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Washington • The U.S. House passed a bill late Wednesday granting the children of some undocumented immigrants a path to citizenship if they either go to college or enter the military, setting up a decisive vote Thursday in the Senate .
But supporters of the DREAM Act remain pessimistic about its chances, in large part because of Republicans such as Sen. Orrin Hatch, R-Utah, who have promised to vote against the bill, even though they have co-sponsored the legislation in years past.
"It's a huge disappointment when someone who has been a huge champion on an issue walks away from it," said Karen Crompton, the executive director of Voices for Utah Children. "I can't explain it."
Hatch says he isn't walking away, even if he opposes the latest version of a bill he first sponsored in 2001.
"I just personally feel that it is brought up at this time for pure political purposes, and I resent that," said Hatch, who added that if Democrats were serious about solving the problem, they wouldn't have waited until the waning days of a post-election session to bring the issue to a vote.
Hatch isn't the only elected official from Utah to previously support a version of the DREAM Act, only to turn against it.
Rep. Jim Matheson, D-Utah, co-sponsored a similar measure in 2004, but on Wednesday said: "We are a nation of laws, and until we demonstrate that we can secure our borders and address our broken immigration system through comprehensive reform, I cannot support piecemeal measures, no matter how well-intended."
Matheson, along with Utah GOP Reps. Rob Bishop and Jason Chaffetz, voted against the bill, which passed on a vote of 216-198.
Two months ago, Utah Sen. Bob Bennett said he would support the DREAM Act as long as it wasn't attached to other legislation, but on Wednesday, he said he doesn't want any action taken on the issue because the Senate has yet to address the budget and expiring tax cuts.
Despite Matheson's and Bennett's reversals, it's Hatch's vote that really flummoxes DREAM Act supporters and leads some to question whether he made the decision with an eye toward his 2012 election, in which he is likely to face a challenge from within his own party.
Hatch said that is a "dishonest criticism" and a "bogus argument" to say his DREAM Act vote was in any way connected to his re-election campaign.
"I think there will be some who try to make a fuss out of it for cheap political purposes, and if they want to do that, that's their life," he said. "There are not very many people who have worked to help Hispanics as much as I have."
Hatch said the latest version isn't as good as the bill he first sponsored in 2001, but he refused to elaborate on what changes he disliked, saying: "I'm not going into the reasons that I feel that way."
He did say that he thinks undocumented students should receive in-state tuition, something the bill debated on Wednesday would leave to the states.
DREAM stands for Development, Relief and Education for Alien Minors, and it would only apply to immigrants brought into the country before they were 16 years old. They must have graduated from high school and, to gain legal status, they must spend at least two years in college or in the military.
The latest version caps the age of applicants at 29, blocks access to most social programs and requires a 10-year waiting period before immigrants can gain permanent residency.
As many as 2 million immigrants were expected to gain legal status under the DREAM Act, and the Migration Policy Institute, a Washington-based think tank, estimated that about 23,000 of them live in Utah.
Hatch has backed the DREAM Act in all previous votes, and as recently as this summer noted his support for the proposal, saying in a town-hall meeting in Layton that many of the students didn't even know that they are undocumented until they graduated from high school.
"If they've lived good lives, if they've done good things, why would we penalize them and not let them at least go to school?" Hatch asked at the time.
On Wednesday, he made it clear that he continues to back the underlying mission of the bill.
"I still believe, to this day, that these young people who are brought into the country by their parents before they are old enough to make decisions by themselves should not be mistreated, and we should find some way to resolve their difficulties," he told The Salt Lake Tribune.
But, like Matheson, Hatch now says the Senate should first focus on job creation and border control. And he argues that when he originally supported the DREAM Act concept in 2001, Democrats promised to boost border security, which he says hasn't happened.
Others in Congress, such as Sen. Jeff Sessions, R-Ala., the top Republican on the Judiciary Committee, have vehemently opposed the bill as a form of amnesty.
That is a position supported by Chaffetz, who defeated a DREAM Act supporter in Rep. Chris Cannon in 2008, in part, because of Chaffetz's tougher stance on immigration issues.
"It's a nonstarter for me. I don't want to reward illegal behavior, nor do I want to grant any form of amnesty," said Chaffetz, who is considering a run against Hatch in what would be a prominent 2012 showdown.
Chaffetz said the stories of young immigrants blocked from pursing their career goals "does tug at your heartstrings." But, he added, "Children benefit and suffer the consequences of their parents' actions all the time."
The DREAM Act
The legislation would give legal status to the adult children of undocumented immigrants if they go to college or join the military. Here are some of the criteria to obtain legal status and access the broader job market.
The person must have:
Entered the country before his or her 16th birthday.
Graduated from high school or received a GED diploma.
Passed a criminal-background check.
Must be no older than 29 years at the time of application.
Attended either two years of college or served two years in the military.