[pdf] Trauma Informed Structured Interview Questionnaires for Immigrant Cases (SIQI) (July 23, 2024) (+)

The SIQI tool’s goal is to help identify stalking and human trafficking that are co-occurring with domestic violence and child abuse. 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 2024 version incorporates questions helpful to assessing stalking behaviors and risk factors.

[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.

[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.

[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.”

[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.

[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.

[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.

[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.

[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.

[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.

[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.

[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.

[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.

[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.

[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.

[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.

[pdf] Training Materials for Victim Advocates and Attorneys (February 23, 2025) (+)

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.

[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.

[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).