The INS has released a proposed rule which would provide an exemption from the requirements of demonstrating an understanding of the English language, including an ability to read, write and speak words in ordinary usage, and of demonstrating a knowledge and understanding of the fundamentals of the history, and of the principles and form of government of the United States, for certain applicants who are unable to comply with both requirements because they possess a “physical or developmental disability” or a “mental impairment.”
The proposed regulation is intended to implement changes to Section 312 of the Immigration and Nationality Act. Section 312, as revised, now uses the terms “physical or developmental disability” or “mental impairment”, but does not defined the terms. In a report to the House Judiciary Committee, however, the Congress stated that the new exemptions are not intended to include conditions that are either temporary or that have resulted from an individual’s illegal use of drugs. The report goes on to state the following:
“An individual who is developmentally disabled is one who shows delayed development of a specific cognitive area of maturation, i.e., reading, language, or speech, resulting in intellectual functioning so impaired as to render the individual unable to participate in the normal testing procedures for naturalization. This is not an acquired disability, but one whose onset occurred prior tothe 18th birthday. An individual who is mentally disabled is one for whom there is a primary impairment of brain function, generally associated with an organic basis upon which diagnosis is based, resulting in an impairment of intellectual functions, including memory, orientation, or judgment. This definition does not include individuals whose mental disability is not the result of a physical disorder. An individual who is physically disabled is one who has a physical impairment that substantially limits a major life activity.”
The new regulation defines the terms “developmental disability,” “physical disability,” and “mental impairment” and to outline procedures for those who seek exemption from the testing requirements. The definitions closely conform to the ones in the report quoted above.
One of the key requirements under the proposed rule will be getting an assessment of one’s physical condition from a civil surgeon or qualified individual or entity as designated by the INS. The physician must attest that the applicant has a disability that renders the individual unable to demonstrate the English proficiency or knowledge required for the exam.
The INS also states in the commentary to the proposed rule that it will provide “reasonable modifications in its testing procedures to enable naturalization applicants who have disabilities to participate in the process.” Reasonable modifications are said to include wheelchair-accessible sites, sign language interpreters, or brailled materials.
The final form of this proposed rule has suddenly become much more important to a great many people due to the recent passage of the Welfare Bill. A great number of elderly immigrants to the US will be losing need-based federal assistance in the coming months under the new law. For many, the only way to avoid a life of poverty is to naturalize and become a US citizen. Unfortunately, for many immigrants who come to the US in their later years, learning English is extremely difficult, if not impossible. Many hoped that given the changes in the Welfare system, INS would take a more liberal approach with this regulation. The Clinton Administration has also hinted that it will consider modifying this regulation to minimize the negative effects of the Welfare Bill.
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