TO: Friends

FR: Jim Boulet, Jr.

DT: June 1, 2007

SJ: What are the actual requirements for a first-time application for a Z (amnesty) visa?

White House staffer Kerrie Rushton claimed in "The Corner" today that "the requirements in order to obtain a Z visa" include "agree[ing] to meet accelerated English and civics requirements" (my emphasis).

Her use of the word "obtain" suggests first time applicants for a Z (amnesty, even though under the bill as written the English and civics requirements do not even begin until four years after a person obtains his Z visa and have no teeth until four years after that (eight years total).

Title VI of the May 18th draft of the bill is the Z visa section. Look at page 264 and following of the bill as posted on National Review Online on May 19th to see what the actual requirements are for first-time Z visa applicants:

(e) Eligibility Requirements.--To be eligible for Z nonimmigrant status an alien shall meet the following and any other applicable requirements set forth in this section:

(3)(A) and (B) Physically present.

(3)(C) here illegally.

(4) currently employed on the date of filing his application.

(6)(A) [The Senate's numbering sequence -- no (5)] Pay "no more than" a $1,500 "processing fee." Note: could be less, given this wording.

(6)(B) Pay a $1,000 penalty.

(6)(C) Pay a $500 "state impact assistance fee."

(7) Must "appear to be interviewed" (not specified if in person or by telephone).

(8) Be registered for the Military Selective Service if of the age required.

Only four years later ("Requirement at First Renewal"), is English mentioned in the bill at all.

A Z visa holder can have taken, but need not necessarily pass "the naturalization test described in sections 312(a)(1). There is a word missing in my copy of the bill on page 273, line 25, either an "and" or an "or", followed by "demonstrating enrollment in or placement on a waiting list for English classes."

Producing a document saying one is still waiting for an English class may well be sufficient for the first four-year renewal.

After eight years ("Requirement at Second Renewal"), Z visa holders are allowed three tries to pass the "naturalization test" to have their Z (amnesty) visas renewed.

The "naturalization" test is defined by the proposed bill as "described in section 312(a)(1) and (2)."

Alas, there is no mention of civics in these two provisions of current naturalization law. This is probably a drafting error, yet another reminder of the undue haste in which this bill was cobbled together

The sections referenced by the immigration bill do require a prospective American citizen to demonstrate their "understanding of the English language, including an ability to read, write, and speak words in ordinary usage in the English language." This requirement is not hard.

The tests use English words set by law to an "elementary literacy level." Applicants will not be asked about the meaning of Hamlet or even the 2004 Democratic Party Platform.

The actual civics portion of the naturalization law, Section 312(2), requires a demonstration of "a knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States."

Current law already allows this portion of the test to be given in a foreign language if "the officer conducting the examination determines that an inaccurate or incomplete record of the examination would result if the examination on technical or complex issues were conducted in English."

Again, because of E.O. 13166, which this bill codifies, it is conceivable that the applicant could demand the right to take his civics test in the language of his choice.

Bottom line: the White House may believe the Senate immigration bill contains "accelerated English and civics requirements," but it does not, unless one considers allowing illegal aliens eight years after receiving amnesty to learn a few ordinary English words "accelerated."

Last modified: June 1, 2007