Part II: Gang of Eight Breaks its Promise Regarding English

Joe Young
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)
- 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.
- 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)
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