Senator Dick Durbin (D-Ill) just won’t let it go.  And that’s a good thing when it comes to the DREAM Act, a bill that will provide a pathway to immigration compliance to thousands of undocumented students and young adults.  Fueled by his passion for justice, Durbin is determined to see the DREAM Act become the law of the land.  Others, like Senators Oren Hatch (R-Ut) and John McCain (R-Az) who originally co-sponsored DREAM, long ago fell victim to partisan politics and dropped their support for the decade old proposal.  But today, Senator Durbin, who remains doggedly determined do the right thing, will chair the first ever hearing on the DREAM Act.

The DREAM Act was originally conceived as a bipartisan measure to help a tiny segment of the undocumented population; the children of unauthorized immigrants who were brought to the U.S. as youngsters and who, through no fault of their own, now find themselves living in immigration limbo without legal status or a chance to build a future in the only country most have ever known. The DREAM Act was a bill that attracted broad bipartisan support because it helped helpless children.

That’s how the DREAM Act started out anyway.

But a funny thing happened since it was first introduced in 2001.  The helpless children are no longer either helpless or children.  They have grown up to contribute richly to America’s culture and social fabric.  Today they are students, workers, artists, athletes and, as we learned last week, even Pulitzer Prize winning journalists.  They include people like Gaby Pacheco, an extraordinary young woman who has, against all odds, earned advance degrees, and, at great personal risk, literally walked from Miami to Washington, D.C. to focus the country’s attention on the plight of the DREAMers and other undocumented immigrants; and Bernard Pastor of Cincinnati, Ohio who graduated in the top 5% of his class and led his high school varsity soccer team.  And there are countless other DREAMers, including many adults, who have also, against all odds, managed to succeed.  They are no longer dependent on their parents who brought them here or the immigration advocates who have tried to help them.  Rather, they now look to themselves to fix the broken immigration system that plagues America.

The DREAMers coming of age and self-empowerment was clear to anyone who, like me, was fortunate enough to be at the U.S. Senate this past December when the DREAM Act last came before the Congress.  Hundreds of DREAMers had come to Washington from across the country to lobby their Senators to vote for DREAM.  Its passage in the House of Representatives days earlier gave many hope that their dreams would finally come true; that they would no longer be relegated to a life of uncertainty and fear – not accepted in the country they have struggled against all odds to enrich-and forced to fear being handcuffed and jailed just for driving on an expressway, applying for a job, or boarding a train, bus, or a plane without proper papers.  For the first time in years it seemed that maybe, just maybe, Congress would finally offer a small segment of the undocumented population a pathway to earned compliance with the law and a chance to realize the American Dream.

But it was not to be–at least not on that day.

And while the Senate failed to pass the DREAM Act last December, what was clear to all those present on Capitol Hill that cold Saturday afternoon was that the movement to pass DREAM, and perhaps the struggle for comprehensive immigration reform itself, had passed to a new generation; a generation that is culturally, socially, and spiritually American.  The DREAMers of today have become the sheppards of a critical civil rights movement which, like the epoch civil rights movement of the 1960s, will guide the future of immigration reform and, possibly, of this great nation.  Like the Americans they are in their hearts and minds, they are not asking for anything.  Instead, with dignity and integrity, they are rightfully demanding a chance to be part of the American family.

Most important, the students and young adults we call DREAMers have no intention of ever leaving America.  After all, they are already home.

By David Leopold and Eleanor Pelta

Remember Kindergarten?  For us it was long time ago, but we both still have vivid memories of our teachers, some of the other kids of the class, and, of course, the playground.  It can be frightening for young children to start school and learn to separate from the security of home.

Luckily for us we attended kindergarten Michigan and Pennsylvania in the 1960’s, not in Alabama in 2011.  Today, crayons and nap time are the least of a 5 year child’s worries in the Heart of Dixie.  Come this fall the children in Alabama better be ready to prove they are “legal” before they can even hope to qualify for play time.  Ever vigilant in performing their sacred duty to protect the good citizens of the Yellowhammer State, the Alabama Legislature and Governor Robert Bentley have conspired to enact an immigration law so nasty and mean spirited that it has been described as “Arizona SB1070 on steroids.”  The new law incorporates most of Arizona SB1070’s ugliest provisions, including racial profiling, overbroad harboring provisions, and, that old favorite, the criminalization of undocumented workers.  But it goes a few steps further.  In their zeal to dehumanize undocumented immigrants, the cynical politicians of Montgomery have actually set their sights on, of all things, children.

And how exactly does the Alabama law go after kids?

Instead of the relatively tame learning activities that we grew up with, like sharing with others and playing in the sandbox, the Alabama law requires, upon registration for school, that school officials determine whether a child was born in or outside the United States or, even if the child is a US citizen, whether he or she has a parent who is an undocumented immigrant.

Alabama is home to many military families so it’s not hard to imagine a child who was born outside the US registering for school. Nor is it difficult to imagine an Alabama child who has one US citizen parent (perhaps even a military parent) and one undocumented parent.

Once the school learns that the child or one of his or her parents is or may be undocumented, officials must report the information to law enforcement. If they don’t, officials risk being charged with obstruction of justice.  And even if the official is not charged with a crime the Alabama law includes a provision which allows private citizens to sue “any official or heard of agency” if the citizen believes they are not reporting alleged undocumented immigrants.  In this way, Alabama politicians were careful to make room for racial profiling by private citizens.

In the competition for the most gratuitously vicious law aimed at immigrants, Alabama’s is the clear winner thus far.  It surpasses Arizona’s in many ways, not only in its venomous provisions aimed at the most innocent citizens of the state–children–but in its successful creation of a Gestapo-like environment which not only encourages, but mandates that citizens spy and report on their neighbors.

Congratulations, Alabama. You get the prize.

Of course, Alabama’s offensive and extreme law echoes a much earlier period of infamy for that state, a period also marked by extremism. Let’s not forget the Bloody Sunday confrontation on March 7, 1965, when 600 civil rights marchers were met in Birmingham by a wall of Alabama state troopers who used tear gas and clubs to beat them back.  Alabama’s violent reaction to the protesters prompted the songwriter and comedian Tom Lehrer to write these words in his satirical song about nuclear proliferation, “Who’s Next?”:

We’ll try to stay serene and calm

When Alabama gets the bomb

One has to wonder how much has really changed in Alabama from the days when state-sponsored violence constituted its reaction to the nascent Civil Rights movement, to today, when unconcealed hatred informs its laws and policies regarding immigration. And, unfortunately, one also has to wonder “Who’s Next?”

As for now, kindergartners in Alabama better be ready to show their papers before they even think about nap time.

Bernard Pastor

This is a difficult moment for the DREAMers.  The Senate has failed them, and the nation.  Make no mistake, the DREAM Act will become law one day.  And, so too, will there be a humane and sensible immigration policy.  What we need are national leaders who care more about America than their political careers.

I have had the honor of representing Bernard Pastor, an 18 year old DREAMer from Reading, Ohio who was locked up by ICE for a month and released on Friday, December 17, hours before the Senate rejected the Dream Act.  Describing the political disarray left in the wake of the Senate vote yesterday, the New York Times’ Julia Preston juxtaposed Bernard’s last minute release against ICE’s ongoing policy of mass deportations.

The administration’s efforts to manage its policy dilemma played out this week. Speaking on Friday before the vote, John Morton, the head of Immigration and Customs Enforcement, said the agency would continue the brisk pace of deportations, focusing on immigrants convicted of crimes. On the same day, the agency released from detention an 18-year-old Guatemalan student from Ohio, Bernard Pastor, granting him a one-year reprieve from deportation to continue his education.

Can you imagine where Bernard would be right now if he hadn’t been freed on Friday?

Yet, in the midst of our disappointment with the lack of a coherent, sensible immigration policy, coupled with the pain suffered by the thousands of DREAMers whose hopes were dashed yesterday, we can take solace in the words of Bernard Pastor, who, in a letter reminiscent of Dr. Martin Luther King’s heroic Letter From Birmingham Jail, wrote the following while incarcerated by ICE and awaiting his imminent removal to Guatemala, a country he does not know:

I am not defined by where I was born; I am defined by where and with whom I was raised.  I am defined by how I live my life.

People might be surprised that the son of a pastor is in the situation in which I now find myself, but I think that it takes just such a person to make a necessary difference, to make things change. Perhaps it seems to you that I am caught in a bad situation, but the Bible tells me this:

“In the day of prosperity be joyful, but in the day of adversity consider.”  Ecclesiastes 7:14

In my own words: a day of sorrow is better than a day of joy because through pain the heart is mended; it is through my difficulties that I learn. I have always known that each of us is here to be a history maker. This is true regardless of one’s station in life. All I can hope is that I serve as an example for others to understand the great injustices carved into the fabric of our broken immigration system. I pray that my example helps pass the DREAM Act because it is the DREAM Act that will help others who find themselves in my shoes.

I feel that this is the purpose that God has for me, and I will never fight his will.  And I want to be able to be the one who steps up, the one who can be the voice for those other thousands of DREAMers who cannot speak out for themselves.

Sometimes, one needs difficult times to reestablish one’s faith, even the faith that one might believe they already had.  In the words of Jon Foreman – a committed evangelical Christian and the lead singer of Switchfoot – “Two things You have told me: You are strong and You love me… So why should I worry?  You know what I need.” I know that this is all God’s plan and all the glory is his alone.  I thank God for letting me be His conduit, the vessel through which he may be exalted.

I thank all of you who are working to help both me, and others like me; you know the Truth behind my situation.  I leave you now with a quote from the Christian musician, Brandon Heath:

“There is hope for me yet because God won’t forget all the plans he’s made for me.  He’s not finished with me yet.”

God bless you all,

Bernard

By Karol Brown

Wednesday night, I cheered when I heard that the U.S. House of Representatives approved the DREAM Act by a vote of 216 to 198. Yesterday, the Senate postponed their efforts to proceed with their version of the DREAM Act by a vote of 59 to 40. Several news outlets have misinterpreted this Senate vote as the death of the DREAM Act. But the Senate may still vote next week to take up the House version of the DREAM Act, and keep the DREAM alive for so many young people across our country. AILA members need to act now to call or write your Senators and urge them to vote yes on the DREAM Act.

Many of us, as AILA members, have seen the faces and heard the compelling stories of those whose lives would dramatically change if the DREAM Act is passed. My firm represents Alonso Chehade, a DREAM Act candidate who has been ordered deported to Peru. He has lived in the U.S. since he was 14 years old, graduated from high school in Washington State, and earned his bachelor’s degree from the University of Washington in Business Administration. He has no family in Peru, and wants only to contribute to this country where he has grown up. Alonso was able to build a coalition of people who worked tirelessly to delay his deportation indefinitely. He has become an activist, advocating for other young people in similar circumstances and for the passage of the DREAM Act.

AILA members have attended rallies, lit candles at vigils, and watched the mock graduation ceremonies held at cities and towns across America. We have talked to our friends and families and community members about the need for immigration reform, such that 70% of the American public supports the DREAM Act. We have sent letters, written emails, and made phone calls to our Congress members and Senators urging them to pass this bill. All of our efforts have resulted in the passage of the DREAM Act in the House, and contributed to a building momentum for the passage of this bill in the Senate.

We must continue to do all of that, and more, to ensure that this bill becomes the law of the land. If you have already sent an email to your Senator, send another email and convince five of your friends to send one as well urging them to vote “yes” when DREAM comes up for a vote. If you have already called your Senator’s office, call again and keep calling until the vote is held. Post a story about the DREAM Act or AILA’s call to action on Facebook, so your social network can participate in your efforts. Send a message to your Representative to thank them, or spank them, for their vote on the DREAM Act.

We also need to counter the ignorance and misinformation spread by restrictionists about this bill. The DREAM Act does not provide a blanket amnesty, or guarantee without restriction that all young people here illegally have the right to stay in this country. Rather, it provides certain, well-chosen individuals a way to earn the privilege of remaining in the United States. People under 30 years old who came to the U.S. before age 16, who have good moral character, and who graduate with a U.S. high school diploma or GED must first complete two years of college or serve two years in the U.S. military. Only when those requirements are met would these high-performing young people be granted permanent residency status. The result is a win-win for the U.S. and these young people.

This legislation is the right thing to do. Many AILA members represent DREAM Act candidates and know first-hand their heartbreaking stories. These hardworking individuals should not be punished for circumstances beyond their control. Our government should not impose a life sentence on these young people for the actions of their parents.

Our current, broken immigration system provides no path for undocumented children to ever gain legal status, no matter how great their potential. Our immigration laws must be changed to create a path to citizenship for this targeted group of young people.

It is a critical time for AILA members to fight for this talented group of people who could benefit from the DREAM Act. We need to call and write and email our Senators to urge them to approve the DREAM Act. We need to get our family, friends, co-workers, community leaders to urge passage as well. We must do everything in our power to have the Senate enact this legislation.

The DREAM Act would benefit the most innocent victims of our broken immigration system while furthering our nation’s interests. Let’s keep the DREAM alive!

Guest blog by Mo Goldman, AILA Board of Governors

Black Friday is for DREAMers!

What is the universal color for hope?   Is it white?  Is it green?  Is it black?  Perhaps, like our draconian immigration laws, the color of hope is just different shades of grey.  No matter what color you associate with hope, you need to boldly wear that color next week on the day the DREAM Act goes up for a vote.

We like to associate colors with different causes and it’s only appropriate that Black Friday is 2 days away.  This year the day is even more important for many of our clients.  It will be a day where DREAMers and their supporters around the country make last ditch efforts to impress upon their legislators the value and need for a DREAM Act.  Many hopes and dreams are hanging in the balance and the stakes have never been higher.

Stories continue to surface about DREAMers who are student body presidents, valedictorians, aspiring soldiers, having sit-ins, hunger strikes and facing imminent removal.  Sadly, some are even so despondent about their situation that they have either committed or thought of attempting suicide. Many DREAM Act candidates have joined the campaign known as “Undocumented and Unafraid” where they come out and present their stories to the public.  As far as I’m concerned, these individuals are demonstrating more courage than most elected representatives have ever done.

Bottom line: This Black Friday, we owe it to our clients to do our part to make this dream a reality.  Therefore, I am issuing a “Black Friday” challenge to all of you.  After you have done your shopping (or avoided the stores altogether…probably a wiser choice), you need to coordinate and escort DREAMers to deliver their written stories to your congressional representatives.  If your client is willing to share their story with the public you should invite the local media along to document this experience.

The anti-immigration groups are feeding Senator Sessions and others inaccurate information in an effort to continue the nightmare for DREAMers.  We need to do our part to educate our legislators and make certain that they know the truth about DREAM, using these talking points provided by the American Immigration Council.  Many hopes and dreams are hanging in the balance and you can do your part in making Black Friday a more colorful and memorable day for DREAMers.

The United States of America is the result of an audacious dream.

At a time when kings and queens were the norm a group of radicals dreamed of a place where the will of the people would govern; a radical and dangerous concept at the time. And ever since, dreaming has defined our political and social fabric—“the American Dream,” “I Have a Dream,” “the Dream Shall Never Die,” “Dreams of My Fathers.”

So it is fitting that a simple law which offers a pathway to citizenship to thousands of innocent and promising undocumented children and young adults is called the “Dream Act.”  The law hardly brings about the sweeping changes needed to fix the broken immigration system. But it represents a bold first step toward a desperately needed comprehensive overhaul of the dysfunctional law that stymies American business and separates families across oceans. When you think about it, the Dream Act is a no-brainer—a win-win for everyone. The deserving kids get a chance at the American Dream and, in exchange, America gets their demonstrated commitment to its vitality and future.

That’s why it was so frustrating yesterday to watch the Senate Republicans obstruct yet another legislative initiative; this time in the context of a procedural vote on a motion to proceed to consideration of the fiscal 2011 defense authorization bill (S. 3454). That means the Senate won’t be able to consider the Dream Act as an amendment to the bill along with other issues like the repeal of the “Don’t Ask, Don’t Tell” policy regarding gays in the military.   At the risk of sounding too partisan, it just seems like in their zeal to thwart President Obama and the Democrats the Republicans in Congress will obstruct anything they do, even if it helps the country.

So the promising youth that will benefit from the Dream Act have to wait a little longer. And so will America, which will reap tremendous rewards from their full participation in American society. Even the Defense Department understands the value these young people bring to the U.S. and strongly supports passage of the Dream Act as one of its official goals for helping to maintain “a mission-ready, all-volunteer force.” And educators and others who also support the act recognize how much better it is to encourage the aspirations of young people, not to consign them to lives of under-the-table jobs and unmet potential.

The Dream Act targets for future citizenship exactly the kind of people America should be embracing: young soldiers, scholars, strivers, future leaders.

Make no mistake, the nasty obstructionism that plagues Congress is more than just, as President Obama calls it, “the silly season of politics.” It is a fight for the soul of America. It is about our essence as individuals, as a people, as a culture, and as a nation. It is about where we have been and where we are going. What kind of a country do we want to be? Do we want to be a welcoming nation that opens its arms to people from all over the world, and from all walks of life? Or do we want to turn our backs on those in need and restrict, out of ignorance and xenophobia, critical opportunities for engineers, entrepreneurs, researchers, scientists, and, of course, promising children?

I know which nation I want. And I will continue to dream. So, when the opportunity arrives, and Congress is ready to work, I will be the first in the line to call the Hill and urge them to support the Dream Act. We won’t let this Dream fade away and we can all fight together to prove that dreams can come true.