Part II: Gang of Eight Breaks its Promise Regarding English

A close analysis of the Gang of Eight’s amnesty bill (S.744) shows that despite promises by Senators in the Gang of Eight, illegal aliens will in fact not be required to learn English at any time during the amnesty process.

First, illegal aliens are not required to learn English when they apply for amnesty, called “registered provisional immigrant” status (RPI status).  The eligibility requirements are relatively straightforward. To be eligible for RPI status, an alien must demonstrate by a preponderance of the evidence that the alien:

  • Is physically present in the U.S. on the date of application;
  • Has been physically present in the U.S. on or before 12/31/11, except for “brief, casual, and innocent” absences;  and
  • Has maintained continuous physical presence (except absences up to 180 days) in the U.S. from Dec. 31, 2011 until receiving RPI status.  (Sec. 2101, INA245B(b), p.60-68)

Nowhere in S.744 is there a requirement that illegal aliens learn English in order to get amnesty.

Moreover, S.744 does not require that illegal aliens learn English to renew their RPI status (which lasts for six years and is renewable indefinitely). To renew RPI status, an alien must simply establish that he/she:

  • Remains eligible for RPI status;
  • Has not had his/her RPI status revoked;
  • Meets employment or education requirements, which are waivable;
  • Has satisfied any federal tax liability that has been “assessed” (meaning the IRS has officially recorded that the alien owes it taxes – see my previous blog on tax liability);
  • Pays a processing fee, which is waivable. (p.83); and
  • Pays a $1,000 penalty.

(Sec. 2101, INA 245B(c)(9), p.79-84)

In fact, the only English requirement  the Gang of Eight bill imposes on any illegal alien going through the amnesty process comes when the alien applies for a green card—if he chooses to do so.   However, an alien may satisfy the English requirement necessary for obtaining a green card by establishing merely  that :

  • The alien meets the English and civics requirements for naturalization under INA § 312, OR
  • The alien Is satisfactorily pursuing a course of study “to achieve an understanding of English and knowledge and understanding” of civics  (p. 103)

Thus, even at the point of getting a green card –10 years into the future – an illegal alien who received amnesty must only show that he is studying English and civics.

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  5. avatar

    Not one of our politicians gives a damn about America! They are all doing this for the purpose of getting richer…and filling their own pockets..They are all traitors.. they are all being paid off. There is something in it for all of them or they wouldn’t being pushing so hard and allowing illegals in this country. Nothing like money as a reason to do someone a favor.

  6. avatar

    Our ancestor had to learn the language and did why would you want to a country and not know what is being said around you and also not to be able to express your opinion. I call it suggested hearing!

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  8. avatar
    Mass Immigration Is Unsustainable on

    Same old same old. EVERY amnesty bill PR ramp up has push polls with a requirement to learn English. Then, EVERY actual bill does not require anyone to learn English. Pure fraud. Every time. Same old tricks.

  9. avatar
    John Winthrop on

    Julie my comment was a fact and a valid observation. Our immigration law has been the same for decades regarding the English language. So what is so strange about holding the illegals at the same level of expectations than the past new legal coming immigrants????? It is normal unless the gov raises the bar.

    For example many of us would failed the US test history if we were to take it without studying first….Tec etc u can erase mu comment again and censor it but if u do that it would be un-American……….

    Your article instead should have addressed or raise the issue of the English language proficiency as a whole…….for instance Canada has a tough English language requirement to pass…….but then again…we became a power with this recipes ……………

  10. avatar
    Paul Copeland on

    What do you expect, they all have lying right along. They give planes to our enemies and money to countries that want to kill us. We do our best to vote them out.

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  12. avatar
    IllinoisMinuteman on

    Recall all Senators, Representatives, and impeach obama. This is the only way to keep OUR country!

  13. avatar

    This plan is devastating and will be the end of this country as we knew it. How can American lawmakers sell out their country so readily? And how can they sell their souls? Is there not one honest and patriotic person left in our government?

    • avatar
      John Winthrop on

      I am sorry mobile bay but I disagree with you…… the good illegals have nothing to do with the US financial situation…….we created it ourselves and we should make the beyond efforts to get out of it…….SO. I am optimistic regardless we will prevail as a power in the future….

  14. avatar

    Come On…the Bill is a joke right? A Charade.
    It was written by INTERESTED PARTIES tugging on the ties
    of our Senators in SECRECY…and stuffing MONEY into
    their Campaign Baskets???? Invitees to the WRITING..we LA RAZA
    and The UNION GOONS???? And that total CROOK from the NON UNION
    trucking fiasco The American Trucking Association…Donahue????
    They all want CHEAP LABOR…..La Raza just wants to Take their Land Back!!!
    ICE and Border Cops were LOCKED OUT of the Secret Meetings…for good reason!!!

  15. avatar

    This whole Bill is TREASON…..Eisenhower would have thrown these Senators in PRISON.

  16. avatar

    Yes…More “WAIVEABLE, Flexible…wink wink requirements on all of
    the eligibilty rules….Just a JOKE is really what they are saying…the SAME is true for Border Security
    It reads…that as soon a NAPPY files a report that HER PLAN is in Motion..
    Then Amnesty BEGINS…..Nothing to do with COMPLETION of a SECURITY plan
    Only that a WRITTEN PLAN is submitted……the dumb plan might FAIL..and thats OK.
    The Illegals have been given Amnesty already…the JOKE is on AMERICA.

  17. avatar

    AH…….yet another clue to English speaking Americans(are there really any other kind?), that it’s not about, paying back taxes, learning English, getting assimilated etc. ALL ISSUES THE TRAITOROUS GOONS IN CONGRESS AND THE SENATE, COULDN’T CARE LESS ABOUT. Then what is it about? My opinion stays the same. It’s about the NORTH AMERICAN UNION, an agreement made by traitors, that merges the economies and politics of Canada, the U.S. and that paragon of virtue MEXICO. That is why, throughout California, Spanish is being pushed by signs, TV commercials, advertisement in newspapaers, in drug stores, and in Supermarkets. These traitors, with few exceptions. (Jeff Sessions, Charles Grassley,etc) in Congress and especially the Senate, are carrying out right under American citizens noses, the North American Union. Pay attention, that is why everything they do benefits Mexico and Mexicans, and why they lie endlessly about border security. THEY DON’T CARE ABOUT THE BORDER, THE SAFETY OF AMERICAN CITIZENS, OR THEIR JOBS, CULUTRE, OR ANYTHING ELSE. The universities and schools aid and abett this treason, because those institutions are infected by the open borders, international communist left.So you see, both the Republican RINOs and the Democrat socialists are in bed together on this. peace.