficiaries" under the bill would have been 2.1 million.

Supporters said the numbers were exaggerated by opponents.

The nonpartisan Migration Policy Institute estimated that the bill would result in 279,000 newly eligible persons for college enrollment or the military. In addition, 715,000 illegal immigrants between the ages of 5 and 17 would become eligible in the future, it found.

The White House, which previously supported a larger immigration package that included a similar student immigration measure, opposed the Durbin bill.

In a statement, the White House said the measure "falls short" by creating a special path to citizenship that is unavailable to other prospective immigrants, including "young people whose parents respected the nation's immigration laws."

Frank Sharry, executive director of the National Immigration Forum, an immigrant advocate group, invoked imagery from the civil rights movement, in a statement about the DREAM Act's defeat.

"We are saddened and angered that so many senators, including a majority of Republicans, opted to stand in the schoolhouse door and thwart the dreams of deserving young people who are American in all but paperwork," he said. "If the Republican Party continues to demonize and oppose immigrants, its future as a national party capable of winning the White House or Congress may well be in doubt."

Eleven Republicans voted in favor of the legislation, including Sens. Mel Martinez of Florida, Trent Lott of Mississippi and Sam Brownback of Kansas. Eight Democrats voted against the bill. Four lawmakers did not vote. Georgia's GOP Sens. Saxby Chambliss and Johnny Isakson voted against the legislation.

Texas' two Republican senators voted on opposite sides of the DREAM Act.

Sen. Kay Bailey Hutchison voted in favor of the measure, after Durbin assured her that they would work out a compromise incorporating some of her ideas to improve the bill. Durbin said that they included changing the bill to offer the young illegal immigrants a student visa and later a work visa, rather than a new type of permit.

Hutchison said there was a "compassionate reason" to offer a solution for the young illegal immigrants.

"They are in a limbo situation. I think we should deal with this issue. I think we should do it in a way that helps assimilate these young people with a college education into our country," she said. "If we sent them home ... they wouldn't know what home is."

Sen. John Cornyn opposed the legislation, saying it was a difficult vote because he had a "great deal of sympathy for the plight of children who have no moral culpability for being in this country illegally."

Cornyn said the bill had nothing to do with helping children and everything to do with political posturing. He also said that Democrats, who control Congress, were not going to allow amendments to the legislation.

"The decision to prohibit amendments left open the gaping loopholes that would allow certain categories of criminals, including gang members, to apply, while tying the hands of law enforcement by denying them basic information on the backgrounds of these individuals," Cornyn said.

A few students who stood to benefit from the DREAM Act watched the debate from the Senate gallery, invited by Durbin.

After the vote, they were surprisingly optimistic.

"I'm still hopeful," said Marie Gonzalez, a college student in Jefferson City, Mo., and self-described "nerd" who watches C-SPAN. "I want that opportunity to be able to go through the system. To be able to apply for citizenship. ... That's what I want. I love this country."

Gonzalez said she was brought to the United States illegally when she was 5 years old and wants to be a lawyer and work in Washington. She has been granted temporary permission to stay in the United States until next year by the Department of Homeland Security. Her deportation date is June 30, 2008.

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