Speech #980217493

Prior to the time they could become residents they would either have a minimal understanding of ordinary English or be satisfactorily pursuing a course of study to achieve such an understanding. Those that came in before that time presumably have been here long periods of time and who are older would not have that same requirement. One of the reasons we think it is important to have that requirement with the first category. however. is that we found out through the refugee program that the inability to speak the English language is an impediment to successful entrance into the full benefits of American society. We have discovered. for instance. that if you happen to be a refugee with a Ph.D. but have no English proficiency. your ability to get a job is absolutely less than someone who has virtually no education but has an English proficiency and therefore has an ability to enter the job market. I think it is to the benefit of our society as well as to the recipients of this new legal status that they be encouraged to learn English. This does not mean they should lose their native language but it seems to me that we ought to acknowledge the importance of a minimal proficiency in English. as has been suggested on several occasions by the gentleman from Texas . A twotiered legalization appropriately treats the most recent illegal arrivals differently from persons who have lived in undocumented status for long periods of time. A temporary status gives an illegal alien who lacks the equities of longterm residence an opportunity to earn. and I underscore the word "earn." permanent residence through their conduct during a trial period. And while it is my feeling that there is no viable alternative to conferring legal status on many of those who are here in an undocumented status. a legalization that is overly broad. on the other hand. also carries great risks. Moving the legalization date to January 1. 1982. would confer the status of permanent residency on those who have been here for a period of as little as 2 years. and this would entail the right to petition for the admission of family members and to apply for citizenship after 5 years. It is in my judgment. therefore. imperative we not extend the benefits of legalization before the requisite commitment to our country has been established. Mr. Chairman. many Members may not be aware of the fact that there is a substantial turnover among undocumented aliens in the United States. This is reflected in estimates indicating that a large percentage of illegal aliens have entered in the last few years. The fact that we make the decision to legalize part of this undocumented population does not. therefore. mean that the residual population will live indefinitely in the United States in a limbo status. Many of these undocumented persons voluntarily return to their home countries after living here for but a few years. In addition. employer sanctions will make it more difficult for the residual undocumented population to remain in the United States and therefore the conferral of legal status with respect to a cutoff date as recent as that presently contained in the bill has the potential of making what would otherwise be a temporary population permanent. And I might add that the select commission recommended in a unanimous 16 to 0 vote that "no one be eligible for legalization who is not in the United States before January 1. 1980." That cutoff date would exclude anyone who is attracted to the United States as a result of the ongoing public discussions concerning legalization. Although 3 years have passed since the select commission issued its report in March 1981. it is not unusual for anyone to think that the legislative process would act more quickly than it has.