Small Business Lending Fund Act of 2010--Continued

Floor Speech

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Mr. DURBIN. Mr. President, I rise to speak about an issue that is timely and controversial; it is the issue of immigration. There has been a heated debate for over a year about the immigration law passed by the State of Arizona. This debate highlighted the need for Congress to fix our broken immigration system.

Here is how the Arizona Association of Chiefs of Police put it:

We strongly urge the U.S. Congress to immediately initiate the necessary steps to begin the process of comprehensively addressing the immigration issue to provide solutions that are fair, logical and equitable.

I agree with the Arizona Association of Chiefs of Police. Congress has an obligation to the American people to fix our broken immigration system. This broken system harms our national security, it hurts our workers, and it falls short of the most basic standards of justice.

First, we must secure our borders, strengthen enforcement of our immigration laws, and address the situation of approximately 11 million undocumented immigrants who live and work in our country. Unfortunately, the reality is that Congress is not likely to consider comprehensive immigration reform this year. I have supported every effort toward that end during the time I have served in the Senate.

I recall not that long ago, just a few years ago, an amazing, bipartisan group of Senators which included, at that time, the two men who just ran for President of the United States, Senator McCain and then-Senator Barack Obama. It was an incredible effort, and it had the invested political capital of President George W. Bush, who was genuinely committed to immigration reform. I can recall the President saying in meetings and saying to me personally how much he wanted to see that done. I still salute him for his leadership on what was a tough issue then and still is.

The reality is that we did not pass comprehensive immigration reform despite our best efforts. But that should not prevent us from moving forward with reforms so our broken immigration system is repaired and is improved over what we currently have.

Let's take one example. In recent years, we have made dramatic progress in securing the border and reducing illegal immigration. The number of Border Patrol agents serving our country and protecting our borders has doubled from 10,000 in 2004 to 20,000 today. According to the Department of Homeland Security: ``Today the Border Patrol in America is better staffed than any time in its 86-year history.''

The Department of Homeland Security has completed 646 miles of border fencing out of the 652 miles authorized by Congress. The remaining 6 miles will be completed before the end of the year. In the first 9 months of fiscal year 2010, the Department of Homeland Security has deported approximately 280,000 illegal immigrants. That is a 10-percent increase in the number of deportations over the same period in fiscal year 2008, which was the last year of the Bush administration.

The Department of Homeland Security has focused on deporting illegal immigrants who have committed crimes. As a result, more than 136,000 criminal aliens have been deported so far in this fiscal year. That is a 60-percent increase over the number of criminal aliens deported during the same period in fiscal year 2008, and it is the most criminal aliens ever deported during a single year.

What is the result of all these efforts? Earlier this month, the Pew Hispanic Center released a new report on illegal immigration with two striking findings. First, the number of illegal immigrants entering the United States annually has decreased by two-thirds in the past decade, from 850,000 per year to 300,000 per year.

Second, the total number of illegal immigrants living in the United States is down by 8 percent in just the last 2 years. The Pew Center said: ``The decrease represents the first significant reversal in the growth of the illegal immigrant population in America in 20 years.''

Let me repeat that. The number of illegal immigrants entering our country has decreased by two-thirds, and for the first time in 20 years there has been a significant decline in the number of illegal immigrants living in America. So we are making remarkable progress in our fight against illegal immigration.

Our efforts will not end there. Last month, Congress passed the 2010 emergency border security supplemental appropriations bill, legislation authored by my colleague from New York and the chairman of the Immigration Subcommittee, Senator Schumer, cosponsored by Senators McCain and Kyl of Arizona. That bill provided $600 million more additional funding to enhance border security.

Let me tell you how we will spend it: $176 million for 1,000 more additional Border Patrol agents, $68 million for 520 Customs and Border Protection officers, $80 million for 250 new Immigration and Customs enforcement personnel, and $32 million for 2 unmanned aerial vehicles to monitor the border.

We have taken this challenge seriously. We are investing the resources on a bipartisan basis, and we can see the results. When I sat down with Senator Jon Kyl, my Republican counterpart, and talked about this issue, he showed me a map of Arizona, and he pointed to a section of the border which has had a dramatically positive change when it comes to illegal immigration. He then pointed to another section which he said needed improvement. But he conceded, and most do, that we have made a commitment. We have dedicated the resources, and the Obama administration has joined with Republicans in Congress to produce real results when it comes to illegal immigration.

We are making great progress in securing the border and reducing illegal immigration, but let's be clear. Border security alone will not fix our broken immigration system. There are other critical reforms we can make right now. One important step Congress should immediately take up is passing the DREAM Act. This is bipartisan legislation I have introduced with Republican Senator Dick Lugar of Indiana.

Let me say a word of thanks to Senator Lugar for stepping out on this important issue and joining me in this effort. The DREAM Act is a bill which I introduced 10 years ago. If you have been around the Senate, that is considered a brief period of time. But I cannot imagine I am standing here 10 years later still arguing for this bill. I think it is worth recounting how I happened to introduce it.

About 85 percent of all of the case work, constituent work we receive in our Chicago office relates to immigration. Chicago is a great city, a diverse city, with people from all over the world. It is no surprise many of them come to our office with immigration issues. So 10 years ago we received a phone call. It was from a Korean-American lady, a single mom who ran a dry cleaners.

As I have mentioned in previous debates, in our great city of Chicago, about 85 percent of the dry cleaners are owned by Koreans. It is one of their commitments in entrepreneurial skill, and they work hard, with long days.

Well, she called to tell me about her little girl who was now graduating high school. It turns out, her little girl was an amazing pianist, an amazing musician, and had been accepted by the highly acclaimed Juilliard School of Music in New York. Her mom was so excited. But as her daughter filled out the application form to go to Juilliard, there was a little box there that said ``nationality,'' and she turned to her mom and said: I know I was born in Korea, but what am I?

Her mom said: I don't know. We brought you here at the age of 2, but we never filed any papers. We better call Durbin. So they called our office, and we checked into it. We learned, through the Immigration Service, that she had an option. They said it was her only option, and it was very clear.

We said: What is it?

They said: She can go back to Korea--back to Korea, to a place where she did not speak the language, where she had no memory of ever living, a place she had not even visited in 16 or 17 years.

This woman also married in the United States and had other children who were American citizens, but this one daughter, brought over on a plane from Seoul, Korea, was living in Chicago, thinking everything was just fine and normal, and now, at the age of 18 or 19, learned she was about to be deported to a place where she did not even speak the language.

It seemed to me fundamentally unfair. If you arrest someone for speeding and they have an infant in the car seat behind them, you do not charge the infant with speeding, do you? It would not make sense. There is no blame there, no liability, no culpability. So why in this case, if this mother came to the country and did not file the papers, would this girl, this young woman, be denied an opportunity to become legal in the United States?

So I wrote a bill called the DREAM Act. The DREAM Act says basically
this: If you came to the United States under the age of 16, if you have lived in this country for at least 5 years, if you have no criminal record, if you graduate from high school, we will give you two chances to become legal in our system. The first opportunity: We will allow you to serve in our Armed Forces. If you will enlist for 2 years of Active Duty, we will allow you to become legal in the United States. If you are willing to risk your life for our Nation, we are prepared to give you legal status. Secondly, if you complete 2 years of college, we will also give you that same option.

That is it. That is the DREAM Act. It gives to these young people who have no country and literally no future because they have no citizenship, an opportunity.

Well, that is what I introduced 10 years ago. I still think it is valid. The DREAM Act will give a select group of immigrant students the chance to earn legal status if they grew up in the United States, have good moral character, attend college, or enlist in our military.

Today, in America, there are tens of thousands of immigrant students who were brought to the United States when they were too young to understand the consequences of their parents' decisions. It was not their decision to come to this country. They came along for the ride, and many of them were infants. They grew up here. They became part of our country. It is the only home they have ever known, and now they are without a country.

These young people are the presidents of student councils, valedictorians, junior ROTC leaders, and star athletes. They are tomorrow's scientists, doctors, teachers, engineers, and soldiers. They will be our leaders.

The fundamental premise of the DREAM Act is that we should not punish the children for the decisions of their parents. It is not the American way. Instead, the DREAM Act says to these students: We will give you a chance, a chance to prove yourself, and a chance to improve America.

Here is how former Republican Presidential candidate Mike Huckabee explained it. Mike, as you know, was a former Governor of the State of Arkansas. Here is what he said:

A kid comes to this country, and he's four years old and he had no choice in it--his parents came illegally. .....That kid is in our school from kindergarten through the 12th grade. He graduates as valedictorian because he's a smart kid.

Governor Huckabee said:

The question is: Is he better off going to college and becoming a neurosurgeon or a banker or whatever he might become, and becoming a taxpayer, and in the process having to apply for and achieve citizenship, or should we make him pick tomatoes? I think it's better if he goes to college and becomes a citizen.

That is what Governor Huckabee said.

The DREAM Act has broad bipartisan support. The last time the Senate considered it on the Senate floor a few years back, it received 52 votes, including 11 Republicans. Since then, support for the DREAM Act has grown. The bill now has 40 cosponsors, and the DREAM Act is the only immigration bill--the only one--this President, his administration, has endorsed.

The DREAM Act is also supported by a broad coalition of education, business, labor, civil rights, and religious leaders, including, just to name a few, the American Jewish Committee, the Leadership Conference on Civil Rights, the National PTA, the U.S. Conference of Catholic Bishops, the CEOs of Fortune 500 companies such as Microsoft and Pfizer, the AFL-CIO, and dozens upon dozens of colleges and universities across the country, including Arizona State, Penn State, the University of Utah, and the University of Florida.

It also has broad support from the American people. According to a recent poll by Opinion Research Corporation, 70 percent of likely voters favor the DREAM Act, including 60 percent of Republicans.

The DREAM Act is not just the right thing to do, it would be good for America. Michael Bloomberg, the mayor of New York City, knows something about economic development. He sent me a letter supporting the DREAM Act, and here is what he said:

Why shouldn't our economy benefit from the skills these young people have obtained here? It is senseless for us to chase out the home-grown talent that has the potential to contribute so significantly to our society. They're the ones who are going to start companies, invest in new technologies, pioneer medical advances.

Our country would also benefit from thousands of highly qualified, well-educated young people who are eager to serve in the Armed Forces during a time of war. Since the Bush administration, we have worked closely with the Defense Department on the DREAM Act. Defense Department officials have said the DREAM Act is ``very appealing'' because it would apply to the ``cream of the crop'' of students and be ``good for military readiness.''

Military experts agree. LTC Margaret Stock, a professor at the U.S. Military Academy at West Point, wrote an article supporting the DREAM Act. She concluded:

Passage of the DREAM Act would be highly beneficial to the United States military. The DREAM Act promises to enlarge dramatically the pool of highly qualified recruits for the U.S. Armed Forces.

The Army says high school graduation is ``the best single predictor'' of success in the military. However, in recent years, the Army has accepted more applicants who are high school dropouts, have low scores on the military's aptitude test, and some who have had criminal backgrounds. In contrast, under the DREAM Act, all recruits would be well qualified high school graduates with no criminal record and good moral character.

Many DREAM Act students come from a demographic group that is already predisposed toward military service. The RAND Corporation found that ``Hispanic youth are more likely than other groups to express a positive attitude toward the military'' and ``Hispanics consistently have higher retention and faster promotion speeds than their white counterparts.''

Immigrants have an outstanding tradition in America's military. More than 65,000 immigrants are currently on Active Duty in the United States. The Center for Naval Analyses has concluded ``non-citizens have high rates of success while serving--they are far more likely, for example, to fulfill their enlistment obligations than their U.S.-born counterparts.''

The DREAM Act is not a free pass to citizenship. It is designed to assist only a select group of young people who would be required to earn their way to legal status. Here is how it works. A student would have the chance to qualify only if he or she meets these requirements: came to the United States as a child, has lived here for more than 5 years, has good moral character, has not engaged in criminal activity, does not pose any threat to national security, passes a thorough background check, and graduates from an American high school.

If a student fulfills each and every one of these requirements, they can receive temporary legal status. Next, they can serve in the military or attend college for at least 2 years.

Then, after 6 years, if--and only if--this requirement is completed, the student could apply for permanent legal status. If this requirement is not completed, the student would lose his legal status and be subject to deportation.

These requirements are fair, but they are tough. Only a select group of students would be able to earn legal status under the DREAM Act. In fact, according to a recent study by the Migration Policy Institute, only 38 percent of those who are potentially eligible for the DREAM Act would ultimately obtain legal status.

The DREAM Act also includes other important restrictions to ensure it is not abused. I will mention a few: Students who obtain conditional legal status under the DREAM Act would not be eligible for Pell grants. Of course, that is up to $5,000 or more each year to go to college. Residents of the United States, American citizens, who qualify can receive that help. These students, in the process of going to college, could not receive them. Students who apply for the DREAM Act would be subject to tough criminal penalties for fraud. The DREAM Act would not allow what is known as ``chain migration.'' In fact, DREAM Act students would have very limited ability to sponsor their family members for legal status.

I first introduced this bill 10 years ago. Since that time, I have met a lot of young people who would at least be eligible to be considered for this legislation. They have been waiting a long time for this opportunity. Every week--every week without fail--when I go back home, I meet young students, receive calls, e-mails, and letters. I want to mention just a few of them here. I want to put a face on this issue so you can understand the lives that would be affected.

Here is the first one, as shown in this photograph I have in the Chamber. This is Benita Veliz. She was brought to the United States by her parents in 1993, when Benita was 8 years old. She graduated as the valedictorian of her high school class at the age of 16.

She received a full scholarship to St. Mary's University. She graduated from the honor's program with a double major in biology and sociology. Benita's honors thesis was on the DREAM Act. She sent me a letter, and here is what she said:

I can't wait to be able to give back to the community that has given me so much. I was recently asked to sing the National Anthem for both the U.S. and Mexico at a Cinco de Mayo community assembly. Without missing a beat, I quickly belted out The Star-Spangled Banner. I then realized that I had no idea how to sing the Mexican national anthem.

She writes:

I am American. My dream is American. It's time to make our dreams a reality. It's time to pass the DREAM Act.

This is Minchul Suk. Minchul was brought to the United States from South Korea by his parents in 1991 at the age of 9. Minchul graduated from high school with a 4.2 GPA. He graduated from UCLA with a degree in microbiology, immunology, and molecular genetics. With support from the Korean-American community, Minchul was able to graduate from dental school. He has passed the national boards and licensing exam to become a dentist, but he can't obtain a license because he does not have legal status. Minchul is a person without a country. He sent me a letter recently, and here is what he wrote:

After spending the majority of my life here, with all my friends and family here, I could not simply pack my things and go to a country I barely remember. I am willing to accept whatever punishment is deemed fitting for that crime; let me just stay and pay for it. ..... I am begging for a chance to prove to everyone that I am not a waste of a human being, that I am not a criminal set on leeching off taxpayers' money. Please give me the chance to serve my community as a dentist.

Without the DREAM Act, Minchul won't be able to serve his community as a dentist.

This is my Mayra Garcia. Mayra was brought to the United States by her parents when she was 2 years old. Mayra, who is now 18, is the president of Cottonwood Youth Advisory Commission in her hometown of Cottonwood, AZ. She is a member of the National Honor Society. She graduated from high school last spring with a 3.98 GPA. Mayra just started her freshman year at a prestigious university in California. In an essay about the DREAM Act, Mayra wrote:

From the time I was capable of understanding its significance, my dream was to be the first college graduate in my immediate and extended family. ..... College means more to me than just a 4-year degree. It means the breaking of a family cycle. It means progression and fulfillment of an obligation.

Here is what she told me about growing up in the United States:

According to my mother, I cried every day in preschool because of the language barrier. By kindergarten, though, I was fluent in English. ..... English became my way of understanding the world and myself.

Mayra Garcia, like all DREAM Act students, grew up in this country. America is her home. English is her language. As one of these students once said to me, ``I dream in English.''

The next person I wish my colleagues to meet is Cesar Vargas. Cesar was brought to the United States when he was 5 years old. He is currently a student at the City University of New York School of Law, where he has a 3.8 GPA. Cesar founded the Prosecutor Law Students Association. His dream is to serve our country as a military lawyer, but without the DREAM Act, Cesar cannot even volunteer to enlist in the military, despite the fact that he is in law school.

The last person's story I wish to share is Eric Balderas. This is an amazing story. Eric's mother brought him to the United States from Mexico in 1994 when he was 4 years old. Eric was valedictorian and student council president at his high school in San Antonio, TX. Eric just began his sophomore year at Harvard University, where he is majoring in molecular and cellular biology. His goal in life is to become a cancer researcher, but he can't reach that goal because he has no country. He has no citizenship. He needs the DREAM Act.

Wouldn't America be a stronger country if someone such as Eric Balderas could become a cancer researcher? Wouldn't our military be a better place with Cesar Vargas, who wants nothing more than to serve as a lawyer in the Judge Advocate General's Corps? Wouldn't we be better off if these talented young immigrants were able to contribute more fully to this country they love? The DREAM Act would give immigrants such as Eric Balderas and Cesar Vargas a chance to earn their way to legal status--earn their way to legal status--by contributing their talents to America. This is the choice the DREAM Act presents to us. We can allow a generation of immigrant students with great potential and ambitions to contribute more fully to our society and our national security or we can relegate them to a future in the shadows, which would be a loss for us all.

I am going to conclude. I see my colleague waiting patiently over there. I wish to conclude by saying this: I stand here today as a Senator from the great State of Illinois. I feel blessed in so many ways to have been given this opportunity to serve, but I also feel blessed because my mother was an immigrant to this country. She was brought by her mother at the age of 2 in 1911. As they came down the gangplank off the boat in Baltimore, my grandmother had my mom in her arms and my aunt and uncle by her side. Somehow, they made it from Baltimore, MD, to East Saint Louis, IL, to join my grandfather, who was an immigrant and who worked in the most basic immigrant jobs. My grandmother and grandfather never spoke much English--just enough to get by. My mom spoke Lithuanian and English, and I speak English only. It is kind of the story of America, I guess.

My mom didn't become a naturalized citizen until after she was married and had my two older brothers. I went to her later in her life, just a few months before she passed away, and said: Mom, I have never seen your naturalization certificate. Do you still have it?

She said: Sure.

She got up.

I said: No, you don't have to.

She said: No, I am going to go get it.

So she went in the other room, wasn't gone a minute, and came back with the naturalization certificate. Then a little piece of paper floated to the floor. I picked it up and I said: What is this?

She said: That is the receipt for the $2.50 filing fee that I paid when I became a naturalized citizen back in the 1930s.

My mom was tighter than the bark on a tree, and she was going to have proof if any government bureaucrat ever came around to challenge her if she ever paid her fee. She was also a proud American and proud of her three sons and family, and I am glad she got to see me sworn in to the U.S. Senate before she passed away.

I stand here today as a Senator in this great body and the proud son of an immigrant mother. If my mother and grandmother had entered this country illegally and my mother had been somehow denied an opportunity for citizenship, I don't know where I would be today. But I have tried to make a contribution to this country, and that is all these young people are asking for--a chance to make a contribution to this country.

Let's not get caught up in the emotional and angry rhetoric about immigrants and immigration, but let's give these young people a chance. Let's try to gather on a bipartisan basis to put enough votes on the board to give them a chance to serve our country in the military or to serve our Nation with their great talents. That is their dream, it should be our dream, and that is why we should pass the DREAM Act.

Mr. President, I yield the floor.

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