DREAM Act killed in New York state Senate

ALBANY — The state Senate Monday killed the DREAM Act in a “razor-thin” mostly partisan vote.

With 32 votes needed to pass, the measure came up two votes short with 30 in support and 29 against.

Had it passed, New York would have become the fifth state to enact the DREAM Act, which would have allowed state financial aid programs to cover the college kids of undocumented immigrants.

“It continues to be a nightmare for the DREAMers,” said Senate bill sponsor Jose Peralta (D-Queens).

Among those who voted against it were two Democrats — Sens. Ted O’Brien of Rochester and Simcha Felder of Brooklyn.

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Felder sits with the chamber’s 29-member GOP conference, which didn’t provide a single vote.

While the Daily News reported last week that a vote was expected even though the measure likely didn’t have the votes to pass, the timing on Monday took many by surprise.

Senate co-Leader Jeffrey Klein, who heads a group of dissident Democrats that jointly run the chamber with the Republicans, said afterward he delivered on his promise to bring the bill to the floor.

MIKE GROLL/AP

Gov. Cuomo has taken heat for not being more aggressive on the DREAM Act, which would allow state financial aid programs to cover the college kids of undocumented immigrants.

Klein argued it is difficult to expect the Republicans to vote for it if all the Democrats weren’t on board for one of their core issues.

But Senate Democratic Leader Andrea Stewart-Cousins said “the bipartisan coalition was supposed to bring bipartisan support to progressive issues and unfortunately that did not happen.”

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Senate Deputy Democratic Leader Michael Gianaris of Queens accused Klein of being “the Republicans' chief enabler in the Senate.”

Assembly bill sponsor Francisco Moya, whose chamber passed the bill the past two years, called it “a gutless move” to bring the measure to the Senate floor without the votes there to pass it.

Both he and Peralta urged Gov. Cuomo to step up the pressure to secure the necessary votes in the Senate by pushing to include the DREAM Act in the final state budget due by the end of the month.

Earlier in the day, Cuomo — who has taken heat for not being more aggressive on the issue — called the DREAM Act “a priority.”

Supporters of the DREAM Act argued that kids shouldn’t suffer because their parents brought them into the country illegally.

But opponents said the state should be first trying to make college more affordable for those in the country legally.