What kind of absurd "argument" is this? If you're testing for a university in America, the expectation is that not only will the test be in English, but the vast bulk of your university courses. And Asian Americans, despite a large number coming from families of non-English speakers, still do disproportionately well. But if the local language is something you struggle with, that local university isn't for you, unless we're also going to argue that degree awarding requires lower standards.
In which case, just throw university in the dump because it's worthless.
If we're at a point where having a majority language and doing important business in that language is bordering on discrimination, this society is lost.