ABSTRACT
In the United States, 85% of immigrants who appear in immigration court have limited proficiency in English and 63% do not have an attorney. Of those in detention, 86% do not have an attorney. Represented immigrants are four times more likely to be released from detention. Often the courts provide inadequate interpreters—who lack basic skills or who speak a different dialect from that of the asylum seeker. US attorneys have argued that the lack of standards for interpreters may violate the constitutional due process rights of non-English speakers.
This chapter discusses the history of the US government, its interactions with limited English populations in detention centres, as well as the urban activism that has been taking place at the local level of government on the issue of interpretation and translation rights. In light of the Trump administration’s stance on deportation and treatment of undocumented residents, some localities have responded swiftly with funding for non-profits to defend these residents in court. The chapter introduces a case study for the City of New York, and its work around ‘legal defence funds’ in relation to several other local jurisdictions and similar programming.
