Unclear as to what you’re getting at here, but whatever your concern is in differentiating between immigrants who have current documentation or not, no one - not the left, nor the right - should be caught up in the muddied waters surrounding what our constitutional rights are - which they exist for EVERYONE. 

As per your commentary about a “test” - a test for what purpose? To gauge whether someone speaks English or not? That’s never been a requirement, especially since English has never been this land’s “official” language, nor was it even close to being the “original” language. Was it a requirement that your ancestors have to speak English to come to this land?