Lame Duck Dreaming: Congress Revisits DREAM Act

This election cycle’s lame duck period has the potential to produce a significant legislative change for immigrants in the United States. Senate Majority Leader Harry Reid and House Democrat Leader Nancy Pelosi revealed this weak that they would call for a vote on the Development, Relief, and Education for Alien Minors (DREAM) Act before the end of November. President Barack Obama has thrown in his support, hoping “that with the election season’s pressures past, congressional Republicans would work with their Democratic colleagues not only to strengthen security at the nation’s borders, but also to restore responsibility and accountability to what everyone agrees is a broken immigration system.” Many times pitched but never passed, the DREAM Act would create a path to citizenship through college education or military service for undocumented immigrants who entered the country before turning 17.

The president set immigration advocates abuzz when he met with Senator Robert Menendez (D-NJ) and Representatives Luiz Gutierrez (D-IL) and Nydia Velazquez (D-NJ) on November 17 to discuss the DREAM Act and strategies to rebuild bipartisan support for the measure in both houses. In a press release after the meeting, Gutierrez said that comprehensive immigration reform is unlikely until after the next election cycle at the earliest, so he sees the much more modest changes proposed by the DREAM Act as a “down payment” for future immigration reform.

The rush of activity this week is related to the tight timeline that DREAM Act proponents face if they want to take advantage of Democrats’ fleeting control of Congress. On January 3 Republicans will take the reins of the House of Representatives with 241 seats, and will have a strong minority in the Senate, where they’ll hold 47 of 100 seats. In the remaining six weeks of the lame duck session, Congress will need to address pressing legislation on Bush-era tax cuts that will expire this year, as well as a stalled military spending bill. What’s more, movement in the House is unlikely unless support materializes in the Senate first, said a White House source. This means that courting Republicans in the Senate will be a priority; Dems will have to capture at least six or seven Republicans to reach the 60 votes needed for passing the act. As it stands, at least two Republican senators who supported the bill in 2007 will be leaving office and are likely candidates to support it this time around.

Senator Reid, who launched a failed attempt for a vote on the DREAM Act before the midterm elections, argues that “If there is a bipartisan bill that makes sense for our country economically, from a national security perspective and one that reflects American values, it is the DREAM Act.” Critics contend that the bill is an amnesty for illegal immigrants that will create incentives for them to cross the border illegally and be a drain on education resources. But the measure’s supporters say that the act’s approval will bring nationwide rewards: “An advanced education or military career can lead to higher occupations, better pay, and greater contributions to our economy.” Either way, some observers are skeptical about the bill’s passage. “The situation in the Senate… remains an uphill battle,” argues a ProPublica article. It is unclear whether Pelosi, Reid, Obama, and DREAM Act supporters will generate the pressure needed to make this seventh-round attempt a success.

Learn More:

• AS/COA Online coverage of the March, 2009 push for the DREAM Act.
• White House release after Obama’s meeting with Latino Congressional leaders November 17.
• Text of the Development, Relief, and Education for Alien Minors Act in the Senate.
• RealClearPolitics breakdown of midterm election results.
• ProPublica offers a list of Senators whose positions on the Act are uncertain.