Do some state courts treat foreigners as second-class litigants?

February 22, 2017 § Leave a comment

Dear Colleagues:

For years, and especially during the past few months, there has been a lot of talk about the communities of foreign-born individuals who are physically present in the United States.  All aspects of their lives have been debated and scrutinized: from their immigration status to their religion, from their ethnic origin, to the language they speak at home. Many articles have been written, and many discussions have been held about their right to stay in the country, the impact they have on the economy, and the actions of the federal government regarding their admission to the United States and the exclusion proceedings instituted against them. The policy the federal government has adopted towards foreign-born individuals in the United States has been rightfully questioned, criticized and denounced.

As interpreters, we deal with foreign-born people on a daily basis. We see what happens at the immigration courts (EOIR), the United States Immigration and Citizen Services’ (USCIS) interviews, Equal Employment Opportunity Commission (EEOC) hearings, and the federal judicial system.  The news are not always good, but at least they are on the spotlight.  Scandals such as SOSi’s abhorrent practices towards immigration court interpreters, the White House’s six-country travel ban, and the talk about the wall between Mexico and the U.S. are forcing the issue, and eventually things will have to change.

Unfortunately, foreign-born individuals physically present in the United States as immigrants, non-immigrants, and undocumented, face another terrible injustice that is turning into a reality, and eventually it could become an everyday threat: I am referring to a practice followed by state courts in many places that is gaining popularity and acceptance by the establishment, sometimes due to ignorance or indifference, and many times because of incompetence and greed.

This modern form of potential discrimination by state-level Administrative Offices of the Courts against people whose first language is not English has to do with access to justice: It is evident to me that state governments could be systematically discriminating against people who lack fluency, or do not speak English, by denying them the services of certified court interpreters in languages with a certification program, just because state government officials want to save money.

It is undeniable that those states where the language access program is not managed by a professional interpreter are at a tremendous disadvantage because there is a person with neither knowledge nor interpreting background at the helm; but the problem is even worse. Some states where the head of the program is an interpreter, and many state-level courthouses with full and part-time staff interpreters are just passively allowing for this to happen without moving a finger for fear to lose their jobs.

The potentially discriminatory practice goes like this:

During the Obama administration, state-level courts were made aware of the fact that the federal government was going finally to enforce, after almost forty years, Title VI of the Civil Rights Act which allows the withholding of federal funds dedicated to the states when the latter do not provide universal access to all the services offered, even if some accommodations need to be made in order to avoid discrimination based on many categories, among them not being able to speak, or fluently speak English. This included all state-level courts.

Before this development many states were running court interpreter certification programs. California had its own program, and in July 1995 Minnesota, New Jersey, Oregon and Washington State founded a consortium. Other states joined the consortium, and many states began to offer the services of certified court interpreters for criminal cases. A handful of states even provided certified court interpreters for certain litigants in civil cases.  Unfortunately, lack of vision by the Administrative Offices of State Courts and by State Legislatures made the profession’s growth difficult because they refused to pay certified court interpreters a professional fee commensurate to the difficult, and sometimes dangerous, services provided.

This reality, coupled with judges’ ignorance that permitted non-certified court interpreters to appear in court, even though the needed language pair has a certification program, and certified interpreters were available, created an exodus of many of the best interpreters who migrated to more profitable interpreting fields, and made the profession less than attractive to new generations.

When the notice of enforcement of Title VI of the Civil Rights Act arrived, the states were faced with the possibility of losing huge amounts of money from the federal government. They knew that to save “their” money, they would need to provide access to justice to all individuals who did not speak English.

They finally realized what they had done (although they did not recognized it, or refused to acknowledge their fault). There were not enough interpreters to fulfill the federal mandate, and they did not want to lose their subsidies!

The best thoughtful solution to this problem would have been to boost the popularity of court interpreting as a profession by actively promoting the career and by making it more appealing. Responsible States would have developed a plan to encourage teaching of court interpreting at universities, colleges and community colleges. They needed to launch a campaign among high school students informing them of the potential opportunities as certified court interpreters. They needed to increase the times they offered their certification examinations, and they needed to pay an attractive professional fee, with cost of living adjustments, to all certified court interpreters. They needed to do this by lobbying State Legislatures for more funds, and if unsuccessful, by cutting or reducing other non-essential services and devoting those resources to the certified interpreter program. It was a matter of priorities and doing the right thing.

This did not happen. Instead of doing these things, state officials got together to see how they could keep the federal money coming their way. This is how the states came up with the Language Access Services Section (LASS), the Language Access Advisory Committee (LAAC) and the Council of Language Access Coordinators (CLAC). A system designed to protect their federal funds while giving the appearance of granting language access to all foreign-language speakers in State-court systems.

As a result of these developments, states opted for the easiest and cheapest solution, which basically follows three major principles: (1) Use video remote interpreting (VRI) as much as possible to reduce costs of an in-person interpreting service, and pay less to the interpreter as they would get paid by the minute, or in more “generous” states by the hour at a much reduced fee; (2) Use all those who demonstrated that they are not fit to become certified court interpreters, by creating a “new classification” of “credentialed interpreters” (Nevada) or “Justice System interpreters” (New Mexico) so that individuals who failed the court interpreter certification exam can work interpreting court proceedings; and (3) Use certified court interpreters as little as possible, while giving the appearance that these questionable new classifications had to be retained because no certified court interpreter was “reasonably available” to do the job.

This is happening in many states, and I ask you to please include in the comment section a report of what is going on in your own states. Because what is currently taking place in Nevada and New Mexico has come to my attention, I will share the main points with all of you.

The Nevada Administrative Office of the Courts is considering implementing this new category of paraprofessionals by rewarding those who fail the court interpreter certification test with access to work in court as interpreters. These decisions are being considered by the Nevada Court Interpreter Advisory Committee which is integrated by judges and administrators, and no independent certified court interpreter is part of the committee. Interpreters do not get notice of the Committee meetings, and so far, the person in charge of the interpreter program at the Nevada Administrative Office of the Courts apparently has shown no desire to inform interpreters ahead of time so they can at least attend the meetings.

Nevada courts use the services of way cheaper paraprofessional non-certified court interpreters even when certified ones are available, and currently, this state’s certified court interpreters are among the lowest paid interpreters in the country, despite the fact that judges and administrators make six figure salaries in Nevada.  It is clear that there is a problem with the state judiciary’s priorities.

The New Mexico Administrative Office of the Courts is already rewarding those who fail the court interpreter exam by using the services of these much cheaper paraprofessional “justice System interpreters” (JSI) even when certified court interpreters are available.  Under the excuse of unsuccessfully attempting to find a certified court interpreter, they are retaining the services of these individuals even when certified court interpreters were ready and willing to do the job. The State is also resorting to the way cheaper video remote interpreting (VRI) even when interpreters appear from other states and are not familiar with New Mexico law and procedure. It is very concerning that they are using this system and these interpreters for hearings of such importance as sentencing hearings.

The New Mexico Language Access Advisory Committee does include a disproportionate minority of independent interpreters; however, it is said that its meetings are sometimes hostile towards independent interpreters who raise objections to the dismantling of the certified court interpreter program, and that some interpreters have been refused work in the state court system even after all possible grounds for denial have been dissipated and proved unfounded.

Despite the fact that judges and the Director of the Administrative Office of the Courts make six figure salaries, New Mexico certified court interpreters have not seen a fee adjustment in a number of years, their expense reimbursements have been significantly reduced, and instead of having a professional relationship with a judiciary that makes an effort to prioritize access to justice and find funds to do it, they have been warned by the AOC that there is no money. They face an administration with an attitude that could be interpreted as contempt towards foreign language litigants, moved by a philosophy at the top that apparently believes that the AOC only has a legal obligation to provide “an interpreter”, not a certified court interpreter. To me, this is the pull the rabbit out of the hat principle where you create an “interpreter” category in order to get federal money. It is not about having a warm body next to the non-English litigant. It is about quality.  The federal law requirement had in mind a professional service.

I do not believe that this is the time for interpreters to take it on the chin. There is a lot of turmoil in the country at this time, but the rights of foreigners are center-stage. Let’s seize the moment to protect the profession and make sure that states do not get away with this plan which could potentially discriminate against speakers of a foreign language by treating them as second-class litigants.

I suggest you educate your communities, talk to your state legislators, and speak to your local media. All of it is necessary, but I also propose you do two additional things that could make the difference:

First, I wonder how many litigants are aware of the fact that the individual provided by the court to “interpret” for them is not a certified court interpreter; that in fact, they will be dealing with somebody who has already demonstrated that he or she is not fit to be a certified court interpreter because he or she failed the exam. I would approach people in the courthouse and make them aware of this circumstance; I would even print a flyer explaining to them that this “interpreter” categories are as good as a three dollar bill, regardless of what the government tells them. Ask them how they would feel if instead of a licensed physician, their outpatient surgery was going to be done by somebody who failed to become a licensed doctor.  Ask the foreign language speaker’s attorney what she or he would do if the court were to appoint a person who failed the state bar as the litigant in a divorce proceeding because there were no children to the marriage. You will see how fast they demand a real certified court interpreter for their case.

Second, organize yourselves either through your local professional interpreter association, or independently, and volunteer to attend court hearings where this paraprofessionals are “interpreting” (after all court is open to the public) and keep score. Write down every time one of these individuals is late for court, acts unethically, does something unprofessional, and makes an interpreting mistake. Write down how they enter their appearance in court, see if they claim to be certified court interpreters. After a few months, or during election time, send this information to the State Bar, to the publishers of voters’ guides, to the political parties, to non-for-profit organizations with tremendous weight in court elections such as Mothers Against Drunk Drivers (MADD) and to the local media. This way people will know who are the judges who care about access to justice, and who are the judges who only care about getting federal money.

I do not believe that these actions will solve all problems, but they will help to expose these programs for what they really are. If you do not do it, nobody will; not because they do not care, but because they do not know. I now invite you to share with the rest of us the current situation in your own state administrative office of the courts.

What is Presidents’ Day and how do you spell it?

February 15, 2017 § Leave a comment

Dear colleagues:

As it happens with other American holidays, many colleagues who live abroad, and others who live in the United States but grew up somewhere else, have asked me the meaning of the holiday we celebrate in the United States on the third Monday in February.  We have had forty five presidents in our country, and people often ask if we honor them all on this day. The answer is no. Let me explain.

The United States is a federation of fifty states and each state has its own legislation and decision-making process.  As a result of this system Americans have two types of holidays: Those that are observed in all fifty states called federal holidays, and those that are only observed in a specific state.  The latter ones are referred to as state holidays.  By comparison with other countries the United States has very few holidays.  The one observed in February is the third one on the calendar and it is just one of two holidays that commemorate the birth of a person (the other one is in January to honor the birth of Martin Luther King, Jr.)

All government offices close on federal holidays but the rest of the American people go to work on many of them.  The February holiday is one of those that the majority of the citizens of the United States will commemorate by going to work.

The U.S. has many founding fathers, all heroes and authors of the great country that we Americans enjoy today, but there is only one “father of the country.”  There is only one George Washington.  Because George Washington was born in the American state of Virginia on February 22, and he is the father of the country, in 1879 The United States Congress determined that all government offices in Washington, D.C. should remain closed to observe his birthday. In 1885 this was expanded to all federal government offices all over the United States.  On January 1, 1971 Congress passed the “Uniform Monday Holiday Act” and among other federal holidays, it shifted this one from Washington’s actual birthday to the third Monday in February.  As an interesting footnote I should mention that this piece of legislation moved the holiday to a day between February 15 and 21, so the observance never coincides with Washington’s real birthday on the 22nd.  For many years the holiday was known as “Washington’s Birthday.”

Abraham Lincoln, another beloved American hero, and our 16th. President, was born on February 12.  It was impossible to have two separate holidays to honor these two great men during the same calendar month, so for a long time Lincoln’s birthday was ignored.  A draft of the “Uniform Monday Holiday Act” would have renamed “Washington’s Birthday” as “Presidents’ Day” to honor the birth of both beloved presidents.  This is the reason why the observed holiday falls between both birthdays but it never falls on either.  The proposed name change failed in Congress and the holiday continued as “Washington’s Birthday.”  Lincoln’s birthday did not become a federal holiday, but several states, among them Connecticut, Missouri, and Illinois adopted it as a state holiday and they observe it on February 12, his actual birthday.

By the mid-1980s retailers and advertisement agencies started to refer to the holiday sales during this time-period as “Presidents’ Day” and the American people would soon follow suit.  Officially the holiday has never been named “Presidents’ Day.”  In fact, some state legislatures have chosen to honor Washington, Lincoln, and other heroes differently during the month of February. For example, the state of Massachusetts celebrates a state holiday called “Washington’s Birthday” on the same day that the federal government observes the federal “Washington’s Birthday,” and in May it celebrates a state holiday named “Presidents Day” honoring the presidents of the United States who came from Massachusetts: John Adams, John Quincy Adams, Calvin Coolidge, and John F. Kennedy.  In fact, the holiday falls on Kennedy’s birthday: May 29.  In Virginia where George Washington was born, the federal holiday is legally referred to as “George Washington’s Day.”  In Alabama the federal holiday commemorates Washington and Thomas Jefferson despite the fact that the latter president was born in April, and in New Mexico state government is open on the official federal “Presidents’ Day” because they observe it as a state-paid holiday on the Friday after Thanksgiving also known as “Black Friday.”

Now that we know that the third Monday in February is known as “Presidents’ Day” and it also serves the unofficial role of honoring Abraham Lincoln, and now that we understand that although a federal holiday, almost nobody but government employees have the day off on “Washington’s Birthday”, we need to talk about the correct spelling of this official federal holiday known to all Americans by its unofficial name: “Presidents’ Day.”

Today people refer to the holiday as “Presidents’ Day” and “Presidents Day.”  Both versions are considered correct by American dictionaries such as “Webster’s Third International Dictionary” and “The Chicago Manual of Style.”  As the use of attributive nouns has become common in the United States, “Presidents Day” has become the most popular term.  Of course, the spelling “President’s Day” is only acceptable when specifically referring to the birthday of Washington, and Washington alone.  So now you know what to do the next time they ask you to explain what Americans celebrate on the third Monday in February, whether or not you are willing to work on “Presidents Day,” and how to spell the name of this exceptionally unique holiday.  Please feel free to share your comments about the holiday or the way it should be spelled.

The Super Bowl: its influence in American life and public speakers.

February 7, 2017 § 1 Comment

Dear colleagues:

This past weekend the United States held the Super Bowl, an ever-growing part of American culture and lifestyle.  It is the most watched TV event in the country, and for all practical purposes, the day when the game is played is an unofficial holiday that happens to be more popular than most holidays on the official calendar.   We have previously discussed how this American football game is not the same football game played in the rest of the world.  This incredibly popular sport in the United States is known abroad as “American football,” and even this designation seems troublesome to many who have watched a little American football and do not understand it very well.  Although it is mainly played holding a ball, the sport is known in the United States as football for two reasons:  (1) Because this American-born sport comes from “rugby football” (now rugby) that in many ways came from soccer (football outside the United States) and (2) Because it is football, but it is not British organized football, which at the time of the invention of American football was called “association football” and was later known by the second syllable of the word “association”“socc” which mutated into “soccer.”  You now understand where the name came from, but is it really football? For Americans it is. Keep in mind that all other popular team sports in the United States are played with your hands or a stick (baseball, basketball and ice hockey). The only sport in the United States where points can be scored by kicking the ball is (American) football. So you see, even though most of the time the ball is carried by hand or caught with your hands, there are times when a team scores or defends field position by kicking or punting the football.   Now, why is all this relevant to us as interpreters?   Because if you interpret from American English you are likely to run into speakers who will talk about the Super Bowl, football in general, or will use examples taken from this very popular sport in the U.S.

Ten days ago, most Americans gathered in front of the TV set to watch the National Football Conference champion battle the American Football Conference champion for the Vince Lombardi Trophy (official name of the trophy given to the team that wins the Super Bowl) which incidentally is a trophy in the shape of a football, not a bowl.  It is because the game was not named after a trophy, it was named after a tradition.  There are two football levels in the United States: college football played by amateur students, and professional football.  College football is older than pro-football and for many decades the different college champions were determined by playing invitational football games at the end of the college football season on New Year’s Day.  These games were called (and still are) “Bowls.”  You may have heard of the Rose Bowl, Cotton Bowl, Orange Bowl, Sugar Bowl, and many others.  When a professional football game was created to determine the over-all champion between the champions of the American and National Conferences, it was just natural (and profitable) to call it the “Super Bowl.”

On this occasion, the fifty-first edition of the championship game was played in Houston, Texas, and the outcome of the game will likely be a topic many American speakers will include in their speeches for years to come.  For this reason, it is important that we, as interpreters, be aware of the result: The New England Patriots, a team that plays in the vicinity of Boston, Massachusetts,  defeated the Atlanta Falcons by coming from behind, overcoming a huge point difference, to win the Super Bowl in overtime after the was tied at the end of regulation.  The leader of this unprecedented come back was the Patriots’ quarterback Tom Brady.  Remember these two circumstances: The Patriots came from behind to win the Super Bowl, and Tom Brady led them to victory.  It will surely help you in the booth during several speeches by American speakers in the future.

As I do every year on these dates, I have included a basic glossary of English<>Spanish football terms that may be useful to you, particularly those of you who do escort, diplomatic, and conference interpreting from American English to Mexican Spanish.  “American” football is very popular in Mexico (where they have college football) Eventually, many of you will face situations where two people will discuss the Super Bowl; as you are interpreting somebody will tell a football story during a presentation; or you may end up at a TV or radio studio doing the simultaneous interpretation of a football game for your own or another foreign market.

The following glossary does not cover every term in football; it includes terms that are very common, and in cases where there were several translations of a football term, I selected the term used in Mexico by the Mexican media that covers the sport.

 

ENGLISH SPANISH
Football Fútbol Americano
National Football League Liga Nacional de Fútbol Americano
NFL N-F-L (ene-efe-ele)
American Football Conference Conferencia Americana
National Football Conference Conferencia Nacional
Preseason Pretemporada
Regular season Temporada regular
Playoffs Postemporada
Wildcard Equipo comodín
Standings Tabla de posiciones
Field Terreno de juego
End zone Zona de anotación/ diagonales
Locker room Vestidor
Super Bowl Súper Tazón
Pro Bowl Tazón Profesional/ Juego de estrellas
Uniform & Equipment Uniforme y Equipo
Football Balón/ Ovoide
Jersey Jersey
Helmet Casco
Facemask Máscara
Chinstrap Barbiquejo
Shoulder pads Hombreras
Thigh pads Musleras
Knee pads Rodilleras
Jockstrap Suspensorio
Cleats Tacos
Tee Base
Fundamentals Términos básicos
Starting player Titular
Backup player Reserva
Offense Ofensiva
Defense Defensiva
Special teams Equipos especiales
Kickoff Patada/ saque
Punt Despeje
Return Devolución
Fair catch Recepción libre
Possession Posesión del balón
Drive Marcha/ avance
First and ten Primero y diez
First and goal Primero y gol
Line of scrimmage Línea de golpeo
Neutral zone Zona neutral
Snap Centro
Long snap Centro largo/ centro al pateador
Huddle Pelotón
Pocket Bolsillo protector
Fumble Balón libre
Turnover Pérdida de balón
Takeaway Robo
Giveaway Entrega
Interception Intercepción
Completion Pase completo
Tackle Tacleada/ derribada
Blitz Carga
Pass rush Presión al mariscal de campo
Sack Captura
Run/ carry Acarreo
Pass Pase
“I” Formation Formación “I”
Shotgun Formation Formación escopeta
“T” Formation Formación “T”
Wishbone Formation Formación wishbone
Goal posts Postes
Crossbar Travesaño
Sidelines Líneas laterales/ banca
Chain Cadena
Out-of-bounds Fuera del terreno
Head Coach Entrenador en jefe
Game Officials Jueces
Flag Pañuelo
POSITIONS POSICIONES
Center Centro
Guard Guardia
Offensive Tackle Tacleador ofensivo
Offensive line Línea ofensiva
End Ala
Wide Receiver Receptor abierto
Tight end Ala cerrada
Running Back Corredor
Halfback Corredor
Fullback Corredor de poder
Quarterback Mariscal de campo
Backfield Cuadro defensivo
Defensive end Ala defensiva
Defensive tackle Tacleador defensivo
Nose guard Guardia nariz
Linebacker Apoyador
Cornerback Esquinero
Free safety Profundo libre
Strong safety Profundo fuerte
Place kicker Pateador
Punter Pateador de despeje
Penalty Castigo

Even if you are not a football fan, I hope you find this glossary useful in the future.  Now I invite you to comment on football, sports interpreting in general, or maybe you would like to share a “sports interpreting anecdote” with all of us.

A promise to the Iraqi interpreters.

January 31, 2017 § 3 Comments

Dear Colleagues:

September 11, 2001 changed the lives of everybody in the United States and in many ways it also changed the way so many live around the world. After the despicable attack on the American people, the U.S. embarked on two armed conflicts in a land thousands of miles away from America, and in so many ways different from the west.

Many young Americans were sent to the Middle East to fight these wars in Afghanistan and Iraq. Most of them were brave service men and women unfamiliar with the geography, culture, traditions, and languages spoken over there.  It became apparent that communicating in the local languages would be essential to the success of the military operations and to the safety of all Americans, military and civilian, in harm’s way. It was then that the United States armed forces recruited native speakers from the local population who spoke English, and were familiar with the culture and social structure of local tribes and governments, friend or foe.

Soon, these brave volunteers from Afghanistan and Iraq learned basic military skills and protocol, acquired the necessary knowledge to serve as a communication conduit between the Americans and the local dwellers, captured prisoners, and members of the official armed forces of Iraq and Afghanistan; they became the conflict zone interpreters of the United States Armed Forces. Many of them were motivated by their resentment towards the local governments and the corruption of their local officials, others did it out of hope for a new regime without religious persecution; some participated because of their sincere admiration for the United States and its values.  All made the commitment to serve as interpreters for the Americans despite the fact that they well knew that they were risking their own lives and those of their family members.

In exchange for these invaluable and much needed services, the American government promised these interpreters that at the end of the conflict, those who were alive, and their families, would be taken to the United States to start a new life away from any potential risk they may encounter in their home countries as a result of their cooperation with the U.S. during the war. This was an essential part of the agreement. These conflict zone interpreters knew that their heads would have a price once they started working for the Americans. They understood that they were not just risking their lives during the fire exchanges or door-to-door raids; they knew that if left behind by the United States, they would be subjected to unspeakable harm by those who considered them traitors. These interpreters and their families would be killed without a doubt.

When it was time to honor their end of the bargain, these brave interpreters fulfilled their promise by acting as communication liaisons and cultural advisors, to the Americans they were embedded with. They interpreted under the most extreme conditions: in the middle of a fire exchange, during unpleasant interrogatories, when helicopters were flying over their heads making it next to impossible to hear what a soldier or an enemy were saying, and while they were running for cover.

Once the U.S. decided to withdraw from the region, the surviving conflict zone interpreters expected the United States government to fulfill its end of the bargain and take them and their families to the United States. They had risked it all honoring their commitment to interpret from Dari, Pashto, Arabic, Kurdish, Syriac, Armenian, Turkmen, Hazaragi, Uzbek, Balochi, Pashayi, and others languages, into English and vice versa.  Now they waited for Washington to live up to its promises and protect them from the animosity and rancor that permeated their towns and villages.

The U.S. government slowly responded and started the immigration process for these born-abroad American heroes. Unfortunately, and to the dismay of the conflict zone interpreters, the men and women in the military they had helped and protected during the wars, and the international interpreter community, the process came ever so slowly. The entry visas were granted at a piecemeal pace. In fact, to this day, many of these interpreters and their families remain abroad, waiting for their entry visas, and worrying about the violence that constantly surrounds them back home.

Despite the efforts of many professional interpreter organizations and other non-governmental entities demanding that immigration authorities speed up the process, many of these conflict zone interpreters and their relatives have lost their lives during this wait.  It is important to mention that the United States government is not the only one delaying the issuance of these entry visas; regretfully, most western governments are doing exactly the same.

I have been fortunate to meet several conflict zone interpreters, and I am honored that some of them call me their friend. They are regular people. They have interpreting stories they like to share just like you, and they have tales of horror that leave you speechless after you hear them. Tales of fathers killed right before their eyes, older brothers recruited for the army against their will in the middle of the night, mothers and sisters raped in their presence, friends and relatives they never saw again. They went through so much, and yet they are kind, friendly people full of gratitude to the United States for bringing them to a safe place.

It is in the middle of this environment that President Trump’s executive order requiring “extreme vetting” before allowing entry to citizens of several countries becomes enforceable on January 28, 2017. Immigration officers inspecting foreigners arriving at all ports of entry to the United States are ordered to deny entry to all people from seven countries: Iran, Syria, Sudan, Libya, Yemen, Somalia, and Iraq. The ban includes those individuals who present a visa to the immigration authority, and even those who have been adjudicated status as lawful permanent residents of the United States.  Tragically, the executive order includes all Iraqis without any distinction; among them: all Iraqi conflict zone interpreters who were entering or reentering the country (certain individuals were excluded from this order for national interest reasons, but that is irrelevant to this post). To add insult to injury, the first Iraqi denied entry to the country at JFK International Airport in New York City was a conflict zone interpreter: Hameed Jhalid Darweesh!

What happened to the promised made to our Iraqi colleagues a decade and a half ago? They fulfilled their commitment to the United States, are we not?

Dear friends and colleagues, President Trump’s executive order covers many issues and has many consequences in the real world. As expected, it was challenged in federal court, and like all lawyers knew, the court granted a stay pending a hearing on the merits in February. I understand that many of you oppose the executive order in its entirety; I am also aware that many of you support it. This is not the place to attack or defend these different points of view. As a lawyer, I believe that some of its content will be overturned and some will be upheld by the courts. Those of you in favor or against the order will no doubt pursue different means to make your voice heard. What I ask you on this entry is non-partisan:  We must protect our profession, we have to support our conflict zone interpreter colleagues.

Please understand that the stay ordered on Saturday by Judge Ann Donnelly is temporary. Do not believe news reports, like Yahoo News, that immediately informed that the president had lost. That is false. What the judge did this time happens very often in cases when the potential damage caused by a government act could be serious and irreparable.  The court has to hear the case on its merits and then decide. This will happen next month, and at that time, she may decide that the government is right, that the government was wrong, or most likely, that part of the executive order is constitutional and part of it is not. Even in the event that the judge rules the order unconstitutional, the Administration will appeal the decision. I have no doubt that this case will end up before the United States Supreme Court.

This is too much of a risk. We have to defend our profession. We have to make sure that the promises to our Iraqi conflict zone interpreter colleagues are kept; that the agreement they entered over ten years ago is honored by our government. We have an opportunity to set precedent in our legal system so that it is clear that in the future, those foreign colleagues who cooperate with the United States in other conflict zones, regardless of geographical location, are protected and treated honorably once it is time to come back home.

Regardless of anything else you may do for or against this executive order, I invite you to contact the White House and the Department of Homeland Security and tell them to support an immediate exception to the executive order excluding from the ban all conflict zone interpreters and their families. Explain to them that they risked their lives for the sake of our country, and that the United States promised to protect them and bring them to America. Ask them to keep our promise the same way they kept theirs.  If you live in a State of district where your senators or representatives are Republican, please call both: their local and Washington office to let them know that these colleagues are heroes who fought for the United States and saved the lives of many of their constituents’ sons and daughters by putting their own lives on the line.  We have to do this. We cannot wait for the outcome of a court case that could take a long time and could grant admission to some of this interpreters and exclude others, particularly those who have never entered the U.S.

We have to make sure that the exception to the executive order, and any future legislation, will cover three types of conflict zone interpreters and their families, regardless of their country of origin: (1) Those already admitted to the United States who may reenter the country after a visit abroad; (2) Those already granted a visa to come in who have yet to enter the U.S., and (3) Those colleagues whose application for admission is still pending adjudication or pending a final decision after an appeal or reconsideration of an original denial. They all assisted the members of our armed forces. All of them have to be protected.

I know that some professional associations like AIIC, FIT and IAPTI,  nonprofit organizations like Red T, which  advocates for interpreters in high risk settings, and some interpreter programs like InterpretAmerica will make their voice heard on this issue. That is great; however, nothing gets the attention of a legislator like the voice of their own constituents; this is why you must call, email, or physically go to their local office. Let them know what interpreters do and how crucial is our work. Many of you have spent a lifetime educating attorneys, judges, physicians, nurses, agency managers, event organizers, sound technicians, and many others, so this should come naturally to you.

To conclude, I thank you for supporting our Iraqi colleagues, for defending our profession, and for setting aside your personal political agendas for the cause that we all have in common: The interpreting profession. I now invite you to share with the rest of us your experiences with conflict zone interpreter colleagues, from Iraq or elsewhere, you have met here in the U.S. or abroad if you were serving in the military with any of them. I ask you to please do so without any politically charged arguments for or against the administration, and I ask you to limit your comments to conflict zone interpreters or their family members.

Legal terminology and the good court interpreter.

January 27, 2017 § 10 Comments

Dear Colleagues:

For several months I have noticed a proliferation of blog posts, language agency advertisements, webinars, and conference presentations where the interpreter’s knowledge of legal terminology is emphasized.  Seminars, on-line and in-person, focus on the importance of legal terminology and are usually packed with lists of words and phrases found in statutes and regulations. Bilingual glossaries are given away as perks to those who paid to attend the talk, and power point presentations are full of sections of the law that were literally cut and pasted from the statute.

Attendees to this “terminology workshops” are told to memorize the new words and expressions just because “…that is what the Act says” or “this is the term found in the bilingual legal dictionary”, and their questions are often answered with the reading of more sections of the law, without giving any logical reason or explanation as to the why it has to be the way the instructor said so. There are many blog posts, language agency websites, webinars, and conference presentations where current and accurate terminology is shared, but there is absolutely no context.  This is dangerous and it is wrong.

Sometimes we read that a populist government, a well-known linguist, or a prestigious language institution issue statements advocating for legal terminology that is more accessible to the common individual.   This is also extremely dangerous, irresponsible, and very wrong.

Legal terminology is what it is for a reason: It deals with social values higher than accessibility; it deals with legal accuracy and legal certainty, two values that are needed in any society to keep individuals safe.  Free to pursue their lives as they please by creating legal transactions, forming legal bonds, and asserting their legal rights, which are necessary to reach their goals and be happy. To protect this higher values, a legal system needs to be complex and sophisticated. We need the proper terminology to put these concepts, which we call legal precepts, in writing for all to see and observe.  It is a fact that many times they will differ from conventional language, not because legislators, attorneys and judges wanted to, but because they had to. This is why we have lawyers in our society.

Memorizing legal terminology like a parrot is easy, it only requires of memory and patience. Knowing the “why” and “how” of a legal term, and understanding its different meanings and applications according to context is a different story: it requires a deep knowledge of legal philosophy, substantive and adjective law, and the development of an analytical capacity that allows the individual, who has the background mentioned above, to decipher hidden meanings, legislators’ intent, and applicability to the specific set of facts (there is a term in Spanish to describe this essential skill: “criterio jurídico”)  It is only then that we are in a position to truly know the meaning of a term that makes it applicable to our particular set of facts. We need to have context to know when and how to use legal terminology. Everything else is confusing, vague, and potentially damaging to the client.

In Mexican legal Spanish, the term for bankruptcy is different depending on the type of proceedings. The legal term “bankruptcy”, used in the American legal system does not give us enough information to decide the appropriate terminology. We would need to have context to determine if we are facing a Chapter 7 bankruptcy, in which case the correct legal term would be “quiebra”, or a Chapter 11 bankruptcy, as this would be translated or interpreted as “suspensión de pagos”. Without getting into Bankruptcy Law, I have to tell you that these are two very different legal figures and proceedings with very distinct consequences.

Black’s Law Dictionary defines legal interpretation as: “The art or process of discovering and ascertaining the meaning…” (Black’s Law Dictionary Centennial Edition 6th. Edition p.817)

To be able to properly interpret a hearing or sight translate a legal document, court interpreters must know legal terminology on both languages, but to provide a professional accurate rendition, the interpreter must understand the legal concepts and court proceedings being interpreted, and put everything that is happening at the hearing in context, so the choice of legal terms and concepts in the target language is correct.

It is essential that those teaching legal terminology are skilled in this area so they can answer questions with accuracy, and it is important that they explain the “why” and “how” of the legal terms and concepts that they are teaching. It is also very important that those paying for a webinar, workshop, or glossary, demand this knowledge from their instructors. Everything else is dangerous and unethical.  Please do not get me wrong, I am not calling for all court interpreters to have a law degree (although having one is a tremendous advantage). All I am asking is that you stop and think of all the possibilities before you utter a legal term in court, and that when you pay for a continuing education course, workshop, talk, or webinar on legal terminology, you make sure the instructor does have the required legal knowledge and skill to teach the subject correctly.

I hope that the next time you see an agency advertising that their interpreters know the appropriate legal terminology, you go a little deeper to find out if they are offering interpreters who truly know how select the applicable legal term or concept, of they are simply advertising bilingual parrots for hire. I now invite you to share with the rest of us your ideas regarding this crucial aspect of court and legal interpreting.

The new government could help interpreters in the U.S.

January 20, 2017 § 12 Comments

Dear Colleagues:

“We are sorry, but we will not be needing your services after all. We decided to hire some interpreters from the country of the people attending the conference…”  Does this message sound familiar? How about this: “…They decided not to retain me because they found somebody less expensive in South America.” (It could be Asia, Africa, or Eastern Europe).

Every interpreter in the United States (and other countries) has been part of this situation too many times in their career. The reality is that many agencies and event organizers are trying to save a buck, and with globalization, it is now very easy to hire a team of interpreters in a foreign country, offer to pay them in U.S. dollars (or euros), and bring them to interpret an event in the United States (or Western Europe) for very little money, compared to what professional interpreters typically make in that market. The foreign interpreters may be excellent, good, or bad; most likely, they will not be acquainted with the local culture, geography, current events, humor, and idiomatic expressions of the place where they are going to interpret, but they will save the agency a lot of money. To them, the little money they will get paid, and the second rate accommodations provided by the promoter of the event will be acceptable because they will be earning more money (and in hard currency) than their typical fees in their home market. The result is not good for the American-based interpreters who cannot afford to work for so little just because of the cost of living and doing business in the United States. I believe that it is not the best possible outcome for the audience either because the foreign-based interpreters (even some of the best) will not be able to understand and therefore interpret all the nuances of the speaker’s presentation just because they do not live in the United States.  Every U.S. interpreter has had this experience when working with a colleague who comes from a different culture, and we have also suffered the painful, stressful situations when we do not get a geographic site, local celebrity’s name, or regional expression because we do not live in the country.

The only one who relatively wins in this situation is the agency or event promoter; and I say relatively wins because they will eventually suffer the impact of this culture-deprived renditions.

To complete the sad picture I have just described, we have the case of those “less expensive” video remote interpreters who provide services for events held within the United States from abroad, and the telephonic interpreting services agencies that have moved a big chunk of their business to foreign countries with little overhead, lax legislation, and much lower salaries. The result: a good number of U.S. based experienced conference interpreters, willing to do video remote interpreting for a fee set by the American market, and many telephonic interpreters, including many who are just entering that market often encouraged by the same agencies alien to the profession but part of the “industry”, will lose their jobs or find little work because the bulk of the interpreting services to American clients are now provided from calling centers in Asia and Central America, and quite a few agencies look for video remote conference interpreters abroad without even looking for them in the United States.

This week a new president takes the oath of office in the United States, and a very prominent part of his agenda deals with protecting American jobs. This is where we can take advantage of the current mood in Washington, D.C., and demand that the new government keeps its promises to the interpreters and translators in the United States.

A new tougher immigration policy will benefit U.S. interpreters if we move our chess pieces wisely.  We must demand Congress, The White House, State Department, and Department of Homeland Security to enforce the labor laws of the United States. You see, most foreign interpreters brought by the agencies enter the United States on a tourist/ visitor visa without ever disclosing the fact that they will work in the U.S.

Working with a visitor’s visa is against the law; misrepresenting your purpose to enter the United States is cause for denial of admissibility and in some instances it could be a crime. Agencies that bring foreign interpreters this way are also breaking the law and should be investigated and fined by the federal government. If the law is properly enforced to protect American workers (that is: all of us) the agencies would need to file a work visa petition with an immigration service center, show a business necessity to bring that individual to do the job, demonstrate that there are no United States citizen or lawful permanent resident interpreters in the United States who are willing and able to perform the service the agency needs in exchange for the prevailing wage or fee for that service in that part of the United States. If the petition is approved, the foreign interpreter would need to attend an interview with a consular agent at the U.S. embassy in his country, and demonstrate that he is qualified to do the job, that he will go back to his country after the assignment is over, and that he has no criminal record anywhere in the world, including any past affiliation to terrorist groups or prior immigration violations in the United States such as deportations, overstays, or having worked without legal authority. Only then, and not a minute earlier, these people could enter the U.S. to work as interpreters for that conference. As you can imagine, this takes time, costs money, and often requires of the services of an immigration attorney. You see, dear friends and colleagues, all of a sudden the U.S. based conference interpreter got a lot cheaper than the foreigner, even if the agency needs to pay market fees in America.  This is our chance to end the “interpreter smuggling” that is happening right now in the United States. Of course, this does not cover foreign interpreters who come as part of the team of a foreign diplomat, head of state, dignitary, or celebrity. Those interpreters will enter the country with their client and for a specific mission that requires of them personally based on other characteristics. They will be paid in their home countries for a service that would not be performed by anyone else, American or foreigner. Even though it has been treated as one and the same, it is very different to enter the United States as the interpreter of the president of Argentina, and enter the country to interpret a conference at the Honolulu Convention Center.

The new government advocates a policy that keeps jobs in the States and will likely sanction those businesses who move abroad and try to sell goods and services back to the American consumer. There is no question that all these interpreting agencies that have moved abroad will qualify for sanctions as long as they provide their services to people in the United States. I believe that the fines and the cost of litigation to keep their facilities abroad selling their services in the United States will be more expensive than closing shop in Costa Rica or India and moving the telephonic interpreting center to Arizona or California.

I understand that this entry may not be very popular with many of my friends and colleagues abroad, but I ask you to please pause and examine your market structure so you can strive for better and more professional conditions in your own countries.  I also believe that much of what I say here can be applied, and in fact has already been implemented in some countries. Only when these conditions even up across the markets we will be able to universally enjoy the advantages of globalization.

You see, dear friends and colleagues in the United States, there is plenty we can do to protect the profession and advance our working conditions under the philosophy of the new administration.  I now ask you to share your comments with the rest of us, and I beg you to please limit your participation to the issues subject matter of this blog, and refrain from politically charged comments either for or against the new government.

How can I get work as conference interpreter?

January 13, 2017 § 14 Comments

Dear Colleagues:

The title of this blog entry is a question that I am asked everywhere all the time.  As I travel, I come across many great colleagues, some who just graduated and are now starting their professional careers, some veteran interpreters with a long experience in other fields such as court, healthcare, or military interpreting, and others who, for other reasons, have decided to try their luck as conference interpreters.

The story I hear is basically the same all the time: “I really want to be a conference interpreter, but there is no work”, or “who should I talk to if I want to work as a conference interpreter?”

These questions are valid, and they do need an answer, but before we get to that, I would like to emphasize something else: conference interpreting is difficult and very demanding. Because of its diversity of subject matters, the importance of the events to be interpreted, and the quality-demanding audience that listens to your rendition, it is like no other field. Although interpreting in other areas can be extremely hard, and sometimes it could be high-profile, no other interpreting work requires it every time.

I want to make sure that you understand that I am not saying other fields are easier; in fact sometimes they are more difficult as they demand an accurate professional rendition under adverse circumstances such as noisy courtrooms, military bases, and hospitals; and in the case of court interpreting, they require of a complete rendition with the interpreter having very little time to do it (as it happens with the short consecutive mode that is used in court for the testimony of a witness). I am just making the point that conference interpreting often requires that the interpreter work with a speech produced by a very sophisticated speaker, and (unlike other interpretations where sometimes the target’s native language skills are somewhat limited) it is always rendered to a very knowledgeable audience that, although monolingual, can easily recognize if the registry, terminology, grammar, general vocabulary, and skills of the interpreter are up to the level of the event to be interpreted.

For these reasons, it is quite important to be honest about our skills’ level at present time, and based on that answer, decide if we can move on to answer the question on the title above, or if we should work on our craft first, and postpone the question for later.

There is no single answer that tells us how to get work as conference interpreters. It is very different to work as staff or independent contractor for an international organization such as the OAS, UN, or the European Parliament, where you have to go through certain established protocols and systems, including testing and sometimes background investigations. The criteria to be satisfied and the approval process is also different for those interpreters who want to do conferences for government entities as staffers or independents. For these jobs, testing and security clearances are usually required, always following a process determined by the appropriate country government or particular agency. There is plenty of information on how to try to get these assignments, so we will not cover them further in this post. We will concentrate on how to get conference work as an independent contractor in the private sector.

Conference work in the private sector may include interpreting for corporations, colleges, professional associations, or political and special interest groups.  The events where interpreting is required can go from enormous conferences, business negotiations, professional lectures, and college courses, to political rallies, press briefings, or commencement speeches.  The only thing conference work never includes is the so-called “conference work” that in reality is community interpreting.

I am referring to the assignments to interpret a neighborhood association’s meeting, the planning of an action by a community organization, a recruitment effort by a religious organization, and similar jobs. They do not qualify as conference interpreting because they are done under precarious circumstances such as lack of interpreting equipment, even a booth or at least a table-top. In this so-called “conference interpreting” assignments the interpreter is expected to do the job in sub-standard working conditions and without any quality control.  It is not unusual to find an interpreter working solo on these projects, and there is a practice of mixing professional interpreters with para-professionals in an attempt to mask the lack of quality in the rendition. Organizers of these events believe that they can attract struggling professional interpreters hungry for conference work, and pay them a miserable fee, if they advertise the job as “conference interpreting”, even though it is not.

The first thing qualified professional interpreters need to do if they want conference work is to physically be where the action is. Unlike healthcare, community, and court interpreting, conference interpreting does not happen in every city and town. These are large expensive events, require of planning and take place for a purpose: dissemination of knowledge, motivation of a sales force, rallying behind a specific idea, candidate or organization, presentation of a newly discovered scientific finding, and so on.

Obviously, these events need to be held in cities with infrastructure, airports, train stations, hotels, convention centers, universities, and many times, other unrelated attractions such as beaches, amusement parks, or historical sites.  Conference interpreters need to be in these places; ready, willing and able to jump into an assignment at a moment’s notice. Event organizers, interpreting agencies, and direct clients will always go for the local talent first. It is more flexible and cost-effective. How can an agency call you at the last moment, or how can a colleague ask you to cover for her in case of an emergency, unless you live in the city where the conference is taking place?

Even in the age of remote conference interpreting, clients will go for the local interpreter first because that is the person they know.  It is possible to remotely interpret a conference from a small town anywhere in the world, but it is next to impossible for the agency or event organizer to find these interpreters in a place far away. Interpreters need to be where the assignments are, at least to be seen and acknowledged as part of the very competitive conference interpreter community.

My many years of experience doing this work have taught me that the international organization and government agency work in the United States is in Washington, D.C. and New York City.  I also learned, and statistics back it up, that the private sector conference work in America is in Chicago, Las Vegas, Orlando, New Orleans, Honolulu, and Miami.  My experience elsewhere, with my language combination, tells me that the action takes place in Cancun, Panama City, Buenos Aires, London, Dubai, Tokyo, and Kuala Lumpur.  Yes, there are secondary markets, many of them in the Western United States, but they do not have many year-round, simultaneous, world class events. It is not the same to host an annual big event in a city, or to have five to ten big events at the same time in the same city, several at the same venue, as it happens in Chicago’s McCormick Place.  I lived in a mid-size city in the Midwestern United States for a few years, and I did not get any conference work to speak of. Professionally speaking, those were wasted years that I will never get back.  To summarize: regular conference interpreting work requires relocation to one of these cities.

The next important thing to get work is to be able and willing to travel at any time, and with no advanced notice. I have gone from watching TV at home to an airplane bound for Europe with an hour’s notice. In fact, as I write this entry, I am getting ready for a trip abroad to cover an assignment I just got yesterday afternoon. Traveling for conference work means several things: (1) You need to be free to travel all the time without any personal, health, or family obstacles or complications; (2) You must be able to travel anywhere. This means that you have to be eligible to get visas to most countries in the world, and you always need to have a valid passport. (3) You need to be a good businessperson with resources to invest in your career.  This means that you must have the financial resources to buy a plane ticket and hotel room, many times at the most expensive rate because of the late purchase, knowing that it will take weeks, and sometimes months, to be reimbursed by the client. If nothing else, you need to have a healthy international credit card. Personally, just in case I have no time to do it at the last minute, I keep at home enough money in the most popular foreign currencies (euro, pound, Canadian dollar, yen, Mexican peso, etc.) so I can leave right away.  As you can see, conference interpreting is a career that demands a lot, and it is not for everybody.

Finally, to be able to get work, an interpreter who meets all the characteristics above, needs to get in touch with the most reputable agencies, event organizers, big corporations, and offer his services. These interpreters will not get any work, but they cannot give up. They need to insist every few months and systematically contact these major players until one day they get the call. It will probably be because a regular conference interpreter got sick, died, had a conflict or an emergency, and nobody else from the trusted regular roster was available. It is then that the agency will get a hold of the most enthusiastic new interpreter who never let them forget him, despite the fact that he did not get any work for a couple of years.

Then, it is totally up to you: the new interpreter, to be ready, prepared and willing to give the performance of your life. You will only have one chance to show your skills in the booth. This is the day when you must leave a good impression on the agency, event organizer, technicians, and more importantly, the other interpreters you will work with. These colleagues will give feedback to the client, and their opinion carries a lot of weight. They will also become your source of referrals if you are good. Be an excellent booth mate and shine.

One last thing: Please do not charge rock bottom fees for your services. It does not matter how excited you are with your first conference job.  The excitement will be gone in a month and you will have to live with your fees for a long time. A new interpreter who enters the market charging lower fees will soon become the pariah of the profession. Nobody will want to work with you. You must understand that charging less not only hurts you, it hurts your colleagues, and it diminishes the profession.

I hope this long answer helps some of you interested in this fabulous career of conference interpreter. I now invite you to share your thoughts on this topic.

Where Am I?

You are currently browsing the Uncategorized category at The Professional Interpreter.