Jeff Bingaman United States Senator from New Mexico

WASHINGTON – U.S. Senator Jeff Bingaman today said he is disappointed that the Senate rejected legislation that would allow children who were brought illegally to the United States, at the age of 15 or younger, the opportunity to legalize their status if they work hard, stay out of trouble, graduate high school, and eventually go to college or enlist in the Armed Forces.

The measure, called the DREAM Act, did not receive the 60 votes needed to prevent a filibuster.

"As a border state senator, I understand the concerns about illegal immigration.  Over the last several years we have made tremendous strides in enhancing border security, but I recognize that there is still more work to be done," Bingaman said.  "However, penalizing individuals who came to the U.S. as children at no fault of their own is not the answer.  Keeping these young people from bettering their lives through education or preventing them from serving our country by enlisting in the military doesn't make our nation stronger, more secure, or more economically competitive."

The Senate did offer support for the repeal of the Don't Ask, Don't Tell policy preventing gays and lesbians from serving openly in the armed forces.  The bill stipulates that the repeal of the policy will not take effect until 60 days after the President, Secretary of Defense, and Chairman of the Joint Chiefs of Staff make certain certifications.  In particular, that sufficient implementation procedures are in place to ensure the repeal could be carried out in a manner consistent with standards of military readiness, effectiveness, unit cohesion, and recruiting and retention.

"Prohibiting gays and lesbians from openly serving in our Armed Forces is contrary to our nation's values and weakens our military's ability to recruit and retain competent individuals with critical skills," said Bingaman, who is a member of the Senate Armed Services Committee.  "We've lost decorated soldiers and those with mission critical skills, such as Arabic linguists and intelligence specialists."

Bingaman pointed out that Defense Secretary Robert Gates, and Admiral Mullen, Chairman of the Joints Chiefs of Staff, both testified before the Senate Armed Services Committee that the time has come to repeal Don't Ask, Don't Tell.

"We've had almost two decades to evaluate the success or failure of this policy and the legislation we are debating takes a very judicious approach.  The reality is that it is no longer a question of whether this policy should be repealed, it is a matter of how it should be and in what matter.  If Congress fails to act, it is very likely that the courts will.  If this occurs, implementation may be more difficult and the changes may occur in a more haph+azard manner as cases move slowly through the courts. Keeping this law in place doesn't make us any safer and it is inconsistent with our Nation's commitment to equality," Bingaman said.

A final vote must still be taken on the policy.