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Does the DREAM Act Have a Future?

During the 111th Congress’s lame-duck session, President Obama defied expectations by racking up several important legislative victories, such as the repeal of the military’s “don’t ask, don’t tell” policy. Unfortunately for the hundreds of thousands of young undocumented immigrants currently living in the United States, the DREAM Act was not one of them.

The Development, Relief and Education of Alien Minors Act, as it is formally known, would provide a path to citizenship for individuals between the ages of 12 and 35 who meet certain requirements and enable them to attend college or serve in the military.

In the days following the bill’s passage in the U.S. House of Representatives, by a vote of 216-198, Senate Majority Leader Harry Reid, D-Nev., was not able to muster the 60 votes needed to end a filibuster and bring the measure to the floor. And, with a newly empowered Republican majority ruling the House, its fate is uncertain. What went wrong?

“Unfortunately, anything immigration related, especially anything dealing with the relief of any segment of the undocumented population, is extraordinarily difficult because [immigration reform opponents] have scared a lot of lawmakers into believing that it’s a politically challenging vote to take,” says Marshall Fitz, director of immigration policy at the Center for American Progress. Despite an outpouring of support from advocates, educational leaders, editorial boards and others from around the country, he adds, the politics are slow to catch up.

Obama has described the failure as “heartbreaking” and perhaps his “biggest disappointment” but remains resolute in his determination to get the bill passed in the 112th Congress. In his final press conference of 2010, the president pledged to convince Republicans who’ve reversed their support for the bill and the American public of the critical need to pass the DREAM Act as well as comprehensive immigration reform. According to a Gallup Poll survey taken in December, a slim majority (54 percent) of Americans favor the DREAM Act.

“Clearly the environment on this issue is very difficult. There’s a case to be made that it’s consistent with all of the work we’ve been doing to build a robust economy of the future to make sure that we have an immigration system that functions properly,” said a White House official, speaking on background. “We’re going to keep at it and keep looking for partners who are interested in and serious about getting the job done, and we’re going to insist that this be on the agenda.”

It will be a daunting task, say Fitz and other immigration experts. House Republicans are now responsible for moving immigration legislation forward in their chamber and key members have been very vocal in their opposition to the DREAM Act. After the House passed it, Rep. Steve King, R-Iowa, who now chairs the Judiciary Committee’s immigration subcommittee, said that the bill rewards millions of undocumented immigrants for their presence in the U.S., using the terms “nightmarish” and “amnesty” to describe it. Sen. Jeff Sessions of Alabama, the ranking Republican on the Senate Judiciary Committee, described the DREAM Act as a proposed law “that at its fundamental core is a reward for illegal activity.”

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