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DREAM Act Hearing in Senate

Although immigration reform remains a controversial topic in an increasingly volatile political environment, yesterday the Senate Judiciary Subcommittee on Immigration, Refugees, and Border Security held a hearing on the Development, Relief, and Education for Minors (DREAM) Act of 2011 (S 952). Several hundred “dreamers” attended and Secretary of the Department of Homeland Security, Janet Napolitano, and Secretary of the Department of Education were among the witnesses.  While this bill has been reintroduced in each congress since 2001, this is the first ever hearing the Senate has held on the issue.

The DREAM Act would grant citizenship to young individuals on the following basis:

  • The individual must have been continuously physically present in the US since at least 5 years prior to the date of enactment of this Act.
  • The individual was 15 years of age or younger on the date that they initially entered the US.
  • The individual has been a person of good moral character since their entry into the US and has not been convicted of a felony.
  • The individual has been admitted to an institution of higher education in the US or has committed 2 years to military service
  • The individual is 35 years of age or younger on the date of enactment of the Act.

Senators Durbin, Leahy, and Schumer have long been champions of the DREAM Act. Senator Durbin called it a “simple act of American justice” and expressed frustration at the fact that we allow foreigners into the US on visas to attend American universities and then send them back to their home countries to work for and develop businesses that compete against American companies, yet we have so far been unwilling to take steps to retain gifted and talented young people who intend to stay in the US and contribute to our own society and economy.

Those senators opposed to the bill expressed several concerns throughout the hearing:

  • It would allow individuals with misdemeanors, which in some states can include violent crime, to still be eligible for the DREAM Act

Response by Ret. Colonel Margaret Stock (currently an immigration lawyer): The Immigration and Nationality Act contains a definition for ‘good moral character’, which includes a lengthy list of offenses, including those that opposing senators are concerned about, which would render an individual ineligible. Also, including this statute in the bill prevents the ability of DHS to waive this requirement.

  • The cost of implementation is high and enactment of the bill would be harmful to the economy

Response by Secretary of DHS, Janet Napolitano: She believes that the Department currently has enough resources and finances to implement the bill with little or no effect on other programs. It would also allow Immigration and Customs Enforcement (ICE) to prioritize immigration goals and would free up strained resources.

Response by Secretary of Arne Duncan: a 2010 study from UCLA, estimated that the total number of students who would benefit from the DREAM Act could generate between $1.4 and $3.6 trillion dollars over their working lifetime, which would increase the revenue for the federal government generated by taxes.

  • The DREAM Act will encourage further undocumented immigration

Response by Secretary Duncan: The opportunities it would provide are not prospective or unlimited. Only young people who were already here for five years before the legislation is enacted into law would be eligible for lawful permanent resident status, and the period in which they could apply for adjustment under the DREAM Act is limited. Those who arrive after that time would not be eligible.

While immigration reform, particulary the DREAM Act, has seen considerable bipartisan support in the past there remains significant differences between what both sides are looking for in the bill. This is especially true in the House, which introduced a similar bill last month (HR 1842) and support is deeply divided along party lines.

Sustainable Communities Grant Announcement

US Transportation Secretary Ray LaHood today announced the availability of up to $175 million in livability grants to help urban, suburban and rural communities develop transit options to better connect people to where they live, work and play.  Local transit agencies will be able to compete for livability dollars from the pool of up to $175 million. The competitive grant program will begin accepting applications when announced in the Federal Register during the week of June 20.

Read more here.

Department of Education releases Fiscal Year 2011 Grants Forecast

The document lists virtually all programs and competitions under which the Department of Education has invited or expects to invite applications for new awards and provides actual or estimated deadline dates for the transmittal of applications under these programs. The lists are in the form of charts — organized according to the Department’s principal program offices — and include programs and competitions they have previously announced, as well as those they plan to announce at a later date.

Note: This document is advisory only and is not an official application notice of the Department of Education. The Department expects to provide updates to this document starting in the first week of November in a fiscal year and continuing through the following July.

Department of Education FY11 Grants Forecast

The Week in Review

Calendar:  The House is preparing to begin its Fourth of July holiday recess today and is slated to return July 5, while the Senate remains in session throughout next week before their scheduled recess during the week of July 4th.

Deficit Negotiations Stalled:  Attempts by Congress and the White House to broker a budget deal that would allow for raising the debt ceiling stalled Thursday as two key Republican negotiators walked away from the table, blaming the impasse on Democratic demands for tax increases.  Debt reduction talks now move up to the highest levels, between President Obama and House Speaker Boehner, as had been expected to occur eventually. In a press conference yesterday morning, Boehner said that to reach an agreement by the end of this month “the president is going to have to engage,” while also adding that “tax hikes are off the table.” Boehner also reiterated that House Republicans would not agree to raise the debt limit “without serious spending cuts and reforms to the way we spend the American people’s money.”

House Science Committee Examines NOAA’s Climate Service:  On Thursday this week, the House Committee on Science, Space, and Technology held a hearing to review the Administration’s FY12 budget request proposal to reorganize the National Oceanic and Atmospheric Administration (NOAA) to create a Climate Service. NOAA Administrator Jane Lubchenco was taken to task by the committee chair for her agency’s slow response to committee member’s questions over the past several months.  Read more at the House Science Committee web page.

Defense Appropriations Moves Forward:  On Thursday, the House began work on its FY12 Defense appropriations bill.  Numerous objections were raised by the White House regarding funding levels for various activities, citing insufficient funding for the Defense Advanced Research Projects Agency (DARPA) for high-priority science and technology programs, acquisitions of certain satellites and classified programs, and for the Air Force’s Rockey Systems Launch Program. Additionally, the White House objects to language in the bill that would limit the use of funds to transfer detainees held at the US Naval base in Guantanamo Bay. Floor debate on this bill will resume when the House returns from recess.

Patent Overhaul Approved in House:  The House passed a broad overhaul of the US patent system Thursday, after overcoming opposition to changes in provisions related to patent office fees. But the changes will make it harder for the House and Senate to agree on a final compromise on the legislation. The bill would reform how the US Patent and Trademark Office is funded and how it regulates inventions. Despite the ultimate 304-117 victory in the House, the bill has a dim future in the Senate where a handful of Senators have already expressed their opposition to the bill.

FY11 Funding for University Link:  The Federal Transit Administration has announced its FY11 New Starts and Small Starts funding.  The agency is doling out money to eight existing full funding grant agreements, four full funding grant agreement projects listed as pending, six projects recommended for future full funding grant agreements, and nine Small Starts recommended for funding.  Sound Transit’s University Link LRT Extension will receive $110,000,000 as expected.

Progress on Debt and FY12 Appropriations

FY12 Appropriations

Senate appropriators have been holding off on their FY12 bills, waiting for an agreement on overall discretionary spending to be reached through the ongoing bipartisan debt reduction talks. But because the end of the current fiscal year is just over three months away, they indicated yesterday that the Senate would move forward with their process despite not having a top-line discretionary number. The Senate Appropriations Committee will reveal their first FY12 spending bill next week. The first bill to be considered will be the Military Construction-VA bill. The House version of that bill passed the House on June 14, and the Senate subcommittee has indicated that they will follow the House’s lead and produce a similar bill.  The House bill boosts funding for VA programs and benefits, while reducing military construction spending because of a lower need for base-closing funds. Overall discretionary spending is reduced by just $615 million. The Senate subcommittee markup is tentatively scheduled for Tuesday, June 28th.

In addition to the Military-VA bill, the House has passed two other bills — Homeland Security and Agriculture. On Thursday, the House is set to begin debate on its FY12 Defense bill. Defense is the only House bill slated to get a spending boost over current levels, and might be a likely candidate for quick Senate consideration.

Debt Limit

The bipartisan debt reduction group being led by Vice President Biden meets again today, as leaders in both chambers yesterday said every effort should be made to reach a long-term deal and avoid a short-term increase in the debt limit as Senate Minority Leader McConnell (R-KY) suggested. McConnell believes that a short-term increase in the debt limit might be necessary if a major debt reduction deal involving entitlements cannot be reached before the August 2nd deadline for raising the debt limit.

Reaching a majority in the House for any increase in the debt limit will be a challenge, which may have factored into McConnell’s contingency planning for a short-term measure as a backup. A number of House GOP freshmen promised they would never vote to increase the debt limit, while many others, along with GOP conservatives, want fundamental changes to dramatically cut the size of government. Negotiators may know by the end of the week whether a deal is possible. Central to that effort is resolving questions regarding revenues and entitlements, with debate over entitlements focused on whether there should be fundamental changes to Medicare and Medicaid as proposed by House Republicans, or whether billions could be saved through various adjustments to the programs, such as raising Medicare co-payments or deductibles.