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!

Some countries, like Canada, have two or more official languages. This usually means that everything is required by federal law to be provided in both languages; in Canada, these are English and French. The United States as a country doesn’t have such a law, but there are other federal regulations regarding language access that have been implemented throughout time. Title VI of the Civil Rights Act of 1964 states that “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance,” which encompasses discrimination based on English proficiency. In 2000, Bill Clinton signed Executive Order 13166, entitled “Improving Access to Services for Persons With Limited English Proficiency,” to specifically address the issue of language access for limited English proficiency (LEP) individuals in America.

Some language access decisions and regulations are left to the states to determine as well. This allows states to customize their requirements based on the actual people who live in that state. For example, a study conducted by the National Health Law Program found that in California, there are 257 legal provisions related to language access in health care alone. In Wyoming, there are only four. There are many LEP communities and a wide range of different languages that are spoken in California compared to Wyoming, which is one reason why California has so many more regulations regarding language access.

Language access has incredibly important legal implications for many types of service providers. Each one needs to be sure that they are following the law and providing support for all necessary languages. Language service providers (LSPs) like Monterey Language Services make it possible to provide services in any necessary language. LSPs usually have a great understanding of the legal requirements and can even provide consultations on how to provide linguistic support that follows the law.

Even if there are no laws specifically governing language access for your product or service, you would want to make it as accessible as possible to clients and consumers. After all, the more people who can understand your offering, the more people who are likely to use or buy it!

At Monterey Language Services we are passionate about expanding language access; we believe that everyone has the right to communicate with people and understand information in the way that is best for them, and that often means it will not be done only in English. We work hard to provide services in languages that are as common as Spanish to ones that are rare like Triqui, so that everyone no matter who they are can both listen and be heard.