Speech #930091840

In 1966. the Supreme Court of the United States in Katzenbach v. Morgan. 384 U.S. 641 (1966). sustained the constitutionality of section 4(e) of the Voting Rights Act of 1965 which prohibited States from conditioning the right to vote of persons educated in Americanflag schools in which the predominant language was other than English. The Spanishspeaking Puerto Rican citizens of New York had challenged the English literacy test requirement of New York in the Katzenbach case. The Supreme Court in holding the New York law unconstitutional. pointed out. at pages 654655: Congress might well have concluded that as a means of furthering the intelligent exercise of the franchise. an ability to read or understand Spanish is as effective as ability to read English for those to whom Spanishlanguage newspapers and Spanishlanguage radio and television programs are available to inform them of election issues and governmental affairs. It. is clear that citizens are deemed to have sufficient knowledge to exercise their franchise intelligently without literacy tests. or with a knowledge of Spanish or Hawaiian. or if. as in the case of the Puerto Rican citizen in New York. they can show they successfully completed the sixth grade. or whatever grade is required under State law. in an accredited school in any State or territory. the District of Columbia or the Commonwealth of Puerto Rico in which the predominant language is other than English. The Court in Katzenbach v. Morgan. supra. at pages 656658. pointed out that the question of whether or not Congress could have gone further in affording relief to persons literate in a foreign language to those educated in nonAmerican flag schools under section 4(e) of the Voting Rights Act of 1965 was not being decided in that case. Surely. we can go the one step further. We can and should permit potential citizens who are over the age where language comes easily to themI suggest that it is reasonable to determine that the age of 50 years is such an age in ones lifenot to be required to demonstrate an ability to read. write. and speak English in order to qualify for naturalization as a citizen of these United States. We should permit such a person over the age of 50 years to take the literacy test in his own language. The bill which I introduce would do just that. This bill would enable a person over the age of 50 years. literate in a foreign language. who meets all the other qualifications for naturalization. to take the literacy test in his own language. Further. it would permit such person over the age of 50 years. literate in a foreign language. to demonstrate. in his own language. his understanding of the fundamentals of the history and the principles and form of our Government needed to be a functioning citizen of the United States. In addition. my bill would waive the literacy requirement for those persons over the age of 60 years. who have resided in the United States for 20 years. who are illiterate. but who otherwise meet the qualifications for naturalization. These persons. over the age of 60 years. who have resided in the United States for 20 years. could also demonstrate their understanding of our form and principles of government in their own language. rather than in English. As I pointed out. when section 312 of the Imigration and Nationality Act became effective in 1952. persons. who were then over the age of 50 years and had been living in the United States for 20 years. were not required to demonstrate an understanding of the English language. including the ability to read. write and speak words in ordinary usage. Since that time. many good persons. legally admitted for permanent residence. find themselves in the same positionthey neither read nor write any language. It is. I submit. most reasonable to understand and acknowledge the great difficulty a person who has reached the age of 60 without ever having learned to read or write any language will have in trying to learn the intricacies of reading. writing. and speaking the English language with sufficient proficiency to meet a test of literacy in English as is now required by section 312 of the Immigration and Nationality Act. Therefore. to afford these worthy legally resident aliens. who would otherwise be eligible to become worthy citizens. an opportunity to become naturalizeddespite their lack of literacythis bill would waive all literacy requirements for such persons and permit them to demonstrate in their own language their understanding of the fundamentals of the history and principles and form of government of these United States. Mr. President. I ask unanimous consent that the text of my bill to amend Section 312 of the Immigration and Nationality Act with respect to certain tests for naturalization be printed in the RECORD at this point.