Language Access
For a large percentage of the 25 million people with limited English proficiency (LEP), the ability to secure translation and interpretation services in courts and administrative hearings is essential but elusive. Without an effective way to engage in court proceedings, many are unable to advance or defend their claims. The stakes are high: as a result of miscommunication, people can lose custody of children, continue to suffer at the hands of an abusive partner, and forfeit hard-earned wages or the benefits to which they are entitled.
The Brennan Center partners with immigrant rights organizations and others to protect access to the courts for LEP communities. The Brennan Center's 2009 study of 35 states, Language Access in State Courts, exposed the failure of many state courts to provide interpreters to LEP individuals — often in violation of Title VI of the Civil Rights Act of the United States. Since then, the Justice Department has stepped up its enforcement efforts, and Colorado, Georgia, Utah, and other states have significantly improved their court interpreting programs. We are monitoring and working with local advocates to ensure that all state courts provide the necessary language access.
We also speak out to ensure that federal and state agencies are accessible to LEP individuals. The Justice Department’s Immigration Courts and Department of Homeland Security immigration interviews are just some of the administrative venues in which accurate communication is essential for LEP individuals.
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Holding Our Nation to Its Promise
Attorney General Eric Holder recognized me as a Champion of Change for helping low-income people get their day in court. The real heroes are those who fight daily in court to protect their lives and their families.
Homeland Security Issues Guidance on Need to Provide Language Access
The Department of Homeland Security recently issued long-awaited guidance informing the many organizations it funds that they must take steps to ensure that they can communicate with the people they serve. The most immediate beneficiaries will be people with limited proficiency in English (LEP) who seek help from the police or the Red Cross, but we will all benefit -- the effective, efficient operation of these essential taxpayer-funded services matters to us all.
Access to Federal Agencies Should Not Hinge on English Language Ability
This month, the Attorney General instructed the head of every executive agency to take immediate action to ensure that the agency is able to communicate with the people it serves, regardless of English language ability. In order to serve its customers, the federal government must be able to communicate with them. As the Attorney General wrote, “[e]vents such as the H1N1 influenza pandemic, Hurricanes Katrina and Rita, the Gulf oil spill, and the 2010 Decennial Census highlight the need for federal agencies to ensure language access.”
Illustrations by Risko
People Forced to Appear in Court Without Interpreters, Violating Federal Law
A new study of 35 states exposes the failure of many state courts to provide interpreters to people with limited proficiency in English (LEP) - often in violation of Title VI of the Civil Rights Act of the United States . . .
Brennan Center Weighs in on DHS Plan for Communicating with LEP Individuals
In response to an announcement earlier this month that the Department of Homeland Security (DHS) is drafting a plan to provide limited English proficient (LEP) individuals with access to DHS services, the Brennan Center submitted comments urging the agency to provide interpreters in immigration and citizenship interviews.
Brennan Center Comments on Department of Homeland Security Language Assistance Guidelines
The Brennan Center and 13 immigrant advocacy and legal aid programs filed public comments on DHS guidelines for federally funded entities that assist and administer limited English proficient (LEP) individuals in their contact with police and motor vehicle departments, detention centers and more.
Letter in Support of State Court Interpreters Grant Program Act, S.702
Brennan Center and allies urge Senate leaders to support bill that would improve language access in the courts
Immigrants Deserve Equal Access to the Courts
The ABA should vote to increase language access in the courts. This will show the nation that the legal profession is serious about ensuring that the courts are accessible to everyone, regardless of race, ethnicity, language ability and income
Fact Sheets | Language Access Problems Among Government Bodies
Fact sheets illustrating the serious harms and deprivations of rights that result when individuals with limited English proficiency (LEP) are unable to access essential government bodies.