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Lawmaker fears illegal immigrants can take CNA exams, get jobs if Pritzker signs bill

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(The Center Square) – A bill that had bipartisan support and is on the governor’s desk would remove eligibility requirements for individuals seeking to take a nursing assistant certification exam in Spanish.

House Bill 5218 requires the Illinois Department of Public Health to offer the exam and it prevents the department from implementing “impractical” eligibility requirements.

State Sen. Karina Villa, D-West Chicago, said the nursing assistant certification exam is currently available in Spanish, but no individual has been able to take the exam due to the requirements needed to take the Spanish exam.

“This bill does not include any changes to requirements regarding a candidate’s ability to complete their training in English or to use English in the workplace,” said Villa. “Establishing a simplified process to offer CNA exams in Spanish will allow more qualified candidates to become certified nursing assistants. Being bilingual is an asset and having more bilingual CNAs will support patients in diverse communities across the state.”

State Sen. Steve McClure, R-Springfield, urged a “yes” vote on the Senate floor. He pointed out that the Spanish CNA test costs more to take than the English test.

“We’ve got bilingual folks who are more comfortable taking written exams in Spanish, which makes sense,” said McClure. “We’ve got a lot of people who don’t speak English in our nursing homes and they need to be cared for. This is not an automatic entry into a position. After you take this test, you still have to apply for a job and the nursing home needs to interview you to make sure you meet the requirements for this particular facility.”

State Rep. Adam Neimerg, R-Dieterich, voted against the measure.

“Given the Pritzker administration’s continued efforts to circumvent federal immigration laws, the bill seems vague enough that it could be used to allow people who are here illegally to take the CNA test in Spanish,” Neimerg told The Center Square.

Neimerg pointed out that House Bill 5218 states, “The Department shall not place any restrictions on which candidates may take the exam in Spanish instead of English.” The fact that employment at a facility is not a requirement for the issuance of Spanish tests suggests to Neimerg that what this really is about is creating a pathway for jobs for illegal immigrants.

State Rep. Barbara Hernandez, D-Aurora, carried the measure in the House.

“This will not allow the department to place any restrictions on which candidates may take the exam in Spanish instead of English. Before there was an issue of employment they would only allow them [to take the test in Spanish] if they were employed before. So this [bill] would remove that,” said Hernandez.

Neimerg said he has no issue with people obtaining a green card to come to the United States and work, but he said laws need to be followed.

Hernandez explained that the bill does not obligate the employer to hire based on language. If a candidate takes the test in Spanish, but the employer wants that new hire to complete training or perform duties in English, that employer can still require that.

“This [bill] would just allow them to take the test in their preferred language, but if they get employed by an English-speaking facility then they will have to learn English as well,” said Hernandez.

In Illinois, as of Aug. 2, 2021, it is a civil rights violation for employers to discriminate against an employee based on their federally authorized work status. This means that any person legally authorized to work in the United States, regardless of the length of their work authorization, is protected by the Illinois Human Rights Act.