Susie
09-23-2007, 04:01 AM
http://www.charlotteconservative.com/index.php/2007/09/dream-act-loopholes/
DREAM ACT Loopholes
Author: Michael Kraft
Published: September 20, 2007
Well, a close look at the DREAM act that is only to help a “few kids go to college” shows us dozens of back doors that immigration lawyers must be licking their chops over.
The DREAM ACT leaves some wide open doors to let this amnesty run rampant into the millions of illegals eager to cash in on free citizenship benefits.
And keep in mind that I am not a legal expert, but even a layman found all these obvious amnesty loopholes in just a reading of the proposed “alien education bill”.
The disgraceful part of the ACT is Democrats attaching it to the defense budget for our soldiers. Right from the start it is clear they are trying to hide this amnesty from Americans.
The official documents (Page: S11762) actually say
“At the end, add the following:
TITLE XXXIII–DREAM ACT OF 2007″
Some nice loopholes and deception is highlighted here:
--------------------------------------------------------------------------------
SEC 3303
(D) the alien, at the time of application, has been admitted to an institution of higher education in the United States, or has earned a high school diploma or obtained a general education development certificate in the United States;
--------------------------------------------------------------------------------
Illegal aliens do not need to be admitted to a college or have a diploma; they need only pass a single GED exam to qualify under the DREAM ACT.
And conveniently the GED testing in California only requires you be 18 years old and have “Identification cards issued by U.S. or foreign governments.”
I guess that Matricula Consular Card will come in handy yet again, you know, the one that isn’t even accepted in Mexico.
ENTER NEXT LIE:
But the DREAM ACT will help in the war because illegals can join the army to get amnesty!
LIE.
If this was the goal of the DREAM ACT then it would not specify:
“2 years of uniformed services” as per US CODE 10 section 101.
If this was about the military they could have said “armed services” as per US CODE 10, which is subtle but different.
During a time of war the definition of “Uniformed services” actually is even more widespread to include all offices overseen by the President. I guess it becomes relevent now at this time of war.
“The armed forces are the Army, Navy, Air Force, Marine Corps, and Coast Guard. [10 U.S.C. 101(a)(4)] The uniformed services are the armed forces plus the commissioned corps of the National Oceanic and Atmospheric Administration (NOAA) and the commissioned corps of the PHS. [10 U.S.C. 101(a)(5)]” form here.
Public Health and Oceanic workers also qualify.
Now ask yourself, at a time of war, how many illegals do you expect to join the marines as opposed to just filing hardship or going to a community college basket weaving course?
Do you expect there to be a rush of people at the Marine Recruiter or the GED testing center?
But all this isn’t important, since neither place will have a line outside it.
The truth is that none of these requirements need to be met to stay around for many many years under this “conditional amnesty” that would start immediately.
More from SEC. 3303 of the DREAM ACT
--------------------------------------------------------------------------------
“the alien has been physically present in the United States for a continuous period of not less than 5 years;”
But, below that we see this loophole which says they can go back to their country for up to 3 months and still are eligible.
“An alien shall be considered to have failed to maintain continuous physical presence in the United States under subsection (a) if the alien has departed from the United States for any period in excess of 90 days.”
--------------------------------------------------------------------------------
It is important to keep in mind that crossing back and forth on our border with Mexico really has no records.
If an illegal returns to Mexico, for instance, for 7 months and says it was 3 month how can this possibly be proven?
It can’t, and this means this law is useless and wide open to anyone that has been here even sporadically.
I am confident that immigration lawyers and Democrats have already banked on this glaring loophole.
Ready for the grandaddy of all loopholes?
--------------------------------------------------------------------------------
SEC: 3304 (2) HARDSHIP EXCEPTION.–
(A) IN GENERAL.–The Secretary of Homeland Security may, in the Secretary’s discretion, remove the conditional status of an alien if the alien–
(ii) demonstrates compelling circumstances for the inability to complete the requirements described in paragraph (1)(D); and
(iii) demonstrates that the alien’s removal from the United States would result in exceptional and extremely unusual hardship to the alien or the alien’s spouse, parent, or child who is a citizen or a lawful permanent resident of the United States.”
--------------------------------------------------------------------------------
So anyone that violates the DREAM ACT, doesn’t do what they were required to in order to receive citizenship can still get it.
The DREAM ACT has a loophole to provide amnesty to those who can’t get the amnesty!
Section (ii) states that any compelling reason why you couldn’t go to college or the service during your 6 years of legal status is grounds for continued amnesty.
One example might be a female “would be student” that is pregnant during much of that time or caring for small children would have a “compelling circumstances” why they should get continued amnesty. A death in the family may have kept someone from earning citizenship or perhaps they have ADD?
Think of all the “compelling circumstances” stories that will be coming our way as immigration lawyers try to find more holes in this hidden amnesty bill.
Part (iii) says that if the illegal alien under the DREAM ACT breaks the rules by not going to college or getting convicted or a crime then they need only prove that it would be hard on a spouse, parent or anchor baby child. They could then retain their legal status and path to citizenship.
What this does is provide incentive for anchor babies as they are the guarantee that you can stay legal even if you break the rules of the DREAM ACT.
Anyone with a GED and an anchor baby will be on the 6 year path to citizenship. The DREAM ACT would guarantee millions of illegal immigrants and their children would be voting in 2016.
DREAM ACT Loopholes
Author: Michael Kraft
Published: September 20, 2007
Well, a close look at the DREAM act that is only to help a “few kids go to college” shows us dozens of back doors that immigration lawyers must be licking their chops over.
The DREAM ACT leaves some wide open doors to let this amnesty run rampant into the millions of illegals eager to cash in on free citizenship benefits.
And keep in mind that I am not a legal expert, but even a layman found all these obvious amnesty loopholes in just a reading of the proposed “alien education bill”.
The disgraceful part of the ACT is Democrats attaching it to the defense budget for our soldiers. Right from the start it is clear they are trying to hide this amnesty from Americans.
The official documents (Page: S11762) actually say
“At the end, add the following:
TITLE XXXIII–DREAM ACT OF 2007″
Some nice loopholes and deception is highlighted here:
--------------------------------------------------------------------------------
SEC 3303
(D) the alien, at the time of application, has been admitted to an institution of higher education in the United States, or has earned a high school diploma or obtained a general education development certificate in the United States;
--------------------------------------------------------------------------------
Illegal aliens do not need to be admitted to a college or have a diploma; they need only pass a single GED exam to qualify under the DREAM ACT.
And conveniently the GED testing in California only requires you be 18 years old and have “Identification cards issued by U.S. or foreign governments.”
I guess that Matricula Consular Card will come in handy yet again, you know, the one that isn’t even accepted in Mexico.
ENTER NEXT LIE:
But the DREAM ACT will help in the war because illegals can join the army to get amnesty!
LIE.
If this was the goal of the DREAM ACT then it would not specify:
“2 years of uniformed services” as per US CODE 10 section 101.
If this was about the military they could have said “armed services” as per US CODE 10, which is subtle but different.
During a time of war the definition of “Uniformed services” actually is even more widespread to include all offices overseen by the President. I guess it becomes relevent now at this time of war.
“The armed forces are the Army, Navy, Air Force, Marine Corps, and Coast Guard. [10 U.S.C. 101(a)(4)] The uniformed services are the armed forces plus the commissioned corps of the National Oceanic and Atmospheric Administration (NOAA) and the commissioned corps of the PHS. [10 U.S.C. 101(a)(5)]” form here.
Public Health and Oceanic workers also qualify.
Now ask yourself, at a time of war, how many illegals do you expect to join the marines as opposed to just filing hardship or going to a community college basket weaving course?
Do you expect there to be a rush of people at the Marine Recruiter or the GED testing center?
But all this isn’t important, since neither place will have a line outside it.
The truth is that none of these requirements need to be met to stay around for many many years under this “conditional amnesty” that would start immediately.
More from SEC. 3303 of the DREAM ACT
--------------------------------------------------------------------------------
“the alien has been physically present in the United States for a continuous period of not less than 5 years;”
But, below that we see this loophole which says they can go back to their country for up to 3 months and still are eligible.
“An alien shall be considered to have failed to maintain continuous physical presence in the United States under subsection (a) if the alien has departed from the United States for any period in excess of 90 days.”
--------------------------------------------------------------------------------
It is important to keep in mind that crossing back and forth on our border with Mexico really has no records.
If an illegal returns to Mexico, for instance, for 7 months and says it was 3 month how can this possibly be proven?
It can’t, and this means this law is useless and wide open to anyone that has been here even sporadically.
I am confident that immigration lawyers and Democrats have already banked on this glaring loophole.
Ready for the grandaddy of all loopholes?
--------------------------------------------------------------------------------
SEC: 3304 (2) HARDSHIP EXCEPTION.–
(A) IN GENERAL.–The Secretary of Homeland Security may, in the Secretary’s discretion, remove the conditional status of an alien if the alien–
(ii) demonstrates compelling circumstances for the inability to complete the requirements described in paragraph (1)(D); and
(iii) demonstrates that the alien’s removal from the United States would result in exceptional and extremely unusual hardship to the alien or the alien’s spouse, parent, or child who is a citizen or a lawful permanent resident of the United States.”
--------------------------------------------------------------------------------
So anyone that violates the DREAM ACT, doesn’t do what they were required to in order to receive citizenship can still get it.
The DREAM ACT has a loophole to provide amnesty to those who can’t get the amnesty!
Section (ii) states that any compelling reason why you couldn’t go to college or the service during your 6 years of legal status is grounds for continued amnesty.
One example might be a female “would be student” that is pregnant during much of that time or caring for small children would have a “compelling circumstances” why they should get continued amnesty. A death in the family may have kept someone from earning citizenship or perhaps they have ADD?
Think of all the “compelling circumstances” stories that will be coming our way as immigration lawyers try to find more holes in this hidden amnesty bill.
Part (iii) says that if the illegal alien under the DREAM ACT breaks the rules by not going to college or getting convicted or a crime then they need only prove that it would be hard on a spouse, parent or anchor baby child. They could then retain their legal status and path to citizenship.
What this does is provide incentive for anchor babies as they are the guarantee that you can stay legal even if you break the rules of the DREAM ACT.
Anyone with a GED and an anchor baby will be on the 6 year path to citizenship. The DREAM ACT would guarantee millions of illegal immigrants and their children would be voting in 2016.