We recently read this article by the American Translators Association that detailed the case of a Cameroon citizen applying for asylum in the United States. The individual reportedly spoke a pidgin variety of English, and was unable to fully understand the proceedings nor provide a testimony that was able to be recorded accurately. The judge in charge of the case erroneously believed that the individual would not need an interpreter as English was his “native language.” It was eventually determined that the judge violated the asylum seeker’s right to due process by not providing an interpreter.

That article reminds us of a recent situation we encountered. We had a client seeking asylum in a somewhat remote location in the United States who requested Triqui interpretation. We were about to provide a Triqui interpreter over the phone for telephonic interpretation, given that in-person interpretation in such a remote location was not really possible for the client. However, at the last minute, the asylum office decided that they did not allow telephonic interpretation. There could be any number of reasons for the telephonic interpretation cancellation. Yet, these incidents have got us thinking. What rights do non-citizens have in the United States, especially in regards to translation and interpretation?

According to Title VI of the Civil Rights Act of 1964, any program that receives Federal funds or financial assistance cannot discriminate based on race, color, or national origin of a person; this also means that these programs must provide access to people with limited English proficiency. Read more about Title VI here and more about Title VI and LEP services here.

However, Title VI does not provide an all-encompassing solution. Service providers are only required to take “reasonable steps” to give access to their programs to LEP individuals. Whatever the case, non-citizens do have the right to request language assistance from Federally-funded institutions. Non-citizen’s rights to have access to translation and interpretation is a basic human need for communication. We at Monterey Language Services are all for supporting the human rights that non-citizens deserve to have in whatever format that interpretation would be conducted, be it in-person, by phone, or over video.

This blog post is our first attempt to look into non-citizen rights to translators and interpreters, so stay tuned for more to come!