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Military aspect of immigrant bill eyed
Leslie Berestein, The San Diego Union-Tribune
September 26, 2007
Legislation that could grant legal status to hundreds of thousands of
undocumented high school graduates is creating a schism among Latino
educators and others who have typically favored legalization efforts.
At issue is a component of the Development, Relief and Education for
Alien Minors Act, or DREAM Act, a bill that could be voted on in the
Senate by next week as an amendment to a Department of Defense
authorization bill.
The proposed legislation, a version of which was first introduced in
2001, would make high school graduates who arrived in the United States
illegally at 15 or younger and who have lived here at least five years,
eligible for conditional legal status provided they attend two years of
college or serve two years in the military. After six years, those who
meet the conditions could obtain legal permanent resident status.
It is the military service component that has landed some Latino
supporters of legalization measures on the same side of the proposal as
the immigration restriction lobby, which decries the DREAM Act as
amnesty.
Those uncomfortable with the military component see the measure as a
devil's bargain: On one hand, it offers a shot at higher education and
success to young people who might otherwise have to spend their lives
in the shadows. On the other, they fear that those who can't afford
college, or don't see it as a viable choice, might feel compelled to
join the military not because they want to, but because they fear
eventual deportation.
“This is very tricky, because undocumented students
are desperate for some kind of legalization,†said Jorge
Mariscal, director of the University of California San Diego's Chicano
Studies program and a longtime critic of military recruiting within
minority communities. “I'm completely
conflicted.â€
The DREAM Act has the support of mainstream Latino organizations, such
as the National Council of La Raza and the League of United Latin
American Citizens, who praise it as a life-changing opportunity for
students.
It has also been promoted by other supporters, including sponsor Sen.
Dick Durbin, D-Ill., as a way to boost military recruiting at a time
when the protracted Iraq war demands it. In a telephone news conference
Monday, U.S. Army Reserve Lt. Col. Margaret Stock called the measure
“germane to the Department of Defense.â€
“This is a way to maintain an all-volunteer force,
and keep that force supplied with very high-quality
people,†said Stock, an associate professor at the U.S.
Military Academy at West Point.
The U.S. Army fell short of its recruitment goals in June and July,
said Paul Boyce, an Army spokesman, although he said goals were met in
August. In fiscal year 2006, 12.6 percent of active Army recruits
nationwide were Latino.
In San Diego, the nation's second-largest hub of military operations,
there has been opposition to the bill from those who say that children
of low-income immigrants already have a propensity to enlist in the
military in exchange for the promise of a college education their
parents can't afford, or because they simply can't envision college as
an option.
College is an enlistment carrot for young U.S. citizens and legal
residents, said Rick Jahnkow, coordinator of the Encinitas-based
Project on Youth and Non-Military Opportunities, which promotes
alternatives to enlistment for those seeking education and job
training. Legal immigrants were given added incentive to enlist in
2002, when President Bush signed an executive order expediting U.S.
citizenship for foreign-born active-duty military personnel.
Supporters of the DREAM Act say high school graduates who stand to
benefit have a choice between college or the military. But with the
only other option to remain undocumented, Jahnkow said, some who can't
see going the college route might be motivated to enlist not so much by
what they might gain, but by fear of what they stand to lose.
“You might be deported if you don't make a move to
take advantage of this,†he said. “It's
more of an incentive than the general economic one. It's the threat of
possibly being deported, on top of that, which is going to result in a
much higher enlistment rate . . . I think some will want to join the
military, but I think more will essentially be coerced into
it.â€
In San Diego and Los Angeles, a group of politically involved teachers
known as the Association of Raza Educators has come out against the
proposal, citing the same concerns.
“There is the carrot, and there is also the stick
behind it,†said Miguel Zavala, a part-time teaching
instructor at Cal State Los Angeles. “They have
their hands tied behind their backs. It's not like they can just
choose.â€
The military has served as a stick to other generations, but in much
different contexts. During the Vietnam War, for example, the draft
persuaded many young men to remain in college and retain a draft
deferment.
Judges have also tried to coerce enlistment as an alternative to jail:
Last year, a New York judge gave this choice to a 20-year-old man whom
the Army ultimately rejected, citing regulations that prevent people
with pending charges from enlisting.
In spite of its military component, Latino educators who support the
DREAM Act believe that the pros of the measure far outweigh the cons.
“The DREAM Act would open so many doors for so many
deserving students who do not have proper documentation,â€
said Carmen Garcia, principal of Roosevelt Middle School near Balboa
Park. “It is a seed of hope that so many students
have been waiting for, that so many parents have been waiting
for.â€
The military component is “an added
nuance,†Garcia said, “but it opens the
door to other possibilities.â€
The Migration Policy Institute has estimated that 360,000 undocumented
high school graduates would immediately be eligible for conditional
legal status under the measure, and that about 50,000 of them are
enrolled in U.S. colleges and universities.
Under the DREAM Act, college-bound students who receive conditional
legal status could take advantage of federal student loans
– though not grants – now
unavailable to illegal immigrants. However, a provision that would have
granted them in-state tuition fees was removed from the proposal.
Ten states, including California, allow in-state tuition for
undocumented students, meaning that those opting for college in most
states could still face financial hurdles.
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