When does a dream become a nightmare? Possibly when the Congress repeatedly attempts to defy the wishes of the majority of the American people to pass a massive amnesty program that benefits millions of illegal aliens residing in the country.

Once again, large numbers of Americans jammed the Senate telephone switchboard and unloaded a blizzard of letters and faxes to remind their elected representatives that they oppose any legislation that offers amnesty to illegal aliens. Their efforts succeeded at derailing the Dream Act for the time being. Senate Majority Leader Harry Reid (D-NV) has vowed to try to revisit the issue in six weeks.

The Dream Act has been sponsored by our own Senator Richard Durbin (D-IL). It was defeated prior to this week, but Durbin reintroduced the measure. He was confident that the bill would pass on this turn at bat. It was hoped that the Senate could pass the bill during a quiet session while many Americans were not paying attention to congressional activities. Durbin and his cronies guessed wrong again.

The Dream Act attempted to sell amnesty provisions by tying the gift of legal residency and a path to legal citizenship to education. If the aliens remained in school, they could qualify for citizenship and enjoy further benefits such as guaranteed in state tuition rates for those enrolling in state colleges and universities. In Illinois, Governor Blagojevich has already signed legislation to this same effect that is facing a legal challenge. As a means of pandering to immigration activists, Blagojevich has offered tuition rates intended to benefit Illinois residents to illegal aliens domiciled within the state. Many Americans are outraged that students from neighboring states who are actual citizens of the USA are required to pay higher tuition rates than do illegal aliens who began squatting in the Land of Lincoln. Foreign students who complied with immigration laws are in a similar quandary. They have to pay higher tuition rates than those students who broke the law. Where is the justice and logic in that?

It would be interesting to see if a brave economist or university administrator could calculate how much these hand outs have cost Illinois colleges and universities in lost tuition each year due to Blagojevich‘s generosity. The costs of education illegal aliens at the K-12 level must be astronomical.

Of course, the grandfather of all swindles foisted upon American public schools and the taxpayers who support them occurred as a result of the Supreme Court decision in Plyler v. Doe (1982). By a 5–4 decision, the majority of the Court decided in an opinion by Justice William Brennan that the Texas had to provide free and appropriate public education to illegal immigrant children presenting themselves for enrollment in public schools and could not seek to charge their parents for tuition costs. This case opened the floodgates for more illegal immigration. Late in his life, former President Dwight Eisenhower lamented appointing Earl Warren and Brennan to the Supreme Court—with good reason.

Public school districts are facing staggering costs due to illegal immigration. In California, a new school must be constructed every day simply to create the classroom space needed to house the tide of illegal alien students. There are, however, some school bureaucrats and teachers’ union leaders who welcome the additional students and are opposed to reporting any illegal aliens enrolled in their schools. More students equal more grist for the mill which can be coupled with more demands for additional tax dollars.

Can anyone remember when Durbin represented the Springfield region in the Congress and posed as a conservative? Believe it or not, Durbin was once on the record as being opposed to both abortion and gun control. Once he replaced Paul Simon in the Senate, Durbin was able to ditch many of his former positions on the issues since he could run statewide and play to more liberal constituencies far removed from Sangamon County. By promoting citizenship based upon a process of regularization tied to the public schools and higher education institutions, Durbin can placate several Democratic interest group constituencies and create a new class of citizens who are likely to become instant Democrats.

The Dream Act may become a nightmare for those Illinoisans who favor red state quality politics. One can only hope that American people prevail again and Durbin’s pet legislative project is defeated again and again

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Daniel J. Kelley is an attorney and a regular contributor to the Chicago Daily Observer.