Senator Richard Durbin Prepares to offer DREAM Act as an amendment to the National Defense Authorization Act of 2008

U.S. Senate

September 18, 2007

Full text from Senator Durbin's floor statement on September 18, 2007. Subheadings have been added by NIJC.

Background on the DREAM Act

The DREAM Act is a narrowly tailored bipartisan measure that I have sponsored with Republican SENATOR CHUCK HAGEL of Nebraska, Republican Senator DICK LUGAR of Indiana, and in past years with Senator ORRIN HATCH of Utah. It would give a select group of students in America a chance to become permanent residents only if they came to this country as children, are long-term U.S. residents, have good moral character, and enlist in the military or attend college for at least 2 years. The DREAM Act is supported by a large coalition in the Senate, and also by military leaders, religious leaders, and educators from across the political spectrum and around the country.

   During the 109th Congress, the DREAM Act was adopted unanimously as an amendment to the immigration reform legislation that passed in the Senate. In the 108th Congress, the DREAM Act was the only immigration reform proposal reported to the Senate floor on a bipartisan 16-to-3 vote by the Senate Judiciary Committee.

   Now, obviously, in the midst of the Defense authorization bill, some people question why one might bring up an immigration issue. The answer is simple: The DREAM Act would address a very serious recruitment crisis facing our military. Under the DREAM Act, tens of thousands of well-qualified potential recruits would become eligible for military service for the first time. They are eager to serve in the armed services, and under the DREAM Act, they would have a very strong incentive to enlist because it would give them a path to permanent legal status.

U.S. Military Recruitment Needs 

  First, let us look at the recruitment crisis we face today. Largely due to the wars in Iraq and Afghanistan, the Army is struggling to meet recruitment quotas. Because of these recruitment difficulties, the Army is accepting more applicants who are high school dropouts, have low scores on military aptitude tests, and, unfortunately, have criminal backgrounds.

   The statistics tell the story. In 2006, almost 40 percent of Army recruits had below-average scores on the military aptitude test. That is the highest rate of students with low scores since 1985. In 2006, almost 20 percent of Army recruits did not have a high school degree. This is the highest rate of high school dropouts enlisting in the Army since 1981. By comparison, from 1984 to 2004, 90 percent or more of Army recruits had high school diplomas. Why does this matter? The Army said itself that high school graduation is the best single predictor of ``stick-to-itiveness'' that is required to succeed in the military and in life.

   Charles Moskos, a Northwestern University sociologist, is an expert in military culture, and he says: 

   The more dropouts who enlist, the more discipline problems the Army is likely to have.

   Even more disturbing, the number of so-called moral waivers for Army recruits who have committed crimes has increased by 65 percent in the last 3 years, from 4,918 in 2003 to 8,129 in 2006. Many of these waivers are for serious crimes--aggravated assault, burglary, robbery, and even vehicular homicide. In fact, individuals with criminal backgrounds were 11.7 percent of the 2006 recruiting class. Now, in contrast, under the DREAM Act, all recruits would be well-qualified high school graduates with good moral character.

How the DREAM Act Works

   Let me tell you how the DREAM Act would work. Currently, our immigration laws prevent thousands of young people from pursuing their dreams and really becoming part of America's future. Their parents brought these children to the United States when they were under the age of 16. For many, it is the only home they know. They are fully assimilated into American society. They really don't want much more than just to be Americans and to have a chance to succeed. They have beaten the odds all of their young lives. The kids who would be helped by the DREAM Act face a high school dropout rate among undocumented immigrants of 50 percent. So it is a 50-50 chance that they would even qualify to be part of this act.

   Incidentally, the dropout rate for legal immigrants is 21 percent and for native-born Americans, 11 percent. So already these young people would have to beat the odds and graduate from high school to even qualify to be considered.

   They have also demonstrated the kind of determination and commitment that makes them successful students and points the way to significant contributions they will make in their lives. They are junior ROTC leaders, honor roll students, and valedictorians. They are tomorrow's soldiers, doctors, nurses, teachers, Senators, and Congressmen.

One DREAM Act Kid's Story: Oscar Vasquez

   Over the years, I have had a chance to meet a lot of these DREAM Act kids. That is what they call themselves, incidentally. Let me give you one example. Oscar Vasquez was brought to Phoenix, AZ, by his parents when he was 12 years old. He spent his high school years in Junior ROTC and dreamed of one day enlisting in the U.S. military. At the end of his junior year, the recruiting officer told Oscar he was ineligible for military service because he was undocumented. He was devastated.

   But he found another outlet for his talent. Oscar, because of the help of two energetic science teachers, was enrolled in a college division robot competition sponsored by the National Aeronautics and Space Administration. With three other undocumented students, Oscar worked for months in a windowless storage room in his high school and tested their invention at a scuba training pool on the weekends. Competing against students from MIT and other top universities, Oscar's team won first place in this robot competition.

   Oscar has since graduated from high school. You know what he does? He is not in the military. He is not using his scientific skills. He is an undocumented person in America. He hangs sheetrock for a living. It is the best job he could get without a college education or the opportunity to enlist in the military. He wants to save his money in hopes that someday--just someday--the door will open and give him a chance to be part of this Nation, the only Nation he has really ever known. Couldn't we use his talent? Couldn't the military use someone like Oscar? The DREAM Act would help students just like him. It is designed to assist only a select group of students who would be required to earn their way to legal status.

   Now, the fundamental premise of the DREAM Act is that we shouldn't punish children for the mistakes their parents made. That isn't the American way. The DREAM Act says to these students: America is going to give you a chance. It won't be easy, but you can earn your way into legal status. We will give you the opportunity if you meet the following requirements: if you came to the United States when you were 15 years old or younger, if you have lived here at least 5 years, are of good moral character, and you graduate from high school and then serve in the military or attend college for at least 2 years.

The Tradition of Immigrant Service in the U.S. Military

   The DREAM Act doesn't mandate military service. There is a college option. A student who is otherwise eligible could earn legal status that way. It would be inconsistent with the spirit of our volunteer military to force young people to enlist as a condition for obtaining legal status, but the DREAM Act creates strong incentives for military service.

   Many DREAM Act kids come from a demographic group that is already predisposed to serve the United States in the military. A 2004 survey by the RAND Corporation found that 45 percent of Hispanic males and 31 percent of Hispanic females between ages 16 and 21 were very likely to serve in the Armed Forces, compared to 24 percent of White males and 10 percent of White females.

   It is important to note that immigrants have an outstanding tradition of service in the military. There are currently 35,000 noncitizens serving in the military and about 8,000 more will enlist each year. These are not citizens; they are legal residents who are willing to serve our country.

   I have met them. The second trip I made to Iraq was to a Marine Corps base west of Baghdad. They lined up a group of young marines from Illinois to whom I could say hello. It was a hot and dusty day. They stood there waiting for this Senator to show up. The last one of them in line was a young Hispanic man from Chicago named Jesus. Jesus had with him a brown envelope. He said: Senator, I would like to ask you a favor. He said: I enlisted in the Marines and I am glad to be a marine, but the one thing I would like to do someday is to vote. I am not a citizen and, he said, I need a chance. He said: I hope you can help me get a chance to become a U.S. citizen.

   I said to myself, what more could we ask of this young man? He volunteered for the U.S. Marine Corps to go to a battle zone and risk his life for America.

 Student Responsibilities Under the DREAM Act

  I listen to speeches on the floor here. My friend from Alabama, Senator Sessions, comes to the floor on a regular basis and criticizes the DREAM Act. He criticizes this bill that would give young people who are undocumented and graduate from high school, of good moral character, without a criminal background, who want to serve our Nation in the military on their path to becoming legal. He criticizes this bill. He calls it amnesty.

   Do you know what, an amnesty is a giveaway. Amnesty is a card to pass ``Go'' and collect $200 in America. Do you think those who would volunteer for the military, who are willing to risk their lives for our country, are going to receive amnesty? Is this a gift? It is a gift to America that they are willing to risk their lives for our country. It is a gift to America that once having served, they will come back as proud Americans, voting and living in this country. It is a gift to America that they will use their skills and talent to make this a greater nation. For my colleagues to come to the floor and call this amnesty is to, in some ways, denigrate the fantastic sacrifice these young people would be willing to make, who serve in the military to become citizens.

   I will concede this is not the only path to citizenship under this DREAM Act. Those who finish 2 years of college would also have a chance. I think that is only fair. To make this contingent only on military service I think would create a situation which is not consistent with a volunteer military. I hate to see us lose these young men and women who want to be part of America and are willing to risk their lives for that opportunity.

   A recent study by the Center for Naval Analysis concluded ``non-citizens have high rates of success while serving in the military--they are far more likely, for example, to fulfill their enlistment obligations than their U.S.-born counterparts.''

   The study also concluded there are additional benefits to enlisting noncitizens. For example, noncitizens ``are more diverse than citizen recruits--not just racially and ethnically, but also linguistically and culturally. This diversity is particularly valuable as the United States faces the challenges of the global war on terrorism.''

   The DREAM Act is not just the right thing to do; it would be good for America. The DREAM Act would allow a generation of immigrants with great potential and ambitions to contribute to the military and other sectors of American society.

The DREAM Act and Military Readiness

   I am not just speaking for myself here, as the sponsor of this legislation. The Department of Defense recognizes it, and we have worked with them. Bill Carr, the Acting Under Secretary of Defense for Military Personnel Policy, recently said the DREAM Act is ``very appealing'' to the military because it would apply to the ``cream of the crop'' of students, in his words. Mr. Carr concluded the DREAM Act would be ``good for [military] readiness.''

   On the Defense authorization bill, I don't believe it is unusual or improper for us to consider a bill that a leader in the Department of Defense said would be good for military readiness.

   Last year at a Senate Armed Services Committee hearing on the contributions of immigrants to the military, David Chu, the Under Secretary of Defense for Personnel and Readiness, said:

   There are an estimated 50,000 to 65,000 undocumented alien young adults who entered the United States at an early age and graduate from high school each year, many of whom are bright, energetic and potentially interested in military service. They include many who participated in high school Junior ROTC programs. Under current law, these young people are not eligible to enlist in the military ..... Yet many of these young people may wish to join the military, and have the attributes needed--education, aptitude, fitness and moral qualifications. .....

   The Under Secretary went on to say:

    ..... the DREAM Act would provide these young people the opportunity of serving the United States in uniform.

 

   Military experts agree. Margaret Stock, a professor at West Point, said:

   Passage of the DREAM Act would be highly beneficial to the U.S. military. The DREAM Act promises to enlarge dramatically the pool of highly qualified recruits for the U.S. Armed Forces ..... passage of this bill could well solve the Armed Forces enlistment recruiting woes.

   Do you know what we are offering to young people now to enlist in our military? For many of them, a $10,000 cash bonus, right out of high school, if they will enlist in the military. And if they will show up within 6 weeks, we double it to $20,000, the largest cash incentive we have ever offered. These young people aren't looking for a cash incentive. All they want is a chance to fight for America, to defend our country and to become part of our Nation's future.

   Conservative military scholar Max Boot agrees. When asked about the DREAM Act, he said:

   It's a substantial pool of people and I think it's crazy we are not tapping into it.

   These experts are right. The DREAM Act kids are ideal recruits. They are high school graduates, they have good moral character, and they desperately want to serve America. At the time when the military has been forced to unfortunately lower many of its standards to meet recruitment targets, we should not underestimate the significance of these young people as a national security asset.

   This is the choice the DREAM Act presents us. We can allow a generation of immigrant students with great potential and ambition to contribute more to America, or give them the future of living in the shadows, uncertain about what they can do, uncertain about where life will lead them.

   I am going to urge my colleagues to support this legislation and I hope they will, for a moment, pause and reflect. There have been a lot of things said about immigration during the course of this debate. I look back on this issue as one who doesn't come to it objectively. I am the son of an immigrant. My mother came to this country as a young girl at the age of 2 from Lithuania. Her naturalization certificate sits behind my desk upstairs. She became a naturalized citizen at the age of 25. She lived long enough to see me sworn into the Senate, and I was so proud of that day and so proud to be a Senator from the State of Illinois.

   I believe in immigration. I believe the diversity of America is our strength; that Black, White, and Brown, from every corner of this Earth we have come together to create something no nation on Earth can rival.

   There are those who will always see immigration differently, those who will question it, and those who will be critical. For those people, I ask them to step back and take an honest look at this. Step back and take an honest look at these young people, meet them, sit down with them, as I have. They will bring tears to your eyes when they talk to you about how hard they are working to make it in this country. They don't get many of the breaks which other kids get, but they keep on trying.

America's Untapped Immigrant Talent Pool

   One of my friends is getting his graduate degree in microbiology at the University of Chicago. He keeps going to school because, as he said: Senator, I don't know what to do when I get out of school. I am not a legal American. I am undocumented. My dream is to work for a pharmaceutical company, to do medical research one day. Can we afford to let him go? Can we afford to turn our back on what he will bring to America?

   It is interesting to me, before the end of this year we are likely to debate H-1B visas. The debate behind H-1B visas is that we don't have a large talent pool in America. We need to bring the best and brightest from India, from Asia, from Africa, and from Europe. We need to bring them in so our companies in America, starved for talent, that can't find it here, could find it in these visa holders coming in from foreign countries. We will let them work for 3 years or 6 years. Some them may try to stay. Some of them will go home.

   But if we are at a point where we don't have a large enough talent pool in America, can we honestly say that these young people, the people who would be benefitted by the DREAM Act, are a talent we can waste? I don't think so.

   Just last year I was eating in a restaurant in Chicago. It is a pretty famous breakfast place called Ann Suther's. Tom Tully is an alderman for the city of Chicago, and his family owns the restaurant. He introduced me to a young man with an apron on. He called him Juan and he said: Juan, come over and meet the Senator. He explained to me that Juan, who came to this country illegally, was allowed to stay and become a citizen under the amnesty that was offered by President Reagan 20 years ago. Juan went on to get an engineering degree and went on to work with an engineering firm, but because he remembers that this restaurant offered him a chance to wash dishes when nobody else would give him a job, he shows up every once in a while on a Saturday and works for a few hours for nothing, just to be around his old friends.

   Those are heart-warming stories and there are many of them out there. I know there are people who seriously question whether immigration can be debated successfully on the floor of the Senate. I am hoping it can be and I am hoping my colleagues on the Democratic side and the Republican side will join me in this bipartisan effort for these young people, to give them a chance to serve and a chance to excel. It will make their lives better and make America a better nation.