Topic: Language Access

Materials and best practices about language access.

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[pdf] DOJ, Dear Colleague Letter to Courts Regarding Fines and Fees for Youth and Adults (April 20, 2023) (+)

Joint letter issued by the e Civil Rights Division, Office of Justice Programs, and Office for Access to Justice, addresses in detail the assessment of fines and fees against both adults and juveniles. The letter includes an updated discussion of the relevant case law on the assessments of fines and fees, cautions against discriminatory enforcement of fines and fees, and details the obligations of federal funding recipients to comply with federal statutory prohibitions against discrimination in the imposition and collection of fines and fees. Pages 16-18 of the joint letter discuss the how recipients of federal financial assistance, including court systems, must also comply with statutory prohibitions against discrimination in the imposition of fines and fees and this includes courts must, for instance, provide appropriate language assistance services to LEP individuals in connection with assessment and collection of fines and fees. Such assistance includes, but is not limited to, ensuring that court users with LEP have competent interpreting and translation services during all related hearings, trials, and motions, provided at no cost.

Published April 20, 2023 by

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[pdf] DOJ, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons (June 18, 2002) (+)

Final Department of Justice Guidance to all recipients of federal assistance regarding statutory and regulatory obligations to provide meaningful access to the benefits, services, information, and other important portions of recipient agency programs and activities for individuals who are limited English proficient.

Published June 18, 2002 by

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[pdf] DOJ Assistant Attorney General Letter to Chief Justices and State Court Administrators (2018) (+)

This letter provides state courts further clarity regarding the requirement that courts receiving federal financial assistance provide meaningful access to all court services for Limited English Proficient individuals including courtrooms and hearing in all types of cases and to court services including information counters, clerks offices, and all court ordered services (e.g., counseling, batterers treatment, guardians ad litem, child advocates). The letter emphasizes that:
“The Federal requirement to provide language assistance to LEP individuals applies notwithstanding conflicting state or local laws or court rules.”
“Dispensing justice fairly, efficiently, and accurately is a cornerstone of the judiciary.”
“Language services expenses should be treated as a basic and essential operating expense, not as an ancillary cost.”

Published 2018 by

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[pdf] Why Using an Interpreter is Beneficial to Law Enforcement (August 21, 2016) (+)

This document outlines the benefits to law enforcement officers of identifying LEP persons language access needs at crime scenes and during criminal investigations. These benefits include improving officer and crime scene safety, improving the likelihood of a successful prosecution, and ensuring that officers fully capture helpful statements from victims and witnesses.

Published August 21, 2016 by , ,

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[pdf] Language Access Tools for Courts and Court Programs (2013) (+)

The Volunteer Lawyers Project and Transcend developed this bench card tool that summarizes the Department of Justice’s letter to state courts on DOJ’s language access requirements and the American Bar Associations standards for language access in courts and covers language identification, the need for and where to obtain qualified trained interpreters and competent written translations and discusses language access best practices.

Published 2013 by

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[pdf] Executive Order 14091: Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (February 16, 2023) (+)

This Presidential Executive Order establishes Equity-Focused Leadership across the federal government, calls for delivering equitable outcomes through government policies, programs, and activities, embedding equity into government-wide processes, delivering equitable outcomes in partnership with Underserved communities, creating economic opportunity in rural America and advancing urban equitable development, advancing equitable procurement and affirmatively advancing civil rights. This Executive Order highlights the need to improve language access and services to underserved communities.

Published February 16, 2023 by

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[pdf] DOJ Americans with Disability Act’s (ADA) Requirements Effective Communication (January 2014) (+)

The ADA requires that State and local governments and businesses and nonprofit organizations that serve the public communicate effectively with people who have communication disabilities. The goal is
to ensure that communication with people with these disabilities is equally effective as communication with people without disabilities. This publication is designed to help these agencies who are title II and title III entities (“covered entities”) understand how the rules for effective communication, including rules that went into effect on March 15, 2011, apply to them.

Published January 2014 by

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[pdf] DOJ, Ensuring Language Access in the Courts (October 2023) (+)

The Civil Rights Division collaborates with state and local courts and stakeholders across the country to further the shared goal of equal access to the courts, regardless of English proficiency, and to ensure the integrity and fairness of the legal system for all. This publication provides examples of the Civil Rights Division’s enforcement and technical assistance activities that improve language access in state courts.

Published October 2023 by

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[pdf] Executive Order 14031 Advancing Equity, Justice, and Opportunity for Asian Americans, Native Hawaiians, and Pacific Islanders (May 28, 2021) (+)

Presidential executive order addressing anti-Asian bias, xenophobia, and racism, establishing a President’s Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders, and a White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders that includes provisions designed to improve language access.

Published May 28, 2021 by

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[pdf] Federal Funding Programs for State and Local Court Activities to Address Access to Justice for Limited English Proficient (LEP) Individuals (August 2011) (+)

Federal Coordination and Compliance Section, Civil Rights Division, U.S. Department of Justice publication providing charts describing federal funding opportunities available to state and local courts to support court’s work in providing language assistance services to LEP persons.

Published August 2011 by

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[pdf] DOJ: Remarks of Assistant Attorney General Kristen Clarke National Center for State Courts, Language Access in the Courts Convening (Virtual) October 26, 2023 (+)

Remarks of the DOJ Assistance Attorney General at an October 2023 Conference convened by the National Center for State Courts discussing the importance of language access in removing barriers to equal access to justice. and the work of the Justice Department’s Civil Rights Division in promoting language access to courts.

Published October 26, 2023 by

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[pdf] 2023 Administrative Conference of the United States (ACUS) Language Access Plan (+)

This plan issued by the Administrative Conference of the United States promotes public participation in federal agency rulemaking. The plan makes recommendations and provides links to resources to help federal administrative agencies ensure persons with Limited English Proficiency (LEP) can meaningfully participate in federal agency rulemaking, adjudication, licensing and investigations.

Published November 6, 2023 by

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[pdf] DOJ, Law Enforcement Letter Regarding Language Access Obligations (December 12, 2023) (+)

Letter from the Assistant Attorney General to law enforcement agencies regarding their language access obligations under federal language access law. This letter explains that “overcoming language barriers within a law enforcement agency is critical for three key reasons. First, accurate and timely communication protects officers and the public. When threats or other vital information are misunderstood, lives may be unnecessarily put at risk. Tragic consequences have resulted from officers’ inability to communicate in an accurate and timely manner with perpetrators, victims, or witnesses with LEP. Second, use of translation, interpretation, and other language assistance services promotes community trust and inclusion by sending a message that LEAs strive to equitably serve the whole community, irrespective of language barriers. Finally, accurate and timely language assistance also helps to ensure the reliability of witness accounts and other evidence. Collecting reliable evidence is at the very heart of the law enforcement mission and critical to achieving justice in the courtroom.

Published December 12, 2023 by

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[pdf] Attorney General Memorandum – Strengthening the Federal Government’s Commitment to Language Access (November 21, 2022) (+)

Statement from the Attorney General of the United States instructing the Assistant Attorney General for Civil Rights will work collaboratively with agencies to help determine: (i) whether agencies can further update their language access policies and plans; (ii) whether agencies are effectively reaching individuals with limited English proficiency when disseminating information about federal resources, programs, and services; (iii) whether agencies have considered updates or modifications to guidance to federal financial assistance recipients regarding their obligations to provide meaningful language access under the requirements of Title VI of the Civil Rights Act of 1964 and its implementing regulations; and (iv) whether agencies can adapt their digital communications to welcome individuals with limited English proficiency.

Published November 21, 2022 by

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[pdf] Model DOJ Complaint Form- Sample (2023) (+)

U.S. DOJ, Federal Coordination and Compliance Section, Complaint Form (2023) – This Sample provides an illustration of how to complete a complaint form regarding law enforcement not using qualified interpreters at the crime scene when responding to a domestic violence incident.

Published 2023 by

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[pdf] Training Materials for Victim Advocates and Attorneys (11.28.23) (+)

Training materials for family lawyers, prosecutors, and state family, civil and criminal court judges assisting immigrant crime victims Topics include: U visas, T visas, Family Law cases, VAWA Self-Petitions, VAWA Confidentiality, Public Benefits, Best Practices, Language Access, Webinars, Podcasts and more.

Published November 28 2023 by ,

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[pdf] State v. Maria L. The Nebraska Supreme Court (April 8 2009) (+)

State v. Maria L., (2009) filed an amicus brief in a case before The Nebraska Supreme Court in a termination of parental rights case in which an undocumented immigrant mother was denied language access to child protective services, the courts and the hospital. In a unanimous decision that Nebraska Supreme Court returned two children to their Guatemalan mother who had been deported and her parental rights were terminated by the state ruling that undocumented, detained and deported immigrant parents have the constitutional right to care for, have custody of, and control over their children.

Published September 25, 2023

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[pdf] In Re D.T. –O Maryland Court of Special Appeals (May 20 2021) (+)

“In Re D.T. –O” (Maryland Court of Special Appeals) NIWAP filed an amicus brief in a case before the Maryland Court of Special Appeals represented by K & L Gates LLP in a case in which Maryland State Child Protective Services used a parent’s immigration status and issues related to immigration status to terminate a parent’s parental rights. This amicus brief argues that federal preemption precludes Maryland from imposing penalties against undocumented immigrant parents fin custody and termination of parental rights cases. This together with failures to provide language access in this case violated the immigrant mother’s due process rights (May 20, 2021).

Published September 21, 2023

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[pdf] Trauma Informed – Structured Interview Questionnaires for Immigration Cases (SIQI)(April 27, 2023) (+)

The following questionnaires are provided to facilitate the Trauma Informed Structured Interview, which is the second part of the Trauma Informed Immigration Story Writing Intervention Method. During the story developing session, clients are encouraged to share their story uninterrupted while advocates and attorneys listen, take notes, and watch for triggers. This tool is designed to be used during follow up interviews with clients. This Structured Interview Questionnaire for Immigration (SIQI) will aid advocates and attorneys in eliciting additional in-depth information to strengthen their client’s immigration case and will also provide a complete picture of trauma and distress endured by survivors. The questions are designed to facilitate the client’s healing and to strengthen the client’s immigration application by uncovering important details of the story by screening for additional incidents, experiences, and emotional harms that contribute to extreme cruelty and/or substantial mental or physical abuse. Attorneys and advocates should explain the goals of this session to the client before initiating the trauma informed structured interview. This 2023 version incorporates questions helpful to assessing stalking behaviors and risk factors.

Published April 27, 2023 by

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[pdf] New Mexico Judiciary Administrative Office of the Courts: Language Access Services Annual Report 2020 (+)

NIWAP Director Leslye Orloff is featured in the New Mexico Judiciary Administrative Office of the Courts Language Access Services Annual Report 2020. Director Orloff was interviewed regarding language access to Limited English Proficient immigrant survivors.

Published January 27, 2021 by

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[pdf] COP Fundamentals on Remote Interpretation Presentation 10.27.20 (+)

This presentation focuses on the fundamentals of remote interpretation. It was created and presented by Ana Paula Noguez Mercado LLM from the Asian Pacific Institute on Gender Based Violence. She shares resources on remote interpretation and language access in during the pandemic.

Published October 27, 2020 by

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[pdf] National Survey of Service Providers on Police Response to Immigrant Crime Victims, U Visa Certification and Language Access (April 16, 2013) (+)

This report explores police responses to immigrant victims of crime from the perspectives of various service providers, including legal services, pro bono attorneys, social service organizations, domestic violence/sexual assault programs, law enforcement and prosecutors’ offices. The data presented are based on the results of a nationwide survey of organizations serving immigrant victims of domestic violence, sexual assault and human trafficking. We assess the effect that a history of ongoing collaboration between victim and legal services agencies and law enforcement has on U Visa certification practices and language access to the justice system. The paper also examines the experiences of working with Limited English Proficiency (LEP) clients and language access in the field and during legal procedures. A key focus of this paper is to identify factors that support improved access to culturally and linguistically appropriate resources and services, including the identification of systemic barriers that impede access.

Published April 16, 2013 by

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[pdf] Missouri Prosecutor Language Access Webinar PowerPoint (+)

This webinar was specifically tailored to a prosecutor audience in Missouri. It discusses language access requirements under Title VI and the American Disabilities Act as well as how to improve investigations and prosecutions by using language access tools. The goal of the presentation is to equip prosecutors with tools to enhance victim safety and participation […]

Published 2-6-2020 by

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[pdf] Summit and Lorain Counties Project for Limited English Proficient Persons (+)

This document includes model policies and procedures for law enforcement officers to serve and protect limited English proficient persons. It was published by Summit and Lorain Counties in Ohio as a resource for law enforcement regarding interpretation and translation services.

Published December 2, 2019

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[pdf] In Accordance with the Law: Working with LEP Domestic Violence and Sexual Assault Victims Presentation (+)

This presentation reviews the language access requirements of Title VI and the American Disabilities Act. The goal of this presentation is to improve investigations and prosecutions by using language access tools. Better language access plans for Limited English Proficiency (LEP) victims enhance victim safety and participation in the criminal justice system.

Published 11/21/2019 by

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November 21, 2019: In Accordance with the Law: When Your Victim Witness Speaks Limited English (Webinar)

NIWAP hosted this webinar on Thursday, November 21, 2019, from 11:30am-1:00pm (Eastern). This webinar outlines language access requirements under Title VI and the American Disabilities Act. With the help of NIWAP’s faculty experts, the webinar discusses best practices and language access plans that enhance Limited English Proficiency (LEP) victims’ safety and participation in the criminal […]

Published November 21, 2019

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*Language Access Materials for Police and Prosecutors (Updated 10/16/2019)

For more information and tools for improving language access for immigrant survivors see https://niwaplibrary.wcl.american.edu/language-access   Law Enforcement and Prosecutors Know Your Rights information Forms of Immigration Relief U and T Visas Forms U Visa as a Crime-Fighting Tool Prosecutor’s Tools Enhancing Work With Immigrant Crime Victims Screening Tools and Collaboration VAWA Self-Petition Public Benefits

Published October 16, 2019

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[pdf] Access to Justice for All Victims NCVLI (June 5, 2019) (+)

This Powerpoint outlines the importance of language access for victim equality, civil rights compliance, quality and trauma-informed services, cultural humility, and systems change. The presentation further elaborates on the consequences of lack of language access and explains the legal and ethical mandate to have adequate language access. Along with language access, the Powerpoint covers cultural […]

Published 06-05-2019 by

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*Language Access Training Materials (Updated June 18, 2019)

Language Access General Materials If you are a victim advocate, attorney, judge, or other professional working with an immigrant victim and you would like to receive case specific technical assistance on family law issues that arise in cases of immigrant crime victims, please call NIWAP for technical assistance.  (202) 274-4457 or email us at info@niwap.org.  […]

Published June 18, 2019

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[pdf] Do you have problems at home? (July 16, 2015) (+)

This booklet explains the legal rights of immigrant victims of family violence including domestic violence, child abuse and elder abuse.

Published July 16, 2015 by ,

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[pdf] Language Identification Card “I speak…” (May 2019) (+)

This language identification guide is a tool for law enforcement and other criminal justice agencies to identify the language of individuals they encounter who do not speak English. I Speak was adapted by Raksha, Inc and Tapestri, Inc through a grant with Dekalb Magistrate’s Court’s Compliance Court Project. It is based on the I Speak booklet created by a partnership effort of the Bureau of Justice Assistance and the Ohio Criminal Justice Service. This adaptation of the I speak guide contains the many more languages than other versions of this important I speak tool. (May 2019)

Published Mayy 2019 by ,

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[pdf] Immigration Options for Victims of Crimes (+)

Produced by the U.S. Department of Homeland Security covering Violence Against Women Act self-petitions, U visas and T visas. Information on Special Immigrant Juvenile Status and Deferred Action for Childhood Arrivals has been added by the National Immigrant Women’s Advocacy Project, American University, Washington College of Law. Downloadable one page (two sided brochure) available in English, Spanish, Russian, Korean, and Chinese.

Published June 30, 2011 by

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*Training Materials: Language Access (Last Updated – March 2018)

Courts DOJ Letter to State Chief Justices and State Court Administrators on Access for Limited English Proficient Persons to State Court Proceedings Judicial Bench Card for Court Interpretation DOJ: Frequently Asked Questions about the Protection of Limited English Proficient (LEP) Individuals under Title VI of the Civil Rights Act of 1964 and Title VI Regulations […]

Published March 7, 2018

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BUILDING LAW ENFORCEMENT CAPACITY TO SERVE IMMIGRANT VICTIMS

Table of Contents U-Visa “Helpfulness” Checklist CATEGORY: MANUAL DHS U and T Visa Law Enforcement Resource Guide Updated 11.30.15 Glossary of Terms for Work with Immigrant Survivors (November 15, 2017) U Visa Helpfulness Case Scenarios Collection of U-Visa News Articles Immigrant Crime Victims and U Visa Certification – What is it and Why Should Judges […]

Published February 20, 2018

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November 3, 2017: Rockford, IL “What do State Courts Need to Know about Immigration and Why: Human Trafficking and Family Violence”

Training Materials PowerPoint Presentations for Training Technical Assistance Flyer Immigration Relief for Crime Victims and Children Know Your Rights Information DHS Interactive Infographic on Protections for Immigrant Victims Immigration Options for Victims of Crime -DHS Brochure Multilingual Materials for Victims and Advocates Pathways to Immigration Relief for Students Forms of Immigration Relief Bench Card: Overview […]

Published October 31, 2017

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March 17, 2017: Honolulu, HI “Best Practices: Immigrant Crime Victims, Language Access and the U and T Visa”

The law enforcement training covered the best practices and recommendations based on Department of Homeland Security (DHS) regulations, policies and training materials on U and T visa certification and included a discussion of the benefits for law enforcement and prosecutors in following DHS’s recommendations for certification early in the case including in cases that are […]

Published March 17, 2017

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[pdf] Знай свои права (Know Your Rights, Russian) (+)

Независимо от вашего иммиграционного статуса,вы имеете право быть в безопасности в вашем,собственном доме.У вас есть право покинуть ваш дом либо выдворить из вашего дома того, кто подвергает вас и/или ваших детей физическому,эмоциональному или сексуальному насилию.Никто не имеет права причинять вам или вашим детям какой-либо вред.

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[pdf] Slides from “Helping Sexual Assault and Human Trafficking Victims: Holding their Abusers Accountable” (+)

These slides were presented by Leslye Orloff in a keynote address entitled “Helping Sexual Assault and Human Trafficking Victims: Holding their Abusers Accountable” at Youngstown State University on March 31, 2016. For additional materials relevant to this training, please visit www.niwap.org/go/Ohio2016.

Published March 31, 2016 by

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