A recently released report shows a failure of the United States (US) Immigration and Customs Enforcement (ICE) agency to provide proper translation and interpretation services to detainees, causing them to misunderstand legal documents concerning their status and to suffer the lack of appropriate medical care. Published by the Kathryn O. Greenberg Immigration Justice Clinic at the Cardozo School of Law in New York City, the report is based on a survey of over 200 detainees and a review of over 800 official detainee complaints.
The results show a crucial issue of non-compliance with the agency’s own rules, as ICE’s internal policies mandate that detention facilities offer interpretation and translation services for detainees needing medical care or accessing law libraries. This right allows detainees to advocate for themselves both in the immigration process and during detainment. It is also prescribed by federal law. According to the report, the failure to adhere to this mandate “violates the language access guarantees enshrined in critical laws such as Title VI of the Civil Rights Act of 1964 and required by multiple longstanding executive orders.”
This violation is impacting an increasing number of people, with ICE now housing an average daily detained population of over 30,000 immigrants from over 170 countries. Of those detainees, 95% were or are held in the 125 immigration detention centers covered in this report, showing “a nationwide pattern of ICE failing to meet its language access obligations under its own rules and federal law.” Over 78% of respondents reported their medical conditions worsening due to their inability to access healthcare in a language other than English, while over 70% have never received language support in the law library, leading to legal setbacks.
Apart from highlighting the grave issue, the report also provides recommendations for government facilities to remedy these effects. Its authors call for ICE to ensure professional interpretation services for the detainees and proper language access training for the staff. They recommend intake procedures to evaluate detainees’ best language, with rights communicated in properly translated materials. Additionally, the US Department of Homeland Security must assign independent officers to ensure compliance to the language-access mandates, implement penalties for their violations, and create mechanisms for detainee complaints. Likewise, immigration judges should consider language access failures in bond determinations, and Congress should allocate funds and conduct oversight. The legal community is urged to advocate for detainees and support their representation.
