Immigration interpreters: Show courage, or prepare to die!

December 5, 2016 § 11 Comments

Dear Colleagues:

Last week many of our immigration court interpreter colleagues in the United States received written communication from SOSi, the government’s contractor, asking them to accept a new adhesion policy, which would require them to bid as low as possible in order to qualify for continuing sub-contractor status, as immigration court interpreters, after their current contract expires in a few weeks.

This notice, in the form of an ultimatum, required interpreters to provide their lowest possible hourly “rate” bid for the entire period of performance, and would become the sole basis for priority of case assignments in the future.  Moreover, the agency set top possible fees according to language combinations, and indicated that those bidding above said amounts would not be considered.

The maximum fees to be used as point of departure for this dive to the bottom of the barrel are insulting at best.  If you received the communication you saw the proposed maximum amounts, but for those of you who did not, it is important to be aware of the fact that these fees are way below the court interpreting fees set by the other federal courts (Article Three). The communication expressly mentions that SOSi will not honor the full-day or half-day rates policy that all other federal courts observe.  They also decided that travel expenses will be standardized with no room for negotiation, ignoring variations in cost of living, weather impact on travel, and so on. Finally, for obvious corporate reasons such as lack of candidates to be exploited at this time, and keeping up with this “serf-landlord model”, the agency gives interpreters a chance to extend their present fee conditions for a period of 45 days or until the end of January 2017.

The current Article Three federal court interpreter fees are: for a full-day of work $418.00, for the first half of the day: $226.00, for the second half of the day: $192.00, and $59.00 per hour or part thereof when the interpretation goes past 8 hours.

If you consider that the above federal court fees are for interpreters working under better conditions, such as team interpreting, access to court files for preparation, sometimes one or two cases for the day, reimbursement of travel expenses according to cost of living of the place interpreters travel to; and then you compare it to the conditions historically endured by immigration court interpreters: working solo (with bathroom breaks if you are lucky) hostile treatment in many courts, dozens of cases when interpreting Master Hearings, etc., then you come to the natural conclusion that immigration court interpreters should make the same fees as other federal court interpreters, or perhaps even more if working conditions do not improve. We cannot forget the difference in time elapsed before payment either.  As you probably guessed, immigration court interpreters have to wait longer to see their meager paychecks.

I am not going to go back to my conversations with many of you about a year ago when I warned you of future deplorable working conditions with this agency, and many of you assured me that everything was fine, that you had negotiated a better deal than ever before, and that SOSi had realized that interpreters should be treated as professionals. Well, it turns out that I was right, and that all those of you who refused to sign a contract and decided to look for other green pastures did the appropriate thing, broaden their professional horizons, and avoided having to deal with an agency that is so demeaning to all professional interpreters.

Obviously, as I said before, these posts are directed to those real professional court interpreters who are constantly improving their skills and pursuing certification (or qualification for those languages where no certification is available). I have nothing for those who refuse to pursue certification; that avoid continuing education, or argue that immigration court interpreting is so unique that no professional credential can benefit them.

But to those proud professional immigration court interpreters who view their occupation as a professional service and understand the importance of what they do, I invite you to consider this: Another year went by and SOSi continues its path to commoditization of immigration court interpreting; they moved ahead with their plan to transform you into language laborers who will blindly obey any order given without questioning. Their goal is to profit as much as possible (nothing wrong with that) by creating the illusion that they are providing a professional service while in reality delivering sub-standard interpretations without any regard for the consequences on the lives of those directly (respondents) and indirectly (American society at large) involved (this is wrong).

Dear colleagues, this is your last chance to act; by next year the monster will be too big for you.  It is clear that the agency’s goal is to get the cheapest possible “interpreter” available, and to continue to look for a cheaper one. It is also clear that they do not have enough of these language laborers at this time. Thus the reason for them to extend your current contractual terms for another 45 days or so. They need this time to find your replacement, not based in quality, but in bargain price.

As of today, without you they have to close shop. They just cannot provide the service EOIR hired them to do. Understand that you have leverage, keep in mind that by next year, with a more aggressive prosecution of immigration cases under a new White House, EOIR will surely need more interpreters than ever before. It is simple demand and supply. Today you control your destiny.

For this reason, it is important that you act, seize the moment, and protect your dignity. I invite you all to send a message loud and clear to SOSi, EOIR, and the immigration attorneys. Send your bids for a fee not lower than the federal court interpreter fee, and send it for full-day, half-day, and overtime. Tell them that reimbursement of travel expenses will be negotiated on a case by case basis, and do not sign the contract extension. Moreover, send your bids to SOSi, but copy the Executive Office for Immigration Review (EOIR), your local immigration courthouse, and the American Immigration Lawyers Association (AILA). Let them all know that you are professionals providing a critical service to the administration of justice.

Explain that you cannot accept the proposed conditions because of the complexity of what you do. Tell judges and lawyers that a SOSi certification is not a court interpreter certification at all; let them know that Spanish interpreters can obtain a federal court certification, that other languages can get state-level certifications, and that for those languages with no certification program, there are other options to prove your professional qualifications such as college degrees, translator certifications by the American Translators Association (ATA) or a passing grade on the translator or seminary-level interpreter exams by the U.S. Department of State (DOS).

During the last twelve months I learned how many people at EOIR were under the impression that a certification by SOSi was the same as the federal court interpreter certification. I saw the faces of many immigration attorneys when they learned that so many of the interpreters they regularly use in immigration court are not court certified, and I heard many of them telling me that, knowing now of this lack of certification, they understood why they never saw them in any other courthouse.

It would be unfortunate to learn that some of you decided to lower your head and take the extension, or bid according to their unconscionable terms. It would also be a gigantic waste of the greatest opportunity you will ever have to finally professionalize immigration court interpreting. Giving in, or giving up at this time would be the first step to your professional death. Immigration court interpreters, it is time to show courage and determination, or to prepare to die.

I now invite you to share your comments on this important topic at this crucial time.

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