Outline with links of laws governing law enforcement agency provision of language assistance to limited English proficient (LEP) individuals.
Manual: Training Manual for Law Enforcement and Prosecutors on U Visas T Visas and Language Access
This is a comprehensive training manual, funded by the Office on Violence Against Women, for law enforcement officials and prosecutors that provides useful information and resources regarding U Visas, T Visas, and language access. It includes the U Visa Toolkit, documents providing information for how to best work with interpreters, and a quick reference guide on U-Visa and VAWA confidentiality related case law. It also includes information on how to identify limited English proficient (LEP) individuals, laws governing law enforcement agency provision of language assistance, and how to obtain interpreters.
This project was supported by Grant No. 2014-TA-AX-K030 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions and recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.
[pdf] Chapter 1.6: Working Effectively with Telephone Interpreters (+)
This brief guide provides law enforcement officers with useful information when using telephone interpreters to communicate with persons who are limited English proficient (LEP).
[pdf] Chapter 3.1: What’s Immigration Status Got to Do with It? Prosecution Strategies for Cases Involving Undocumented Victims (+)
[pdf] Chapter 3.2: Certifying Early: When Should You Sign a U or T Visa Certification for a Victim? (+)
[pdf] Dos and Don’ts to Help Law Enforcement Identify Victims, Witnesses, and Other Persons Who Are Limited English Proficient and Need An Interpreter (May 16, 2017) (+)
This document provides general Dos and Don’ts for law enforcement officers that assist in detecting whether a person is limited English proficient (LEP) and needs an interpreter to communicate fully and effectively with law enforcement officials. This tool will also help law enforcement officials determine whether they believe an interpreter would facilitate accurate communication and the officer wishes to have an interpreter to ensure accuracy in police reports and investigations.
[pdf] Questions to Use for Crime Scene Identification of Limited English Proficient (LEP) (May 16, 2017) (+)
These are sample introductory questions that an officer can ask when meeting a person that is potentially LEP. They are based on scenarios that an officer will likely encounter during his or her patrol. The goal is to ask questions that are not related to information the officer may need to for a criminal case, that can build rapport with victims and witnesses and avoid yes/no questions helping officers assess the need for a qualified interpreter to help LEP persons communicate with law enforcement and promote accuracy of police reports and criminal investigations.
[pdf] Steps for Obtaining Interpreters – Law Enforcement (August 21, 2016) (+)
This tool provides an overview of the U.S. Department of Justice recommendations regarding steps law enforcement officers should take when they encounter limited English proficient (LEP) persons and the process for obtaining qualified interpreters. What police may do in exigent circumstances is discussed as is the importance of obtaining a qualified interpreter once the scene is secure and the officer is taking information that will be included in the police report or part of the criminal investigation in the case.
[pdf] U visa Certification and T visa Declaration Toolkit for Law Enforcement Agencies and Prosecutors (August 30, 2021) (+)
By providing U‐visa certifications and T visa declarations law enforcement and prosecution officials add to their arsenal of crime fighting tools when immigrant victims feel safer coming forward to report crimes. This document provides the following background information on the U‐visa and T visa programs: an overview of the U‐visa and T visa; Quick Reference guides on the U and T visas, Statutory and Regulatory Background on U and T visas, Flow Charts, Protections for Family Members, Frequently Asked Questions, Timelines, Sample forms, Model policies, Screening tools, DHS brochures and infographics, and links to resource materials and news articles on U and T visa certification.
[pdf] VAWA Confidentiality and Criminal Cases: How Prosecutors Should Respond to Discovery Attempts for Protected Information (+)
This tool for prosecutors discusses best practices for prosecutors in responding to discovery requests from criminal defendants requesting information contained in the victim’s immigration case. The case could be a U visa, a VAWA self-petition or a T visa case and the discovery obligations turn on federal statutory VAWA confidentiality requirements and what is in the prosecutors possession. Generally only in U visas is the certification discoverable and not the full U visa case file. In other cases where there has been no certification, no part of the victim’s immigration case file would be discoverable.
[pdf] VAWA Confidentiality and Criminal Cases: How Prosecutors Should Respond to Discovery Attempts for Protected Information (July 24, 2017) (+)
This tool for prosecutors discusses best practices for prosecutors in responding to discovery requests from criminal defendants requesting information contained in the victim’s immigration case. The case could be a U visa, a VAWA self-petition or a T visa case and the discovery obligations turn on federal statutory VAWA confidentiality requirements and what is in the prosecutors possession. Generally only in U visas is the certification discoverable and not the full U visa case file. In other cases where there has been no certification, no part of the victim’s immigration case file would be discoverable.
[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.