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Dec 20 - Republicans Kill DREAM

Rating: 7 votes, 3.29 average.

-----------------IMMIGRATION DAILY FROM ILW.COM------------------

December 20, 2010,1217.shtm


1. Comment: Republicans Kill DREAM - The Senate voted 55 yeas to

41 nays to invoke cloture on DREAM. Since 60 votes, a super-

majority, is needed to invoke cloture, DREAM died by 5 votes. 3

Republicans - Lugar, Murkowski and Bennett crossed party lines to

support DREAM. On the other hand, 5 Democrats voted against DREAM

- Nelson of Nebraska, Pryor, Baucus, Tester, and Hagan. Mr.

Tester in particular, may find his NO vote was costly. Some

Democrats took a brave stance in voting for DREAM, Ms. McCaskill

deserves particular credit. Immigration has often drawn cross-

party support, and cross-party opposition. This was not in

evidence much in the DREAM vote, the party lines were quite

clear. 4 Senators missed the vote - Bunning and Gregg who are

retiring from Congress, Mr. Manchin who was at holiday parties

with family and Mr. Hatch who chickened out, even though he was

an original co-sponsor of DREAM. There are two clear consequences

of the DREAM vote, both pointing in the same direction, which we

explore below, together with one outlying condition which can

change that direction.

The first consequence of the DREAM vote is to clear the path for

the Obama adminstration to use executive-branch action to

effectuate immigration benefits. The Obama administration had

always argued for record-breaking immigration enforcement, partly

on the grounds that this would create the right atmosphere to get

Republican votes for immigration reform. Clearly, that strategy

did not work. However, since majorities of both chambers in

Congress have voted for DREAM, this does set the stage for the

Obama administration to proceed with a TPS-like status for the

DREAMers, something that would not need any Congressional support

at all, and which could be achieved through unilateral executive

branch action. Cyrus Mehta and Gary Endelman write about a number

of executive branch options, see below.

The second consequence of the near-party-line DREAM vote, when

combined with the November election (when Rubio in Florida,

Martinez in New Mexico and Sandoval in Nevada won those states

for the GOP), points to a future where the path to success within

the GOP in some states requires a Spanish last name. The chances

for non-Latino conservative GOP leaders to win in states like

California, Nevada, Florida are not good. In a sense, equal

opportunity has come to the GOP party leadership, a distinctly

unintended consequence of the GOP's recent anti-immigration


However, the above two scenarios do not have to happen, it is to

an extent, in the hands of the incoming House GOP majority. The

party-based DREAM vote is very much a danger for the GOP, both

long term and short term - because what is long term for Iowa or

Ohio is short term for California or Florida. If the incoming GOP

House were to pass large-scale employment-based immigration

benefits, the GOP would dodge the anti-immigrant label that

promises to do the GOP election damage in some states, just as it

promises election benefits in others. However, should the

incoming GOP House decide to pursue anti-immigrant legislation,

they would achieve two things: (i) push the Democratic party to

seek immigration benefits through unilateral, executive-branch

action and (ii) destroy the prospects of up-and-coming non-Latino

conservative leaders within their ranks in some of the countryâEUR(TM)s

most populous states. We will soon see how the new GOP wants to

tackle immigration.

2. Article: Keeping Hope Alive: President Obama Can Use His

Executive Power Until Congress Passes The Dream Act by Cyrus D.


3. Article: Fox News Accuses Actress Penelope Cruz Of Having An

"Anchor Baby" by Greg Siskind,1220-siskind.shtm

4. Article: Immigration DREAMers And The Way Forward: An Open


To President Obama by Angelo Paparelli,1220-paparelli.shtm

5. Article: H-1B Petitioners Beware! New Affirmation Requirement

Regarding Release Of Controlled Technology Or Technical Data To

Foreign Nationals by Anthony F. Siliato and Scott R. Malyk,1220-siliato.shtm

6. Article: Immigration Legislation: Outlook For 2011-2012 by

Carl Shusterman,1220-shusterman.shtm

7. News: DHS Publishes Final Rule On CNMI Investor Program,1220-cnmi.shtm

8. News: USCIS Announces Publication Of Final Rule For CNMI

Investor Program,1220-usciscnmi.shtm

9. News: USCIS Temporarily Suspends E-Filing Of Forms I-129 and


10. Focus: Global Migration

Tuesday, December 21 is the deadline to sign up for the Thursday,

December 23 phone session of "Consular Processing For Experts"

with Shanni Alexandrovitz, Stephen Pattison, Sal Savatteri and

others. The curriculum is as follows:

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+++ Trends in the Field-Including Special Focus on Changes in UK

Immigration Guidance

+++ Business Visitors vs Skilled Workers

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information, please see: Online: Fax form: Don't delay, sign up


11. Headline: Napolitano: Murdered agent was on a team pursuing a

gang of bandits when he was killed in gunbattle

12. Headline: America always finds a way to solve its problems.

It is not easy but it is the American way- Ted Kennedy after '07


13. Headline: DREAM Act dies in Senate: GOP & dems who stood

against immigrant communities will be held accountable at the


14. Headline: The Dream Dies: Senate Rejects Immigration Bill

15. Headline: RT @MicEvHill: The absent senators for the DREAM

Act cloture vote were Bunning (R-KY),Gregg (R-NH),Hatch (R-UT),

and Manchin (D-WV).

16. Headline: Urge your senator to support the DREAM Act. Send a

fax now!

17. Headline: Servers of @numbersusa r failing, that means they r

blasting Congress w/ emails & faxes. DREAM activists, start

emailing & faxing your reps!

18. Headline: Antis monitoring DREAMers on Twitter n using

DREAMers' ideas:

19. Headline: Antis gearing up to shut down Senate switchboard,

they fear that DREAMers will take credit!

20. Headline: Antis dominate on faxes, evenly matched on phones,

DREAMers dominate Twitter. So reach Senators on their Twitter


21. Headline: Don't be left out: Get listed! Sign up for ILW.COM

Attorney Yellow Pages at

22. Headline: Judge: Immigration agents not immune to legal

action for New Haven raid

23. Headline: Antis report Hagan office is asking for zips, color

of state flag, and name of county.

24. Headline: Markos Moulitsas of DailyKos: DREAM Act whip count

25. Headline: Nurse Immigration Book: your guide 4 preparing a

case, understanding the nursing crisis & recruiting nurses. Get

ur copy

26. Headline: "Don't Ask, Don't Tell," DREAM Act, Head to Senate

for Votes This Weekend

To submit an Article or a news item to Immigration Daily, write

to Follow ILW.COM on Twitter:



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1. ReadersWrite: Yesterday's Discussion

2. ReadersWrite: Today's Discussion

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ComingsNGoings: New Appointment

The Executive Office For Immigration Review swears in nine

immigration judges. Attorney General Eric Holder appointed

Guadalupe R. Gonzalez, Amiena Khan, Steven A. Morley, David

Neumeister, Lee A. O'Connor, Virginia PerezGuzman, Aviva L.

Poczter and Rachel A. Ruane and Andrea Sloan.

Readers can share professional announcements (up to 100-words at

no charge), email:


The first daily in the field of immigration. Forward this to a


Publisher: Sam Udani Legal Editor: Michele Kim ISSN:1930-062X

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  1. Roger Algase's Avatar
    Cyrus D Mehta and Angelo Paparelli have both written eloquent and convincing articles in today's ID about why President Obama should use his executive power to accomplish the same purpose as the defeated Dream Act would have done. But the issue is not whether the president has executive power. We know that he does. The question is whether he will have the guts to use it.

    Unfortunately, we know the answer to that too. The president had the authority to allow openly gay soldiers to serve in the military, despite the just repealed "Don't Ask Don't Tell" policy. He did not use this power, even though he is the Commander in Chief.

    The Department of Homeland Security also has the discretion under the law to choose not to deport record numbers of immigrants in order to meet an artificial quota. It has not exercised that discretion. Obama did not use his powers to help immigrants in either case because, from the moment he took office. he has been scared to take on the Republicans in reality, rather than just oratorically.

    Now, in the wake of the Democrats defeat last month, in large part because many betrayed Latino voters stayed home or went Republican, Obama seems convinced that his only hope of re-election is in making deals with the Republicans and then taking credit for them. He may be right. Look at the tax cut extension deal.

    Does anyone seriously think that this president has the courage to stand up to the Republicans and do the right thing for students or any other immigrants who need relief from the executive branch? That is not, unfortunately, what Obama is made of. With his combination of a strong mouth and weak, if not almost invisible, backbone, there are not enough buses in America to make room for all the immigrants whom President Obama will continue to throw under them.
  2. Roger Algase's Avatar
    There is one correction in my previous comment. I should have written "Obama did not use his power to help gays or immigrants", not "Obama did not use his power to help immigrants", (in the third from the last paragraph).
  3. Roger Algase's Avatar
    I should also have ended the last sentence of my previous comment by saying: "there are not enough buses in America to make room for all the immigrants whom President Obama will most likely continue to throw under them, if his past behavior is any guide."
  4.  Jim Roberts's Avatar
    Dream On !
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