The DREAM Act, which went down to defeat during a lame duck session of Congress back in December, is still very much alive in the U.S. Senate.

The planned witnesses for the first panel include Dept. of Homeland Security Secretary Janet Napolitano, Secretary of Education Arne Duncan, and a (yet-to be named) representative from the Dept. of Defense. The second panel will consist of two illegal aliens with deferred actions status who would benefit from passage for the DREAM Act, and, offering the only opposing view, our friend Steve Camarota from the Center for Immigration Studies.

It is stunning – not to mention disheartening – to see the state of the immigration debate in America today. First, consider the fact that the Senate leaders have invited illegal aliens to testify before Congress regarding legislation that would benefit them personally, but would completely undermine the rule of law and hurt the American people. Second, one could not possibly consider it coincidental that this hearing comes days after ICE Director John Morton issued a policy memo encouraging ICE Agents to look the other way when it comes to enforcing our immigration laws. For those of you who haven’t seen it, the memo reminds federal agents and attorneys that they have broad discretion in enforcing our immigration laws and then lists the requirements of the DREAM Act as considerations they should take into account when exercising that discretion.

When one steps back and looks at the big picture, maybe the Senate Judiciary Committee should reconsider the Tuesday hearing on the DREAM Act. After all, why should the Legislative Branch bother taking any action when the Executive Branch is so effective at circumventing it?