Policy and Legislation : Legislative Analysis
S. 1545, Development, Relief, and Education for Minors (DREAM) Act |

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November 20, 2003
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Efforts are underway at both the federal level and in several states to allow illegal aliens to pay steeply discounted, taxpayer-subsidized, in-state tuition rates at public colleges and universities—rates not available to American citizens from other states. As state universities across the country increasingly limit enrollment, increasing the intake of illegal aliens into these schools will mean fewer opportunities and less aid for U.S. citizens and legal immigrants.
While not companion bills, both S. 1545, the Development, Relief and Education for Minors Act, introduced by Senator Orrin Hatch (R-UT), and H.R. 1684, the Student Adjustment Act, introduced by Rep. Chris Cannon (R-UT), would:
- Repeal federal law barring illegal aliens from benefiting from in-state tuition assistance.
- Grant major amnesties to illegal aliens students and ultimately their parents.
- Grant amnesty to others who in many cases aren’t even required to graduate from high school or college.
- H.R. 1684 would cancel deportation orders against and grant legal permanent resident status to any illegal aliens under the age of 21 who claim to have been in the United States for five consecutive years.
- S. 1545 sets no age limit on the illegal aliens who could benefit from the program.
- Neither bill limits the number of illegal aliens eligible.
FAIR opposes S. 1545 and H.R. 1684 because they would:
- Deny Equal Protection. This legislation puts illegal aliens ahead of American citizens and legal residents (a denial of equal protection under the law) by giving them in-state tuition rates that are not available to American citizens or legal permanent residents from other states.
- Deny Deserving American Students College Admission. Since state colleges and universities across the nation have limited enrollment capacity, increasing the intake of illegal aliens into these schools will necessarily preclude opportunities for deserving U.S. citizens and legal residents.
- Grant a Never-Ending Amnesty. Neither bill contains any provisions aimed at curbing continued mass illegal immigration, making both the program and the amnesty ongoing.
- Invite More Illegal Immigration. This program will encourage illegal immigration by individuals hoping to secure their own eventual amnesty.
- Jeopardize Homeland Security. The Senate bill endangers homeland security by establishing an application process that would be highly susceptible to fraud and lying on applications and places the burden of proof on the government rather than the applicant. Instead of requiring the illegal alien to prove the authenticity of information on an application, the Department of Homeland Security would be required to prove information given on applications is false or fraudulent—an impossible task given the magnitude of the program and the scarcity of DHS personnel and resources.
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