Posted on December 8, 2020

Trump’s New Citizenship Test Is Full of Conservative Bias

Steven Lubet, Politico, December 3, 2020

On December 1, 2020, the U.S. Citizenship and Immigration Service began administering a new naturalization test to those hoping to become U.S. citizens. The test draws from 128 potential civics questions, with the approved answers posted on the USCIS website. The test is given orally, and all applicants for naturalization will have to answer 20 of those questions chosen at random, with a passing score of 12.

When the test was first released a few weeks ago, many critics focused on its needless difficulty and complexity. The previous iteration of the test, last revised in 2008, required applicants to answer six of 10 questions, drawn from a pool of only 100. Several new questions call for biographical details about Alexander Hamilton, James Madison and Dwight Eisenhower, while another asks for “the purpose of the 10th Amendment.” Critics of the new test believe that it is intended to create an additional and unnecessary barrier to naturalization.

But perhaps the most significant feature of the test is its decidedly conservative political tilt, sometimes to the point of inaccuracy.

Certain questions, for example, reflect the Trump administration’s position in a case that is currently under Supreme Court review. Earlier this week, the court heard oral argument in a challenge to Trump’s unprecedented attempt to exclude unauthorized immigrants from the census count for the purpose of apportioning seats in the House of Representatives. All nine justices seemed fairly skeptical of Trump’s plan, with Justice Amy Coney Barrett observing that “a lot of the historical evidence and longstanding practice really cuts against [Trump’s] position.” After all, the 14th Amendment provides that representatives be apportioned according to “the whole number of persons in each State,” which has always previously been thought to mean exactly what it says.

{snip} But fiddling with the census was not the Trump administration’s only opportunity to change our understanding of representation by limiting it to U.S. citizens. Here are two questions on the new naturalization test, as well as the only approved answers from the USCIS study guide, now embodying the Trump administration’s revisionist approach to government:

  1. Who does a U.S. senator represent?
  • Citizens of their state
  1. Who does a member of the House of Representatives represent?
  • Citizens in their [congressional] district

The acceptable answers have been changed from the 2008 iteration of the test, which accurately (at least for now, unless the Supreme Court decides otherwise) stated that U.S. senators represent “all people of the state.”

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The conservative spin does not stop there. For example,

  1. What are three rights of everyone living in the United States?
  • Freedom of expression
  • Freedom of speech
  • Freedom of assembly
  • Freedom to petition the government
  • Freedom of religion
  • The right to bear arms

Notably missing from the UCSIS answer list are the rights to counsel, due process, equal protection, and freedom from cruel and unusual punishment or unreasonable search and seizure. An aspiring citizen who gave one of those responses could presumably be marked wrong. Nor does “everyone” have the right to bear arms. It is a felony under current federal law for convicted felons, among others, to possess firearms or ammunition.

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There are other problems with the civics test, including its unnecessary complexity, its obsession with battles and wars, and the fact that only a single answer set includes any women by name (there are 11 naming men). The word “democracy” appears just once. {snip}

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