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Why I Support the Texas DREAM Act
WingRight.org ^ | 8-8-11 | Beverly Nuckols, MD (hocndoc)

Posted on 08/11/2011 6:42:41 AM PDT by hocndoc

I was the first in my family to graduate from college, much less to go to Medical school. I believe I was blessed by attending Texas elementary and high school, Tyler junior college, UT at Tyler, and then Med school and residency in San Antonio, Texas. I'm grateful, knowing that a “non-traditional student” (an older woman with a family) couldn't have done that in any place but the USA and Texas. No one took my place or squeezed my kids out of a good education, even though we live in a small city where more than 50% of the surnames are of Spanish origin and we know that we have kids of illegal aliens in our schools.

Our law in Texas, (unofficially called The Texas DREAM Act after the failed Federal Development, Relief and Education for Alien Minors), allows a young adult — who was brought here as a minor through no fault of his own – to be counted as a resident only for calculating tuition rates in our State-supported colleges. The Federal residency or citizenship requirements do not change for someone going to college under this provision. Young people who finish at least 3 years of high school, get their diploma from a Texas high school, have lived in Texas the 12 months before applying, and who get admitted to a Texas college, pay in-state tuition. In contrast to what we often hear, the law doesn’t discriminate against legal aliens from other states: rather than 3 years of residency, they only have to live in Texas for one year to establish residency and it doesn’t matter where they went to high school.

In order to continue to qualify for in-State tuition rates, he must pass his classes, take a full or near-full load and promise to formally apply for legal residency status as soon as Federal law allows.

The “Texas DREAM Act” is the law in our state and was passed with veto-proof numbers by the Texas Legislature over 10 years ago, in 2001. HB 1403 passed in the Senate with 29 “yeas,”no "Nays." It received 130 votes in favor in the House. The text of the Bill is, here. The Texas Legislature has never repealed the DREAM Act, although it was revised and made stricter in 2005 with SB 1528. That Bill also appeared veto-proof, with 31 votes in the Senate, and a non-recorded vote in the House. This year, the sole attempt by Senator Birdwell to increase tuition for undocumented students failed to make it out of the 82nd Legislature’s Senate, even when he tried to tie an amendment onto the larger Education Bill.

On most immigration subjects, I’m probably to the right of many people. I would insist that adults who cross the border illegally must go back to their country of origin before beginning any path to citizenship or residency. They should start the process on the other side of the border -- *especially* if they have an anchor baby as proof that they have already broken our laws. No ifs, ands, or buts about it.

In fact, I'm all for identifying adults who came here illegally, breaking our laws and for deporting the whole family until they can get in line and come here legally. Otherwise, we are encouraging people to break the law over and over. They go “underground” and are vulnerable. As a consequence, young people often graduate from our high schools truly “undocumented” in either country.

However, Federal law interferes with any attempt by the State to stop the problem where it begins. The Feds won't deport people. They won't allow us to identify those illegal adults with kids in our schools and deport them. Federal Courts have ruled that we must bend over backwards to prevent any appearance of scrutiny that might "chill" the educational prospects of any child, from preschool to high school graduation. In spite of all these limits on what the States can do, there’s no Federal attempt at a legal provision for identifying their country of origin.

So, until we can get the federal law changed to better control and deport known adult illegal aliens, do we Texans encourage their identification as (grateful) United States Americans and Texans or do we make them men and women without a country?


TOPICS: Education; Government; Politics; Society
KEYWORDS: aliens; amnestyisgood; dream; dreamact; perry; rickperry; rinorick; texas
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To: hocndoc

our little moveon tactics aren’t impressive, boy.

Attempts to control the message are irritating and won’t help your RINO a bit.


21 posted on 08/11/2011 7:20:02 AM PDT by cripplecreek (Remember the River Raisin)
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To: hocndoc

Last I knew, like it or not, the IIRIRA was still on the books. Federal law trumps state law. The Dream Act is in violation of the IIRIRA.


22 posted on 08/11/2011 7:20:23 AM PDT by mewzilla (Forget a third party. We need a second one.)
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To: Chandalier

Thank you for the bump!


23 posted on 08/11/2011 7:20:42 AM PDT by hocndoc (http://WingRight.org)(I've got a mustard seed and I'm not afraid to use it.)(RIAing))
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To: mewzilla
Interesting info, but it doesn’t answer my question :)

Go to Obama with your question.

24 posted on 08/11/2011 7:21:13 AM PDT by Cincinatus' Wife
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To: mewzilla

Hispandeering is not the anwser. They must step up and join the American family through values and principles, starting with the Rule of Law.This act set a national trend and now CHECK OUT WHAT THE PEOPLE OF MD. HAD TO SAY ABOUT THIS! 30% Democrats signed the petition to overrule this Ruling-Class garbage and delusional RINO political strategery.
In TEXAS & NM grant monies to illegals is also being offered. Many do not know this. If you have O & G revenues and pay taxes let me know. A lawyer is collecting plaintiffs.


25 posted on 08/11/2011 7:21:13 AM PDT by magna carta
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To: mewzilla

EXACTLY. I’m so sick of RINO lawless traitors.


26 posted on 08/11/2011 7:22:33 AM PDT by magna carta
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To: hocndoc
Thank you for posting this, hocndoc --- I learned something from it.

I am in general opposition to the DREAM act (the federal one) and on the same terms as those you outlined: that giving benefits to lawbreakers (don't call them "undocumented" they all have fraudulent papers) AND/OR to their children, powerfully incentivizes more lawbreaking.

These lawbreakers are being treated justly, and even mercifully, if the same laws are applied to them as to eveyrbody else: yes, there's a path to U.S. citizenship and that path begins in Mexico (or wherever the country of origin may be.) Go back and start at Square One like everybody else.

But if the Feds will not deport them, and actively prevent the States from deporting them, then what can be done about the children who were brought here as minors, and who therefore did not (personally) make any wilful choice to break the law?

Your argument for applying the Texas DREAMact, which covers residency and residency alone (they still have to pay their own tuition) is well made.

I await other FReepers' response. You have stated your side of it ably.

27 posted on 08/11/2011 7:23:06 AM PDT by Mrs. Don-o (Audi alteram partem.)
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To: cripplecreek

Make that “girl.” Or “Dr. Girl,” to you.

Seems like Michigan’s problems would keep you too busy to work on Texas.’


28 posted on 08/11/2011 7:23:41 AM PDT by hocndoc (http://WingRight.org)(I've got a mustard seed and I'm not afraid to use it.)(RIAing))
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To: Cincinatus' Wife
That's still not an answer.

I'm sincerely curious: How does Perry justify supporting a state law that is in direct violation of federal law?

29 posted on 08/11/2011 7:24:11 AM PDT by mewzilla (Forget a third party. We need a second one.)
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To: hocndoc

The courts have ruled that we can’t identify or “chill” the education of these children.
__________________________________________

No the Supreme Court only gave illegal alien children the basic education elementry and highg school

just like any American child would get

The free lunches, breakfasts, summer lunch program, free after school etc that any American child DOES NOT GET was not part of the court decision..

(These thinks are for low income kids not everyone)

and a college education was not part of the court decision...


30 posted on 08/11/2011 7:24:18 AM PDT by Tennessee Nana
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To: Cincinatus' Wife

If elected to the presidency, Perry will take an oath to uphold the Constitution. Picking and choosing which laws he will or will not uphold as governor does not give me any faith that he will adhere to his sworn oath if elected president.


31 posted on 08/11/2011 7:26:58 AM PDT by mewzilla (Forget a third party. We need a second one.)
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To: Tennessee Nana

Good post. We don’t need to baby these criminals.


32 posted on 08/11/2011 7:27:57 AM PDT by SUSSA
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To: Tennessee Nana

We don’t need more college-goers anyway. isn’t the whole reason we are in this mess over the TRADES. Give them a break if they go to a trade school not law school. Better logic and poetic justice.


33 posted on 08/11/2011 7:28:09 AM PDT by magna carta
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To: hocndoc

I would like to see college or military service toward citizenship in the United States
____________________________________________

Why the option ???

What has attending college got to do with proving that an illegal alien is American citizen material ???

Just by illegal antering our country he or she has proven they are not...

If its so important why not just require the military service ???


34 posted on 08/11/2011 7:28:36 AM PDT by Tennessee Nana
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To: mewzilla

Why don’t you spell it out “mewzilla” and explain to the board what law is being violated, when and why it was enacted, and how and what your solution would be as Texas governor.

I’ll check back later.


35 posted on 08/11/2011 7:30:19 AM PDT by Cincinatus' Wife
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To: Liz; AuntB; La Lydia

DREAM Act PING


36 posted on 08/11/2011 7:30:39 AM PDT by Tennessee Nana
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To: Cincinatus' Wife

There’s a section in the IIRIRA that relates to in-state tuition. That’s what the Dream Act conflicts with. As for what I’d do, I’d uphold my oath of office. If Perry wants illegals to be given in-state tuition rates and other bennies, he should work to get Congress to change federal law.


37 posted on 08/11/2011 7:34:47 AM PDT by mewzilla (Forget a third party. We need a second one.)
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To: hocndoc
Let me see, your posts can be summed up this way, Perry gave no leadership, the legislature passed it, you dumb asses in fly over land need to accept it, because the Texas legislature is god. Does that sum up your position.

My answer is hell no!

38 posted on 08/11/2011 7:36:29 AM PDT by org.whodat (What does the Republican party stand for////??? absolutely nothing.)
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To: Tennessee Nana

These were minors when they came here - they did not enter illegally because they chose to do so.

Why not the option, if Texas chooses?

College attendance is a fair marker for responsible, goal-oriented men and women.


39 posted on 08/11/2011 7:37:05 AM PDT by hocndoc (http://WingRight.org)(I've got a mustard seed and I'm not afraid to use it.)(RIAing))
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To: SUSSA

Technically, they’re not here criminally - they were brought here as minors.


40 posted on 08/11/2011 7:38:33 AM PDT by hocndoc (http://WingRight.org)(I've got a mustard seed and I'm not afraid to use it.)(RIAing))
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