S9886 CONGRESSIONAL RECORD — SENATE September 21, 2006 States to offer instate tuition to these prehensive solution to the problem of communities where it is very tough to students. It is a State decision. Each illegal immigration must include the succeed, they turn their backs on State decides. It would simply return DREAM Act. crime, drugs, and all the temptations to States the authority to make that The last point I make is this: We are out there and are graduating at the top decision. asked regularly here to expand some- of their class, they come to me and It is not just the right thing to do, it thing called an H–1B visa. An H–1B visa say: Senator, I want to be an Amer- is a good thing for America. It will is a special visa given to foreigners to ican; I want to have a chance to make allow a generation of immigrant stu- come to the United States to work be- this a better country. This is my home. dents with great potential and ambi- cause we understand that in many They ask me: When are you going to tion to contribute fully to America. businesses and many places where peo- pass the DREAM Act? I come back here According to the Census Bureau, the ple work—hospitals and schools and and think: What have I done lately to average college graduate earns $1 mil- the like—there are specialties which help these young people? lion more in her or his lifetime than we need more of. We can do something. It is not for the average high school dropout. This I can recall Bill Gates coming to me; it is not for the Senate; it is for translates into increased taxes and re- meet me in my office. Of course, his this country. Let’s take this great re- duced social welfare and criminal jus- success at Microsoft is legendary. He source and let’s use it for our benefit as tice costs. talked about the need for computer en- a nation. We will be a stronger and bet- There is another way our country gineers and how we had to import these ter nation if we do. would benefit from these thousands of engineers from foreign countries to I suggest the absence of a quorum. highly qualified, well-educated young meet the need in the United States. He The PRESIDING OFFICER. The people who are eager to be part of challenged me. He said: If you will not clerk will call the roll. America. They want to serve, many of allow me to bring the computer engi- The legislative clerk proceeded to them, in our military. At a time when neers in, I may have to move my pro- call the roll. Mr. FRIST. Mr. President, I ask our military is lowering its standards duction offshore, and I don’t want to do unanimous consent that the order for due to serious recruiting shortfalls, we that. the quorum call be rescinded. should not underestimate the signifi- That is an interesting dilemma. Now The PRESIDING OFFICER (Mr. put it in the context of this conversa- cance of these young people as a na- CHAFEE). Without objection, it is so or- tional security asset. tion. Why would we tell these young dered. The Department of Defense has people, who have beaten the odds and The question is on agreeing to the shown increased interest in this bill, shown such great potential, to leave motion to proceed to H.R. 6061. understanding that there is a talent America at this moment and then turn The motion was agreed to. pool of these young people who are around in the next breath and say we The PRESIDING OFFICER. The Sen- technically undocumented but want to are going to open the gates of America ate will now proceed to the consider- live in the United States and serve our for other foreigners to come in and ation of H.R. 6061, which the clerk will country. They need that talent. We make our economy stronger? Why report. need that talent as a nation. aren’t we using these young people as a The assistant legislative clerk read On July 10, the Senate Committee on resource for our future? They have as follows: Armed Services held a hearing on the been here. They have lived here for a A bill (H.R. 6061) to establish operational contributions of immigrants to the long period of time. They understand control over the international land and mar- military. David Chu, the Under Sec- America. They are acculturated to itime borders of the United States. retary of Defense for Personnel and America, and they want to make AMENDMENT NO. 5031 Readiness, said the following: America better. Mr. FRIST. Mr. President, I send an There are an estimated 50,000 to 65,000 un- Instead of looking overseas at how amendment to the bill to the desk. documented alien young adults who enter we can lure more people in to strength- The PRESIDING OFFICER. The the United States at an early age and grad- en our economy, we need only look clerk will report. uate from high school each year, many of right here at home. As Mr. Chu, from The legislative clerk read as follows: whom are bright, energetic and potentially the Department of Defense, said there The Senator from Tennessee (Mr. FRIST) interested in military service. They include are 50,000 to 65,000 of these students proposes an amendment numbered 5031. many who have participated in high school At the end of the bill, add the following: Junior ROTC programs. Under current law, each year. Why would we give up on This Act shall become effective 2 days these people are not eligible to enlist in the them when they can be not only tomor- after the date of enactment. military. If their parents are undocumented row’s soldiers, marines, sailors, and Mr. FRIST. Mr. President, I now ask or in immigration limbo, most of these airmen, but they can be tomorrow’s for the yeas and nays. young people have no mechanism to obtain doctors, scientists, and engineers? The PRESIDING OFFICER. Is there a legal residency even if they have lived most If given the opportunity, and I cer- sufficient second? of their lives here. Yet many of these young tainly hope I will on this bill, I will There appears to be a sufficient sec- people may wish to join the military, and offer the DREAM Act. I want my col- ond. have the attributes needed—education, apti- The yeas and nays were ordered. tude, fitness and moral qualifications. In leagues to join me on a bipartisan fact, many are High School Diploma Grad- basis. AMENDMENT NO. 5032 TO AMENDMENT NO. 5031 uates, and may have fluent language skills— I walk around in the city of Chicago Mr. FRIST. Mr. President, I send a both in English and their native language and other places in my State, and a second-degree amendment to the desk. . . . the DREAM Act would provide these number of young people who would be The PRESIDING OFFICER. The young people the opportunity of serving the benefited by this bill come up to me. clerk will report. United States in uniform. They tell me stories which are inspir- The legislative clerk read as follows: If we are talking about making ing in one respect and heartbreaking in The Senator from Tennessee (Mr. America more secure safe, why would another—inspiring because some of FRIST) proposes an amendment num- we turn our backs on the opportunity them, with no help, no financial aid, bered 5032 to amendment No. 5031. for these young people who came to have made it through college. One of Mr. FRIST. Mr. President, I ask unanimous consent that the reading of America at an early age, who have them, a young man I continue to follow the amendment be dispensed with. beaten the odds by graduating from with great anticipation, is now work- The PRESIDING OFFICER. Without high school, who have good moral char- ing on a master’s degree. He wants to objection, it is so ordered. acter and want to be part of our future, go into medical research. He is good. The amendment is as follows: why would we turn down their oppor- He is a great scientist, a young sci- On page 2, line 1 of the amendment, tunity to serve in our military? entist who wants to make this a better Strike ‘‘2 days’’ and insert ‘‘ 1 day’’. The DREAM Act is supported by a world. He is one of these undocumented f broad coalition of the Senate, by reli- kids, now a young man. Why would we gious leaders, advocates across the give up on him? MORNING BUSINESS country, and educators across the po- These high school students who have Mr. FRIST. Mr. President, I ask litical spectrum. Any real and com- worked so hard in neighborhoods and unanimous consent that there now be a

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9887 period for the transaction of morning ity for Latinos and all Americans. Like celebration of Hispanic contributions business, with Senators permitted to many great Americans, Judge DeAnda to America during Hispanic Heritage speak for up to 10 minutes each. rose from humble beginnings. Month, we take this time to acknowl- The PRESIDING OFFICER. Without The son of Mexican immigrants, edge Judge DeAnda. We are deeply sad- objection, it is so ordered. Judge DeAnda was born in Houston, dened by his passing but are also in- f TX. He interrupted his college edu- spired by his example as we carry on cation at Texas A&M University to the struggle to ensure equity for all TRIBUTE TO JUDGE JAMES join the Marines during World War II, Americans. His life-long dedication to DEANDA serving in the Pacific and then later the protection of Americans has made Mr. REID. Mr. President, last week, China. When he returned from the war, him an icon in the legal profession and hundreds of family, friends, and admir- he completed his studies and then en- a pioneer of the American civil rights ers gathered in Houston, TX, to honor rolled in the University of Texas Law movement. the life of a WWII veteran, legal giant, School in 1950, where he was among the Judge DeAnda will be missed by all, and true American hero, U.S. district first Hispanics admitted. but certainly by his wife Joyce and judge James DeAnda. Judge DeAnda Beyond the Hernandez case, Judge their four children. They are in our died last Thursday, September 7, 2006, DeAnda took on countless other cases thoughts and prayers. at the age of 81. Throughout his life, he in his fight to end segregation of His- f quietly went about his work of ensur- panics in Texas. In 1968, he went before LOCAL LAW ENFORCEMENT ing that Hispanic Americans were the Supreme Court in the case of ENHANCEMENT ACT OF 2005 guaranteed the same protections and Cisneros v. Corpus Christi ISD, a case rights afforded them in our Constitu- that led to the desegregation and in- Mr. SMITH. Mr. President, I rise tion. creased funding of schools in that city. today to speak about the need for hate Today, we mourn his passing and pay It was also during that year that Judge crimes legislation. Each Congress, Sen- tribute to his important contributions DeAnda helped to establish one of the ator KENNEDY and I introduce hate to this Nation. I am joined by Senator most respected national Hispanic orga- crimes legislation that would add new SALAZAR, who is familiar with the im- nizations, the Mexican American Legal categories to current hate crimes law, portance of Judge DeAnda’s legacy. Defense and Educational Fund, sending a signal that violence of any kind is unacceptable in our society. Senator SALAZAR, what do you believe MALDEF. Senator SALAZAR, would you are Judge DeAnda’s most important say that the founding of MALDEF has Likewise, each Congress I have come to legal victories? empowered the Hispanic community in the floor to highlight a separate hate crime that has occurred in our coun- Mr. SALAZAR. Thank you, Senator our country? REID, for your recognition of Judge Mr. SALAZAR. As a Hispanic who try. On December 6, 2003, in Largo, FL, DeAnda. One of his most significant grew up in the Southwest, I can say William McHenry was stabbed to death cases came in 1954, when he worked on that the impact of MALDEF’s estab- by Lucas McCauley. McCauley, a and argued a little-known but enor- lishment has been profound. As the straight man, followed McHenry home mously significant case before the U.S. Hispanic community’s legal advocate, from Club Z109, a bar that caters to gay Supreme Court. I should also mention MALDEF has taken on cases through- and transgendered people. After arriv- that Judge DeAnda, together with a out the country. In my own State, legal team of three other Mexican- ing at his home, McHenry was attacked their work has helped improved access and stabbed by McCauley. According to American attorneys, were the first to equal education for Hispanics. police, the motivation for the attack Mexican-American attorneys to argue Judge DeAnda was also actively in- was the victim’s sexual orientation. before the highest Court in our land. volved with Hispanic organizations like I believe that the Government’s first In Herna´ ndez v. Texas, Judge DeAnda the League of United Latin American duty is to defend its citizens, to defend believed that their client, Pete Her- Citizens, LULAC, and the American them against the harms that come out nandez, could not receive a fair and im- G.I. Forum. By working with of hate. The Local Law Enforcement partial trial unless members of other MALDEF, they ensured that Hispanic Enhancement Act is a symbol that can races served on the jury. Through care- veterans, who gave the ultimate sac- become substance. I believe that by ful research, Judge DeAnda showed rifice on the battlefield, were not de- passing this legislation and changing that Hispanics in Jackson County, TX, nied burial in our veterans cemeteries. current law, we can change hearts and were essentially barred from serving as Judge DeAnda’s leadership was vision- minds as well. jurors despite comprising a significant ary and was recognized by President f proportion of the population at the Jimmy Carter in 1979, who nominated time. In fact, no Hispanic had served him to serve as a Federal judge in the HATE CRIME on any jury in Jackson County for a Southern District of Texas. At the Ms. CANTWELL. Mr. President, the quarter century. The Supreme Court time of his appointment, he was only Jewish New Year is a time for celebra- agreed and overturned the murder con- the Nation’s second Mexican-American tion, prayer, and reflection. As friends viction. They unanimously ruled that Federal district judge. and family commemorate the high Mexican Americans and all other racial Despite all of his contributions to the holy days which begin tomorrow groups in the United States had equal Latino community, Judge DeAnda evening, Jewish communities across protection under the 14th amendment never sought the limelight. He only Washington State and around the of the U.S. Constitution. strove to ensure equal rights for all in world will come together, consider the Despite this major legal victory, the this country through his thorough rep- past, and look to the year ahead. Hernandez case was overshadowed by a resentation and fair consideration of Rosh Hashanah brings new begin- companion case, Brown v. Board of those who came before his court. I find nings and new energy; Yom Kippur Education, which was decided just a his own words to be the most telling. calls for atonement and forgiveness. week later. But the results of this deci- He is said to have told a group of law These ideals extend beyond religion or sion are evident in American court- school students once, ‘‘You will find race—they build common ground and rooms everywhere. Because of this de- law to be a most satisfying career be- inspire shared sacrifice. All of this was cision alone, Judge DeAnda holds a cause of the service you can give your threatened by an act of senseless vio- special place in our country’s history fellow man. I know of no other endeav- lence and hate this summer in Seattle. and our quest to become a more inclu- or in which you can bring about We cannot give in to that hate. sive America. healthy change and make a decent liv- During these days of repentance and Mr. REID. Yes, I agree with the Sen- ing. You can live well and do good.’’ renewal, I share a commitment to end- ator from Colorado. Judge DeAnda no Judge DeAnda certainly did good and ing violence and to living with one an- doubt played a key role in our Nation’s we are grateful to him for his service. other in peace both around the world history. He was a key leader in the Mr. REID. We are truly indebted to and here in our own communities. Latino civil rights movement who Judge DeAnda. Indeed, it is only fitting Yet we are still shocked and sad- worked tirelessly to foster legal equal- that as our Nation begins a month-long dened by the pain and loss of July 28,

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY