Discussing the latest version of the federal DREAM Act on the September 18 broadcast of his 630 KHOW-AM show, Peter Boyles allowed guest Caroline Espinosa -- the media coordinator for the anti-illegal immigration activist group NumbersUSA -- to claim that the legislation would make certain illegal immigrants “instantly non-deportable.” Espinosa further falsely claimed that sponsors of the legislation “are not asking anybody to provide proof that they were here ... illegally ... before the age of 16.” However, according to Section 3305 (2)(B)(b)(1) of the DREAM Act, the Secretary of Homeland Security “shall terminate the conditional permanent resident status of any alien” who fails to meet the required conditions of their status, including one who “become[s] a public charge” or receives “other than honorable discharge from the uniformed services.” In that case, the immigrant's status would revert to illegal, making the immigrant deportable.

Furthermore, although the legislation does not specify forms of proof for eligibility, it states that an immigrant is eligible for conditional permanent resident status “if the alien demonstrates” a number of qualifications, including residing in the United States for at least five years and entering the country before the age of 16.

In addition, Boyles falsely claimed that “an illegal can get now in-state [tuition] ... at Metropolitan State College.” As Colorado Media Matters has noted, Denver-based Metro State in fact recently began offering in-state tuition to U.S. citizens who might be children of illegal immigrants, if they also meet Colorado residency requirements.

Although the DREAM (Development, Relief, and Education for Alien Minors) Act previously was part of a failed comprehensive immigration reform bill (S. 1348), an identical version has been amended (S.Amdt. 2237) to the National Defense Authorization Act of 2008 (H.R. 1585). If enacted, the amendment would repeal a provision -- section 505 -- of a 1996 immigration law that discourages states from providing in-state tuition to illegal immigrants. The proposal would allow “conditional permanent resident status” to immigrants “of good moral character” who can prove that they entered the United States before the age of 16, resided continuously in the United States for at least five years, and earned a high school diploma or a general education development certificate (GED) or have “been admitted to an institution of higher education in the United States.” After five-and-a-half years, conditional permanent residents may petition to change their status to lawful resident provided they have “demonstrated good moral character,” remained in the United States, “provided a list of each secondary school” attended in the United States, and completed at least two years in a higher degree educational program or honorably served in the U.S. “uniformed services for at least 2 years.”

Espinosa falsely asserted that the DREAM Act is “not asking anybody to provide proof that they were here illegally at the age of, before the age of 16. So conceivably you could have some 45-year-old somebody who was here illegally say, 'Oh, I was brought here 30 years ago when I was 15 ... and I'd like to qualify for this amnesty.' ” Espinosa also falsely claimed that the DREAM Act would essentially say to that 45-year-old, “Well, yes, you can qualify for amnesty and you're instantly non-deportable.” However, Section 3304 (a)(1) of the DREAM Act clearly states that an alien qualifies for conditional permanent resident status only “if the alien demonstrates” [emphasis added] the following:

(A) the alien has been physically present in the United States for a continuous period of not less than 5 years immediately preceding the date of enactment of this title, and had not yet reached the age of 16 years at the time of initial entry;

(B) the alien has been a person of good moral character since the time of application;

(C) the alien --

(i) is not inadmissible under paragraph (2), (3), (6)(E), or (10)(C) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)); and

(ii) is not deportable under paragraph (1)(E), (2), or (4) of section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a));

(D) the alien, at the time of application, has been admitted to an institution of higher education in the United States, or has earned a high school diploma or obtained a general education development certificate in the United States; and

(E) the alien has never been under a final administrative or judicial order of exclusion, deportation, or removal, unless the alien --

(i) has remained in the United States under color of law after such order was issued; or

(ii) received the order before attaining the age of 16 years.

Furthermore, despite Espinosa's claim that a conditional permanent resident alien would be “non-deportable,” Section 3305 (2)(B)(b)(1) of the current DREAM Act states that the Secretary of Homeland Security “shall terminate the conditional permanent resident status of any alien” who fails to meet the required conditions of their status, including one who “become[s] a public charge” or receives “other than honorable discharge from the uniformed services.” The bill further states that "[a]ny alien whose conditional permanent resident status is terminated ... shall return to the immigration status the alien had immediately prior" to the conditional status. In other words, an alien who failed to meet the requirements of the conditional immigration status would instantly become deportable.

Later in the discussion, Boyles repeated the falsehood that “an illegal can get now in-state [tuition] ... at Metropolitan State College.” However, as Colorado Media Matters has noted, the Rocky Mountain News reported on August 10 that Metro State “no longer will charge out-of-state tuition to Colorado residents who are U.S. citizens but whose parents are here illegally.” The News further reported:

The University of Colorado, Colorado State University and the Community College system apply in-state tuition to U.S. citizens born to illegal immigrants.

Last week, higher education chief David Skaggs asked Attorney General John Suthers to clarify state law on the residency status of those students. Skaggs also said he would seek legislative action to ensure that legal residents receive in-state tuition regardless of their parents' status.

As The Denver Post reported on August 15, Suthers, responding to Skaggs' request, issued an opinion on August 14 “that says students born in the United States should qualify for in-state tuition, even if their parents are in Colorado illegally.”

On his August 3 broadcast, Boyles falsely described Skaggs' request, asserting that Skaggs advocated offering in-state tuition to “an illegal,” as Colorado Media Matters noted.

From the September 18 broadcast of 630 KHOW-AM's The Peter Boyles Show:

BOYLES: If you would, talk about -- and, by the way, Caroline is the media coordinator/spokeswoman for NumbersUSA. Talk about the DREAM Act.

ESPINOSA: Well, the DREAM Act is actually something that's been around for a while. They have introduced it a few times before. This is actually the most expanded version of it. And they're not introducing it, they're not trying to do this as a stand-alone bill. What they're doing, what Senator Durbin is doing, is he is going to attempt to have it put on as an amendment to the Department of Defense Authorization bill. So, what the big bill does is to authorize our defense programs, something that is very important. You know, we are at war.

BOYLES: Sure.

ESPINOSA: And then, all of a sudden, they're trying to do immigration on this defense bill, which I think is a big mistake for several reasons. But the reason that he was able to, or he might be able to have this considered is because they added something to the DREAM Act basically saying that, adding the provision that if you were brought here --

BOYLES: Mm-hmm.

ESPINOSA: -- before the age of 16 --

BOYLES: Mm-hmm.

ESPINOSA: -- you graduated from a U.S. high school, the original intention was to allow these students, these people to have amnesty and then to go to college. But what they've allowed them to do is they basically say, as long as you graduated from a U.S. high school, you came here before -- illegally -- before 16, you can just do two years of any program, whether it's a university or vocational school, and then they added military service. You don't have to complete any of it, other than the two years; you don't have to graduate; you don't have to finish it by their standards, you just have to do two years. Now, the biggest problem with this -- actually, I wouldn't say the biggest -- the biggest problem is that it's amnesty. But one of the other huge problems is the possibility for fraud. They are not asking anybody --

BOYLES: Ah. Amazing possibility. Yeah.

ESPINOSA: Yeah. They are not asking anybody to provide proof that they were here illegally at the age of, before the age of 16. So conceivably you could have some 45-year-old somebody who was here illegally say, “Oh, I was brought here 30 years ago when I was 15 --

BOYLES: Mm-hmm.

ESPINOSA: -- and I'd like to qualify for this amnesty.” Well, yes, you can qualify for amnesty and you're instantly non-deportable. And then when you go through the process --

BOYLES: And what about your family if you're non-deportable?

ESPINOSA: Well, in most cases, they turn a blind eye to that.

BOYLES: Yeah, that's why I ask. Yeah.

ESPINOSA: Yeah, exactly. And then they get their green cards and in five years they can get citizenship --

BOYLES: Right.

ESPINOSA: -- and then they can sponsor the family.

[...]

BOYLES: Now, remember, you guys: It takes illegals, makes them eligible for federal student loans, federal work study, all these things that, again, if you are a, let's call them law-abiding foreign student, you came in here on a work -- you know, on a visa to go to college, university, you don't get any of that. And in many cases, as we say, a U.S. citizen kid can't -- you know, my brother's kids in Pennsylvania can't come to Colorado to get in-state.

ESPINOSA: You're right.

BOYLES: My brother's a veteran, the whole thing, you know, paid his taxes, worked all his life. They can't get in-state but an illegal can get now in-state in, at Metropolitan State College. What's that about?

ESPINOSA: Well, that's just it, is that not only can, you know, your brother's kids in Pennsylvania not qualify for in-state tuition in Colorado, but it displaces Colorado kids.

BOYLES: Oh, that's my next one. Sure, of course. There's some Denver kid or Colorado kid that doesn't get that place.

ESPINOSA: Yes, because they have a set number of spots for in-state tuition.

BOYLES: Mm-hmm.

ESPINOSA: And so, if an illegal alien has these spots, then an American citizen, or even, you know, an American citizen or a legal immigrant --

BOYLES: Mm-hmm.

ESPINOSA: -- would not be able to have that spot. And that's very important.