My Khanh Ngo, Staff Attorney, Immigrants' Rights Project

Noelle Smith, Skadden Fellow , ACLU Immigrants' Rights Project

Every year, thousands of asylum seekers from diverse corners of the world seek refuge in the United States. Many — like Indigenous people from Latin America and Africa — are fleeing persecution based on the languages they speak and their cultural, ethnic, and racial backgrounds. Their ability to access the asylum system has life-or-death consequences. Yet our government cuts off access to asylum and other fundamental rights based on language barriers alone.

The federal government has a responsibility to ensure people with limited English proficiency (LEP) can reasonably access its services. Failure to do so discriminates by excluding LEP people from federal programs. This infringes on LEP individuals’ constitutional due process and equal protection rights, as well as well-established language rights enshrined in federal law. Nevertheless, the government routinely denies asylum seekers critical language access throughout the asylum process.


Language Barriers Cut Off Access to Asylum, Cause Prolonged Detention, and Lead to Wrongful Deportations

Starting even outside the United States, anyone seeking asylum at the border generally must use the CBPOne app to obtain an elusive appointment. Beyond well-documented problems with accessibility, appointment shortages, racist facial recognition bugs, and other technical issues, the app is only available in English, Spanish, or Haitian Creole, with limited Russian and Portuguese features. Thousands of asylum seekers who speak other languages are left out, with dangerous consequences for those stranded in waiting.

Language access problems continue once LEP individuals finally enter the United States for asylum screening. The government admits that it struggles to provide interpreters for certain languages, especially rare or Indigenous languages, during screening interviews. As a result, asylum seekers often feel pressured to undergo interviews — which determine whether they can even pursue an asylum claim — in a more common language, even if they don’t speak it proficiently enough to communicate sensitive details of their claim.

Those who finally get an opportunity to apply for asylum must complete their application — a complicated legal document — entirely in English. For LEP asylum seekers in government detention facilities without translation or interpretation services, that’s impossible. Appallingly, immigration judges have ordered LEP asylum seekers to be returned to the countries they fled, simply because they could not fill out their asylum application in English, even when no language services were available. Moreover, immigration courts can’t find adequate interpreters for certain languages, leading to unnecessary and prolonged detention. Often, people are faced with an impossible choice: proceed in languages they don’t fully understand (and risk being denied protection) or give up. Effectively, the government blocks LEP people from presenting their asylum claims merely because of the language they speak — not because they lack a meritorious claim.


The Government Already Has Interpreters Available. Yet It Still Requires Affirmative Asylum Seekers to Find Their Own.

Affirmative asylum interviews are another glaring example of the government’s discrimination against LEP asylum seekers. Affirmative asylum interviews are a critical step in the asylum process — they are the only opportunity for someone to sit down with an asylum officer and explain their fear of persecution outside of the removal process. But for decades, the government has required LEP applicants to provide their own interpreters during these interviews. This puts a substantial logistical and financial burden on LEP asylum seekers, many of whom have limited financial means, and imposes an even greater burden on those who speak rare languages with only a handful of interpreters available across the country. LEP applicants who can’t find interpreters face delays or, worse, referral to removal proceedings.

Financial constraints force many applicants to use friends or family members to interpret. Serious ethical and practical concerns follow. Applicants may hesitate to share the full scope of their trauma or asylum claim with loved ones; untrained interpreters may lack an understanding of professional norms of confidentiality and conduct for interpretation or may struggle to accurately translate technical legal terminology. Inaccurate interpretation prevents applicants from fully presenting their claims, and can cause erroneous credibility findings.

The interpreter requirement is also inefficient and illogical. The government already contracts professional interpreters who monitor the quality of applicant-provided interpreters during interviews. That’s right: the government already pays for interpreters to participate in these interviews. It has stated on multiple occasions that these contract monitors can provide more efficient interpretation at no additional cost. But asylum officers regularly reschedule interviews when applicants fail to bring an interpreter, even though the government’s interpreter is already present.

During the COVID-19 pandemic, the government temporarily permitted applicants to use contract monitors as interpreters during asylum interviews. But the government recently and abruptly ended this policy without explanation, once again requiring applicants to bring their own interpreters. Now, more than ever, the government faces an unprecedented backlog of affirmative asylum cases with an outdated, inefficient, and discriminatory interpreter rule.


The Government Should Abandon Its Outdated and Discriminatory Rule

The ACLU is fighting back. Along with 52 organizations from across the country, we are petitioning the government to abandon its illogical and discriminatory rule requiring applicants to bring their own interpreters. Our ask is simple and common sense: change the regulation and permit asylum applicants to use the government-funded interpreters already present during asylum interviews at the applicant’s discretion. This will ensure that LEP asylum seekers have a meaningful opportunity to present their asylum claims and make one small but significant step toward bridging the gaps in language access in our asylum system.

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Thursday, April 18, 2024 - 4:45pm

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Language access problems plague every step of the asylum process, denying people with limited English proficiency their right to seek asylum.

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Kia Winter, she/her/hers, Head of Store, ACLU

Johanna Silver, she/her/hers, Digital Producer, ACLU

For decades, the ACLU has fought against the war on drugs. The criminalization of cannabis has led to far too many unjust incarcerations, which waste critical resources and billions of dollars. According to numbers from our 2020 report, it also disproportionately affects Black Americans, who continue to be almost four times more likely to be arrested for marijuana possession than a white person, despite equal reported use rates.

A map showing racial disparities in marijuana possession arrests.

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We’re fighting for not only the legalization of marijuana, but also for the repair of decades of past damage. Even as marijuana becomes legal or decriminalized in more states, rampant racial disparities still remain and thousands of people are still behind bars for innocuous cannabis charges. A more just system isn’t possible until all people incarcerated for marijuana are released and criminal records for these offenses are expunged.

This is why we celebrate 4/20 every year: to bring renewed attention to the fight for cannabis justice. With our new dope tees, trays, blankets and posters, we invite people to join in our fight to legalize marijuana and repair the harms of the war on drugs. This year’s products take on a retro aesthetic to honor everything 4/20. They feature groovy waves, earth tones, interesting facts and — everyone’s favorite mascot Torchy.

Check out the list of merch below, and be sure to return to our shop regularly during April, and tune in on our social media channels–we’ll be celebrating 4/20 all month long with exclusive deals!


A Super Soft, Conversation-Starting Tee

Price: $30

From the gym to the farmer’s market, you’ll want to wear this ultra soft, 100% cotton tee everywhere. The perfect conversation starter, we even included an important message on the bottom.


Dope Decorative Art for Your Space

Price: $12

Thinking about a Spring decor refresh? Look no further! Our 11”x14” Legalize and Repair Poster is the perfect size and perfect conversation starter.


A Handy Tray Calling for Cannabis Justice

Price: $20

The travel friendly Legalize and Repair tray has endless uses: from a jewelry catchall to a flat work surface for your hobbies.


A Grinder Perfect for Your Own Personal Blend

Price: $25

Our aluminum grinder is sturdy enough to grind even the dankest of herbs and spices. Cinnamon and nutmeg have met their match in our 4-piece grinder.


Snuggle Up With Your Favorite ACLU Mascot

Price: $115

Picnics will never be the same once the Torchy Woven Blanket is in your life. This blanket can also double as a tapestry for your home. Made of a thick, woven fabric, each blanket is custom made just for you.


A Cozy Crewneck Featuring Torchy in Action

Price: $66

With a unisex fit and an unbelievably comfy feel, the Legalize and Repair Crewneck is the perfect wardrobe addition. Pro tip: dress it up with a layered turtleneck.


A Retro Lunchbox for the Munchies

Price: $28

Keep your munchies close in our retro-style lunchbox featuring Torchy like you’ve never seen Torchy before. Feeling adventurous? Attach a bag strap to the handles and wear it as a crossbody bag (it’s called fashion).


A Small Matchbox With a Blazing Message

Price: $4.20

Spark up a conversation with our limited edition Torchy matches. Perfect for the candle connoisseur in your life (be sure to shop bright and early on 4/20–these matches will be free for the first 420 orders!)

 

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Monday, April 15, 2024 - 4:00pm

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