Introduction
The immigrant question in the United States of America still poses a fundamental challenge that government has to grapple with. Indeed, in response to the challenges, Congress has proposed a finely tuned and drafted bill that if approved and enacted into law would at least tackle the immigration concerns in relation to students studying in America having arrived in the land of opportunities at an age below sixteen years. The bill proposed by among others, Senator Durbin was introduced in the two houses in March 2009. It would allow granting of undocumented students legal status under two caveats, that is, the Conditional Resident Status and the Permanent Resident Status.
Criticism to current policy
As it stands today, the law is amorphous and unclear on the position of immigrants. While it is appreciated that the immigrant students do play a huge role in the economic, political and social development of the United States of America, it remains in doubt and uncertain how exactly these immigrants should be treated. The silence of the law has overtime facilitated the spread of illegal migration and the infiltration of state services by non-registered citizens. This bill is intended to address this mischief and gives a clear and favourable verdict on the case of the students.
Alternative proposals to address the issues
The problem of undocumented students from the reading of the bill would be addressed mainly through two ways. One, the offer for Conditional Residence Status and two, the offer for Permanent Resident Status. The latter would be granted for legal status on a temporary basis. This means the status would expire after the lapse of an agreed duration upon which the student needs to either renew the status or exit. On the other hand, the former entails granting of permanent legal status effectively making the student a citizen of America. These proposals apply with clear requirements that must be met prior to the granting of the status. In addition, in implementing these provisions, fidelity to the law and observation of the rule of law would be essential for the success. Any deviation from the rule of law would make the process flawed and expose it to influence and infiltration by unintended constituencies. Alternatively, another proposal could be roped in to make the process much more realistic and sustainable. This entails entering into agreements with the native countries of the students to the extent that the United States of America shall facilitate their (students) stay within the nation until they complete their studies then require them to report back to the natives. This way the immigrant problem would be settled with both nations benefiting. America benefiting for the policy would fall in consonance with its practise of academic assistance and aid to progressive and bright students and the native nations since they would gain intellectually from the trained students.
Rational policy analysis of the alternatives
The Permanent Resident Status has its own motives. It intends to retain the student in America. This would enable the student contribute to the labour and intellectual requirements of the nation. In addition, the rules and set of procedure laid out for qualification expressly brings out the spirit. For instance, of particular essence is the acquisition of a degree from an academic institution and the criminal records of the student in respect of good moral conduct, suggest that the intention is to capture and retain the best possible for America.
The Conditional Resident Status is equally informed and based on good motives. The requirements reveal the intention of the drafters to ensure American interests are considered even in serving the individual interests of the student. That is why perhaps provisions as to criminal character, good morals, admission into an academic institution and physical presence for the last five years are essential. Indeed, the tough requirement pose a challenge to mere jokers who would want to abuse the system for their own gains.
Finally, my proposal as to entering an agreement with native governments of the students would be procedurally implemented through the department of foreign affairs. This would facilitate coordinated and structured interactions between the two concerned nations so as to settle on the best approach for the student and the two parties involved.
Political Ramifications of the alternatives
The Permanent Resident Status has the political consequences of increasing the number of the citizenry. This implies a need to provide and budget the services and products for the consumption by a larger population. However, it also means the tax base of the tax collector is widened. This increases the revenues. All in all, it should be noted that the bill is bipartisan and would not likely divide the political class as none of the parties can claim to own the consequences individually due to the collective approach.
The Conditional Resident Status has the political consequence of containing the naysayers who do not believe in the granting of permanent legal status to non-Americans. It would fall in line with the typical American citizen philosophy for they take it that diversity and international cooperation should be encouraged but is keen not to dilute the national citizenry bases.
The agreement proposal has the most delicate political outcome. On the surface one would politically associate the process as a loss making activity. However, America needs to be happy that it would play its role in transforming society the world over and that it is not selfish with knowledge. That could as well accumulate some political capital for the implementers.
Proposal for policy change
It is, therefore, the paper’s submission that the act be adopted and enacted into law. That it should be embraced in attempts to address the problem of undocumented immigrant students. It is the paper’s contention that the provisions should be applied to the letter and the rule of law be upheld. The only guarantee that the program would be a success is to hedge it on the rule of law. The overriding objective is captured in the citation of the Act, that is, development, relief and education of the students. These noble objectives should be realised without obstruction in terms of theoretical or practical law.
Summary and Conclusion
The DREAM Act should be implemented in its entirety. It would suffice to clear the illegality in immigration even in the face of the need for more comprehensive legislation to tackle the question of illegal immigration. The requirements placed under various caveats such as the permanent or conditional resident status should be observed to the letter. At the end of the day, may justice be granted to all and every single transaction be governed through a faithful observation of the law.
References
Brunno, A. (2012). Unauthorised Alien Students: Issues and the "DREAM Act"legislation. Congressional Research Service, 1-29.
Johnson , F. (2012, August). DREAM Act Defferals could top 1.7 million. National Journal. Retrieved from http://www.nationaljournal.com/domesticpolicy/-dream-act-deferrals-could-top-1-7-million-20120807
Law Offices of Carl Shusterman. (2011, February 21). THE DREAM ACT. Retrieved March 13, 2013, from Law Offices of Carl Shusterman: http://shusterman.com/dreamact.html
Vara, V. (2011). California Governor Signs the DREAM Act. The Wall Street Journal. Retrieved from http://online.wsj.com/article/SB10001424052970203476804576619292756560716.html
Wall Street Journal. (2010). A Worthy Immigration Bill. Wall Street Journal. Retrieved from http://online.wsj.com/article/SB10001424052748703572404575635202343271966.html
White House. (2010). DREAM ACT: Good For Our Economy, Good For Our Security, Good For Our Nation. White House Fact Sheet, 1-6.
