National Defense Authorization Act For Fiscal Year 2011- Motion to Proceed--Continued

Floor Speech

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Mr. DURBIN. Mr. President, for those who have been following this vote, this was an attempt to proceed to the Defense authorization bill. It is one of the most important bills we consider during the course of a year. Senator Levin of Michigan is chairman of the Armed Services Committee, and he was prepared to bring that bill to the floor.

There was an attempt made by the majority leader, Senator Reid, to allow three amendments to be considered--three amendments which would be considered before other amendments on the bill. One of the amendments related to the don't ask, don't tell policy. There is a provision already in the bill which allows--after review by the Joint Chiefs of Staff, the President, and the Department of Defense--the possibility of removing that provision from our law. That was one of the amendments. The second amendment related to Senate procedure on secret holds. But the third amendment--and the one I rise to speak to--is the one which became the focal point of this last vote. That amendment related to a measure known as the DREAM Act.

Almost 10 years ago, I introduced this bill called the DREAM Act. The reason I introduced it was because I felt there was a serious injustice and unfairness going on in America. We have within our borders thousands of young people who were brought to the United States by their parents at an early age. I don't know what it was like in their homes, but there weren't many democratic votes when I was 5 years old as to where we were going for vacation. I went where I was told, and these children followed their parents to America. They came here and became part of America. We made certain they had an opportunity for an education and health care. We made certain they had an environment where they could grow up in this country, and for many of them, it was the only home they ever knew. But because they came to this country with undocumented parents, they were not legal. They were not documented. They couldn't be citizens.

That, to me, is a serious injustice. We do not, in this country, hold the crimes and misdeeds of parents against their children. What I have tried to do with the DREAM Act is to give these young people a chance--a chance to earn their way to legal status and become part of the only country they have ever known. The DREAM Act isn't easy. The DREAM Act says if you came here as a child, if you were raised in the United States, are of good moral character, with no criminal record, and you have graduated from high school, then we give you 6 years. In that 6-year period of time, you have a chance to do one of two things to become legal: No. 1, serve the United States of America in the military; and No. 2, complete 2 years of a college education. Then we will give you a chance to come off temporary status and become legal in America. But you have to earn your way all the way through, subject to review, examination, and all the requirements that should be there before someone gets this chance of a lifetime.

Well, the Republican minority leader came to the floor before this vote and he offered a unanimous consent request--which Senator Reid objected to--and here is what it said. Of all the amendments you can consider on the Defense authorization bill, you cannot consider any amendment that relates to immigration.

I know what that was about. The Senate knew what that was about. It was an attempt by the Republican side of the aisle to make certain the DREAM Act could never be called on the Defense authorization bill. They have made an empty argument on that side that this DREAM Act has nothing to do with the defense of the United States. It is an empty argument.

Mr. REID. Would my friend yield for a question?

Mr. DURBIN. I would be happy to yield.

Mr. REID. I ask my friend, through the Chair, is it not also true that under the terms of the DREAM Act, no one becomes a legal citizen, that they get a green card?

Mr. DURBIN. They reach legal status. They have to make application to go beyond it. In this situation, young people, undocumented in the United States, who want to voluntarily serve in our military, cannot do so. They are willing to risk their lives for America. Yet we say no.

The Secretary of Defense knows that is wrong. This morning, in a conversation I had with him in my office over the telephone, he reiterated what he had said to me before: These are the kind of young people we need in America's military--high school graduates from cultural traditions that respect the military; people who are going to make more diversity in our ranks. That is what we need. He knows, from a national defense perspective, these will be good recruits for our military and will distinguish themselves serving our country and coming up through the ranks.

That is what the DREAM Act offered to the Defense authorization bill. The Republican leadership and every Republican Senator said no.

Mr. REID. Will my friend yield for a question?

Mr. DURBIN. I would be happy to yield.

Mr. REID. I ask, through the Chair, are you telling the American people that the Secretary of Defense--a man chosen by the President of the United States, not only by this President but the last President--is in favor of our passing the DREAM Act? Is that what the Senator from Illinois is saying?

Mr. DURBIN. I would say to the Senator from Nevada exactly that. The Defense Department's fiscal year 2010-2012 strategic plan for the defense of America specifically includes the DREAM Act as a means of meeting the strategic goal of shaping and maintaining a mission-ready, all-volunteer force.

In 2007, the Deputy Under Secretary of Defense at that time said the DREAM Act is very appealing because it would apply to the cream of the crop of students and be good for readiness. Over and over again, the Department of Defense has told us this is an opportunity for young people to serve your Nation, for America to be a safer place.

I wish to relate to my friend, the Senator from Nevada, a story I told him earlier. This young man came this morning to the U.S. Capitol from the city of New York. I say to the Presiding Officer, he lives in Brooklyn. His name is Cesar Vargas. Cesar Vargas came to the United States at the age of 5, brought here by his mom and dad from Mexico. He graduated from the regular public schools of New York and then went on to graduate from college. It was more difficult for him because he is undocumented. So he couldn't get any Federal aid to education--no Pell grants, no Federal student loans. But he made it and he graduated. He said to us this morning that after 9/11, because of his deep commitment to America, he tried to enlist in the Marine Corps. He said: I wanted to defend this country after we had been attacked by terrorists. He not only tried the Marine Corps, but he tried other branches as well and repeatedly he was turned down because Cesar Vargas is undocumented.

But his dream has not died. Now he is a third-year student at the City University of New York Law School. He speaks four languages. He said he is studying a fifth--Cantonese. He is an exceptionally gifted young man. Do you know what his ambition is? Once again, to join the Marine Corps--to be in the Judge Advocate General Corps to serve America, a country he dearly loves.

Because of this Republican decision--a procedural decision that says we can't consider the DREAM Act--we will not have a chance to vote on this important measure which would give Cesar Vargas and those like him a chance to volunteer to serve America. I would say to my friends and colleagues on both sides of the aisle, where is the justice in this decision? At least have the courage to let us bring this matter to the floor and stand and vote no. But to hide behind this procedural ruse--this unanimous consent request--is totally unfair. It is inconsistent with the spirit and the history of this Chamber, where we deliberate and debate and vote. But they ran and they hid behind this procedural decision.

Mr. REID. If the Senator will yield for a brief question.

Mr. DURBIN. I will be happy to yield for a quick question.

Mr. REID. I want everyone within the sound of my voice to understand how much I appreciate--and the thousands and thousands of other people who appreciate--Senator Durbin's advocacy of this issue. I also want everyone else within the sound of my voice to know we are going to vote on the DREAM Act. It is just a question of time. This is so fair. That is all it is about, fairness--basic fairness.

I have to say to my friend from Illinois that I feel so bad. I have a stack of letters in my office that are the most heart-wrenching stories about these dreamers. They are dreamers. But I want them to understand this isn't the end of this. We are going to continue to move on it. We know we have been blocked procedurally, but this is the first time we have had our colleagues on the other side of the aisle stand and defy basic fairness on the DREAM Act. They have gone around telling people: Yes, we like it. We like it. But here was their chance. All we wanted to do was bring it to the floor, and they wouldn't even let us do that. They didn't have the courage to allow us to have a vote on this.

So I want my friend to know how deeply appreciative I am--and speaking for thousands and thousands of other people--for what he has done on this issue.

Mr. DURBIN. I thank the Senator from Nevada, the majority leader, and I will tell him and those following this debate--some who are in the Chamber, in the galleries, who I am sure are disappointed, if not heartbroken at this point. I mentioned Cesar Vargas, who is here, but Gaby Pacheco, and so many others who have worked so hard for this chance, for this day, and my promise to them is this: As long as I can stand behind this desk and grab this microphone and use my power as a Senator, I will be pushing for this DREAM Act. It is my highest priority. It is a matter of simple American justice, and I would hope the 11 Republicans who joined us last time will stop cowering in the shadows and come forward and join us in a bipartisan effort and not stop us procedurally from even debating and deliberating this critical issue.

For those who are so sad today, take heart. Tomorrow is another day, and we will be there to fight for you, and many others will join us. Don't give up your dream to be part of this great Nation.

I yield the floor.

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Mr. LEVIN. Madam President, I know the Senator from Hawaii has to leave, but before he goes I just wish every American could have heard from a hero not of this body, of this Nation but of the world. Senator Inouye did more than swim against the tide in order to put on the uniform of his country. He had to fight his way into the Army. He then became a Medal of Honor winner. The highest honor--the Medal of Valor--that can be granted was awarded to Senator Inouye.

He gave up more than just a few years of his life; he gave up part of his body for this country.

His eloquence and his passion for proper treatment of people who want to put on the uniform of this Nation is extraordinarily powerful. I only wish every American could have heard it. I thank him for that service and for that statement.

I also want to add a thank-you to the Senator from Illinois. I want to reinforce something he said by asking him a question. It had to do with that unanimous consent request to which he referred. The way this request was worded, even if--well, let me back up.

We have heard for 2 days objections from Republicans that there would be nonrelevant amendments that would be offered--which, of course, is permitted under our rules. As a matter of fact, the Senator from Arizona has on a number of occasions on this bill offered nonrelevant amendments. But even if that DREAM Act amendment of yours were modified so that it only related to young men and women who wanted to go into the Army to serve their country and the educational part of it, as important as it is, if that were left out--even if the amendment were designed so that it could be referred to the Armed Services Committee because it would be defense related, even if you could design an amendment like that, under this unanimous consent agreement no amendment related to immigration would be in order during those first amendments.

Is that not singling out immigration, saying, despite all of the protestations we heard here about wanting to make sure amendments were relevant--despite the history that is not required under the rule but that is the protestations we heard over the last few days, we want relevant amendments and the DREAM Act isn't relevant--under this unanimous consent request, even if the DREAM Act were modified so it might be within the jurisdiction of the Armed Services Committee because it would be focused on service in the Armed Forces, under this request no amendment relating to immigration would be in order; is that correct?

Mr. DURBIN. I reply to the Senator from Michigan through the Chair and thank him for this question. Just as the door was closed on Dan Inouye of Hawaii when, as a Japanese American from Hawaii, he wanted to serve his country, the unanimous consent request from the Republican leader closed the door on anyone who wished to serve this country if it involved the issue of immigration. It had one intent: stop the DREAM Act, stop these young people from being given a chance to serve their nation. That is clearly the intent. Unfortunately, the partisan rollcall that followed is evidence that was the strategy.

Just as Dan Inouye prevailed and persisted and not only served his country admirably but with the highest level of valor, I am convinced that many of the young people who leave heartbroken today by this vote will get their chance someday, just as the Senator did, and they will serve this country with distinction and they will serve this Nation as the Senator has led us in the Senate.

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