What is the Electoral College in the United States?

October 20, 2020 § Leave a comment

Dear colleagues:

Every four years during the Presidential election season in the United States many interpreters face the Electoral College topic even when their assignments are non-political. This time, no doubt because of the American president, more friends and colleagues from the United States and abroad have contacted me than ever before. Because of its American uniqueness, this topic presents a challenge to many colleagues who usually work outside the United States and to others who live in the country but grew up somewhere else.  The Electoral College is one issue that many Americans do not fully understand, even if they vote every four years.  Interpreters cannot interpret what they do not understand, and in a professional world ruled by the market, where the Biden and Trump campaigns are dominating broadcasts and headlines, this topic will continue to appear on the radar screen. Therefore, a basic knowledge of this legal-political process should come in handy every four years.

Because we are in a unique election cycle, and Election Day will be here before we know it, I decided to humbly put my legal background and my passion for history to work to benefit the interpreter community. I do not intend to defend the American system, or convince anybody of its benefits. I am only providing historical, political, and legal facts so we can understand such a complicated system in a way that if needed, our rendition from the physical or virtual booth is a little easier. This is not a political post, and it will not turn into one.

Every four years when an American citizen goes to the polls on the first Tuesday in November to elect the new president of the United States, that individual does not vote for the presidential candidates. We Americans vote for a preference (Republican, Democratic and occasionally other) and for electors who will go to Washington, D.C., the nation’s capital, in December to cast the electoral votes from that state, in the case of 48 states, for the candidate who represents the preference of the majority of the state voters as expressed on Election Day. Other two states, since 1972 Maine and starting in 1992 Nebraska, allocate their electoral votes in a semi proportional manner. The two state’s electoral votes representing the two senators from that state, are assigned to the plurality winner of that state’s popular vote, and the other electoral votes that correspond to that state are given to the plurality winner in the popular vote in each of the state’s U.S. House of Representatives district. Maine has 4 electoral votes and Nebraska has 5. This means 2 and 3 electoral votes respectively will go to the candidate who wins that district, even if the candidate does not win a plurality of the popular vote statewide.

We vote for the people who will go to Washington D.C., to vote on our behalf for the presidential candidate who received the most direct votes from the citizens of that state during the general election.  After the November election, those electors are pledged to the candidate who received the most votes in that state.  The result: We have direct vote elections in each state, and then we have the final election in December when the states vote as instructed by the majority of its citizens. It is like a United Nations vote. Think of it like this: Each state elects its presidential favorite; that person has won the presidential election in that state. Now, after the November election is over, the states get together in December as an Electoral College and each vote. This is the way we determine a winner. Each state will vote as instructed, honoring the will of its citizenry and the mandate of its state’s constitution.  We do not have proportional representation in the United States.

Historically and culturally this country was built on the entrepreneurial spirit: Those who risk everything want everything, and when they succeed, all benefits should go their way. We are an “all or nothing” society. That is even reflected on our sports. All popular sports invented and played in the United States have a winner and a loser by the end of the game: Americans dislike ties because they associate a tie with mediocrity. A baseball game can go on forever until a team wins.  We do the same in politics. Once the citizens have voted, the winner in that state (except for Maine and Nebraska above) gets all the benefits, in this case all the electoral votes; it does not matter if he or she won by a million votes or by a handful. You may remember how President George W. Bush was elected to his first term; he won Florida by a small margin, but winner takes it all, therefore all of Florida’s electoral votes went to him and he became the 43rd. President of the United States.  Thomas Jefferson and John Quincy Adams got to the White House with a margin smaller than George W. Bush. In recent years, another two presidents got to the White House without getting a majority of the popular vote: Bill Clinton twice, and president, Donald J. Trump. According to all presidential polls, if president Trump was reelected, he would go back to the White House after winning the electoral college, but losing the popular vote.

The electoral college was born to have a duly elected democratic government that would replace the monarchy Americans endured in colonial times. The state of communications and the educational level of the American population were such, that it was thought unwise to hold a direct presidential election where the winner of the popular vote would become president of the United States. Access to newly founded Washington, D.C., surrounded by swamps and, for Eighteenth Century standards, far away from most thirteen original states made it uncertain that all states would get to vote in a presidential election. Because only a handful of representatives from each state would go to the capital to cast that state’s votes for president, it was decided that only land holder white men would have a right to vote for these electors. It was decided to exclude white men with no land as they had no vested interest in the election; women were considered unprepared to make such a decision, blacks were slaves and deprived of human rights, including political ones, and Native Americans and other minorities were not considered citizens of the United States, and ineligible to vote.  Eventually, after a Civil War a century later, and several social movements a century after the War, all men and women born in the U.S., or naturalized American citizens, regardless of race, ethnicity, gender, or national origin, successfully claimed their human right to vote. The American population of the United States territories are nationals of the U.S., and they can vote in a presidential election if they are residing in the 50 states or the District of Columbia.

I mentioned earlier that most Americans like the principle of winner takes it all. Although that is true, the country’s political and legal systems rest on a foundation of fairness and justice. With a nation as diverse as the current United States, a majority believes the only way to maintain these principles is through a balance of the rights of the people on one side, and those of the states on the other. (For those who have a difficult time understanding why the states have rights separate from the people, please imagine the United States as a mini-world where each state is an independent country. Then think of your own country and answer this question: Would you like a bigger or more populated foreign country to impose its will over your country, or would you like for all countries to be treated as equals?) In December when the electors or delegates from each state meet as an electoral college in Washington D.C. to cast their state’s electoral votes, all states have a voice, they are all treated as equal.  This is the only way that smaller states are not overlooked; their vote counts.

We find the final step to achieve this electoral justice to all 50 states of the United States of America (and the District of Columbia) and to the citizens of the country, in the number of electoral votes that a state has; in other words, how many electors can a state send to Washington D.C. in November.  The answer is as follows:  The Constitution of the United States establishes there will be a House of Representatives (to represent the people of the United States) integrated by 435 members elected by the people of the district where they live. These districts change with the shifts in population but additional seats are never added to the House.  When the population changes, the new total population are divided by 435 and that gives you the new congressional district. The only limitations: An electoral district cannot cross state lines (state borders) therefore, occasionally we will have a district slightly larger or slightly smaller, and every state must have at least one electoral district (one house member) regardless of its population.  The American constitution establishes there will be a Senate (to represent the 50 states) integrated by 2 representatives or members from each state, currently that is 100 senators elected by all the citizens of that state. When new states have been admitted to the Union (the last time was 1959 when Alaska and Hawaii became states number 49 and 50 respectively) the senate grows by two new members.

As you can see, all states have the same representation in the Senate (2 senators each) regardless of the state’s size or population. The House of Representatives has more members from the states with larger population, but all states have at least one representative in the house. This way the American system makes sure that the will of the majority of the people is heard in Congress (House of Representatives) and it assures the 50 states that they all, even the smaller ones, will be heard as equals in the Senate. You need both houses of Congress to legislate.

Going back to the Electoral College, the number of electoral votes each state has is the same as its number of Senators and Representatives. The total number of Senators and Representatives is 535 (435 Representatives and 100 Senators) Washington D.C. is not a state; therefore it has no Representatives or Senators, but it has 3 electoral votes to put it on equal footing with the smaller states for presidential elections. Therefore, the total number of electoral votes is 538.  Because of these totals, and because of the American principle of winner takes it all that applies to the candidate who wins the election in a state, to win a presidential election, a candidate must reach 270 electoral votes.  This is the reason California, our most populated state, has 55 electoral votes (53 Representatives and 2 Senators) and all smaller states have 3 (remember, they have 2 Senators and at least one Representative in the House)

The next time you have to interpret something about the Electoral College in the United States remember how it is integrated, and think of our country as 50 countries with an internal election first, and then vote as states, equal to all other states, on the second electoral round in December.  Because on the first Tuesday in November, or shortly after that, we will know who won each state, we will be celebrating the election of a new president, even though the Electoral College will not cast its votes for another month. It is like knowing how the movie ends before you see it.

 

Electoral votes by state Total: 538;

majority needed to elect president and vice president: 270

State number of votes State number of votes State number of votes
Alabama 9 Kentucky 8 North Dakota 3
Alaska 3 Louisiana 9 Ohio 20
Arizona 10 Maine 4 Oklahoma 7
Arkansas 6 Maryland 10 Oregon 7
California 55 Massachusetts 12 Pennsylvania 21
Colorado 9 Michigan 17 Rhode Island 4
Connecticut 7 Minnesota 10 South Carolina 8
Delaware 3 Mississippi 6 South Dakota 3
District of Columbia 3 Missouri 11 Tennessee 11
Florida 27 Montana 3 Texas 34
Georgia 15 Nebraska 5 Utah 5
Hawaii 4 Nevada 5 Vermont 3
Idaho 4 New Hampshire 4 Virginia 13
Illinois 21 New Jersey 15 Washington 11
Indiana 11 New Mexico 5 West Virginia 5
Iowa 7 New York 31 Wisconsin 10
Kansas 6 North Carolina 15 Wyoming 3

I now invite your comments on the way presidential elections are conducted in the United States, but please do not send political postings or partisan attacks. They will not be posted. This is a blog for interpreters and translators, not for political debate.

We must come together as a profession on this issue.

September 17, 2018 § 2 Comments

Dear colleagues:

Imagine having to support a family when you are unemployed, poor, desperate, living in a country torn by war, ruled by a despot.  Then one day, somebody tells you that, because you speak a foreign language, you can become an interpreter for a foreign army. You are told that you will be paid for that service, and after the war, this foreign government will take you and your family to their country where you will be safe from retaliation, and will live a better life. Those of us living in a western nation cannot even imagine that situation, much less the ray of hope it means to many humans who live in that reality. This is the story, and the dilemma, of a conflict-zone interpreter.

You just noticed that today’s post is about interpreters in conflict zones. Please do not go away! I know most of you access this blog to read and debate topics related to conference, court, healthcare or community interpreting. Today please read this post from beginning to end, show your determination to defend the profession, and do something that will make you feel good as a human.

Throughout history, explorers, conquerors, traders, religious missionaries, and all others who found themselves in a foreign land where they did not understand the local language have used interpreters to accomplish their mission. Often, these interpreters have been local individuals who spoke both, the foreign and domestic languages, and with no formal training, but armed with their natural skills, and some powerful motivation, provided their able services even when it meant risking their lives and the lives of their loved ones. From Malintzin to Squanto, Boubou Penda to Luis de Torres, these interpreters, our colleagues, have contributed to the history of civilization providing a bridge that made communication possible when peoples did not speak the same language.

These interpreters have been essential in all armed conflicts: invasions, liberations, occupations, and peace negotiations. Many in recent history, like the Navajo Code-Talkers who serve the United States armed forces during World War II. Others, anonymously participating in conflict zones like Vietnam, Operation Desert Storm, and the Bosnian War.

Western nations have benefited, and still do, of the services of interpreters in conflict zones who assist military forces and civilian contractors in places like Africa and the Middle East.

From the start of the war in Afghanistan, and the U.S.-led invasion of Iraq, western nations participating in those conflicts scouted those two countries looking for local women and men who spoke the local language and that of the western country. The United States, United Kingdom, Canada, Australia, Spain, France, and others, recruited bilingual individuals, often with a professional education background (doctors, teachers, engineers) who had no employment due to the armed conflict or because of their political opinions, ethnic group, or religious beliefs. Some had openly opposed the local regimes and were personae non gratae in the eyes of the despot in charge of government, others quietly disagreed with the way their countries were governed, afraid to say anything the authorities could perceive as treacherous. Others’ sole motivation was to feed their families.

All these courageous humans knew what they were risking by helping the West. Besides the tremendous danger of being in a theater of operations in Iraq and Afghanistan where they could be killed during a fire exchange, and ambush, or by an improvised explosive device (IED), they knew the consequences if caught. Their execution, and that of their immediate family members was a reality they faced every day the worked with the foreign armed forces and independent defense contractors in their countries.  These were (and are) brave and courageous individuals. They also knew that all armed conflicts have a beginning and an end. They recognized the dangers they would face after the foreign troops left their countries. They knew their families, even if not involved in the armed conflict, would face the same consequences. To stay behind after the Western armed forces left would be a death sentence.

The United States and all of its allies were aware of this reality. They knew the only way to recruit much needed interpreters and translators was promising they would not be left behind. These conflict zone interpreters got assurances from the western governments they served that when the time to withdraw their troops came, they, and their immediate families would be taken to their countries to start a new life free from death threats and other retaliatory actions. In other words: conflict zone interpreters agreed to provide their services and the western nations promised they would take them to the United States, United Kingdom, Canada, Australia, Spain, France, and all other countries to use interpreting services for military and civilian personnel.  As we know, the troops withdrew from these countries, but many interpreters continue to wait for an entry visa to the country that promised to take them. Interpreters have been admitted to these western countries, but it has been a fraction. Many of those who have moved to their new countries endured a lengthy and cumbersome process. During this time, as expected, many conflict zones interpreters, and their family members, have been executed as traitors back home while waiting for a visa.

These interpreters, our colleagues, did their part, they rendered the service facing tremendous risk and unimaginable working conditions. They were essential to accomplish a mission; through their work they saved many western and local lives.  The West has not honored its word.

This is not a political post, and I am not arguing for or against the admission of refugees in any country. I understand there are very solid arguments for and against admitting refugees. I am not endorsing or condemning the armed conflicts in Afghanistan and Iraq either. Solely this post invites you all, interpreters and translators worldwide, regardless of your political persuasion, religious beliefs, or immigration stands, to join to protect the profession by supporting our conflict zone colleagues, just like attorneys help each other, as Marines leave no one behind. We need to raise our voice and tell the governments of those western nations who made a promise to these interpreters when they needed them, to walk the walk and deliver. We need them to know that we know, and we need to push for an expedient visa issuance system for these colleagues. Countries who break promises look bad and lose credibility. Interpreters who believed their promise continue to die while government authorities drag their feet motivated by politics instead of integrity.

Through my work as a civilian interpreter with the armed forces and defense contractors, and as an interpreter trainer, I have met several military and conflict zone interpreters who have served in different places. I have heard from them some horror stories of killings, kidnappings, rapes, and beatings. I have gotten to know many as friends and colleagues. I have met their families. I have also heard the tales of those less-fortunate still risking their lives while they wait for an answer from the West.

I also recognize the amazing, tireless, work of Red T, its compassionate and courageous CEO Maya Hess who I have the privilege to know personally, and the professional associations that support its efforts and share its values: The International Association of Conference Interpreters (AIIC) The International Federation of Translators (FIT) and many of its member organizations; The International Association of Professional Translators and Interpreters (IAPTI); Critical Link International, The International Council for the Development of Community Interpreting (CLI); and the World Association for Sign Language Interpreters (WASLI). Some time ago during the IAPTI Congress in Bordeaux France, I had the opportunity to hear Maya’s passionate description of their efforts to raise awareness and to get a United Nations declaration of legal and physical protection for translators and interpreters in conflict zones. On that occasion, she was joined by another fighter for protecting these colleagues: Linda Fitchett, Chair, Conflict Zone Group, AIIC. Just this Spring I had the opportunity to hear Maya once again, this time in Zaragoza Spain during ASETRAD Congress where she spoke before a big crowd of interpreters and translators, and was joined by some conflict zone interpreters for a round table discussion. On that occasion, ASETRAD conferred honorary membership to Red T. To learn more about Red T and to support their campaigns, please visit: www.red-t.org

My motivation to write this post at this time has to do with the Congressional elections in the United States this November. On November 6, Americans will vote to elect one third of the members of the U.S. Senate (according to the U.S. Constitution, the Senate renews its membership one-third at a time every two years) and for all the members of the House of Representatives. Political campaigns just started last week and all candidates will visit your hometown, attend townhall meetings, debate their opponents, pay attention to your phone calls, and read your mail.

This is the time to tell your senators and representatives running for office that as a professional interpreter or translator, and as an American who values your country’s word and promises, that you want them to pass an increase on Special Immigrant Visa numbers (SIV) for conflict zone interpreters and their families, and to expedite the visa processing times, at least to comply with the nine-month limit in the books which has not been observed. During the last 2 years the number of SIV approvals has declined and the process has seen considerable delays. The official argument is the security background checks. It is understandable and desirable that the government carefully review case by case, but it is also necessary that authorities consider previous background checks and past performance. Remember, these interpreters already worked with members of the U.S. Armed Forces and risked their lives to do their job. Please call the candidates’ campaign headquarters, your Senate and Congressional Offices back home and in Washington, D.C., and support our colleagues. I guarantee you will feel better afterwards.

Regardless of where you live, contact your U.S. Representative. Remember: They are all up for reelection. Please contact your Senate candidates if you live in these States:

Arizona

California

Connecticut

Delaware

Florida

Hawaii

Indiana,

Maine,

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Jersey

New Mexico

New York

North Dakota

Ohio,

Pennsylvania

Rhode Island

Tennessee

Texas

Utah

Vermont

Virginia,

Washington

West Virginia

Wisconsin

Wyoming

To contact the U.S. House of Representatives, go to https://www.house.gov/representatives

To contact the U.S. Senate, visit: https://www.senate.gov/reference/

If you do not leave in the United States, please contact the office of your President, Prime Minister, or Head of Government. You can also visit Red T to sign the petitions.

Remembering that no political debate will be allowed, I now invite you to share with you your experiences as a conflict zone interpreter, or your ideas on how to press Congress and foreign governments to live up to their promise to our colleagues: the conflict zone interpreters.

The best interest of the interpreter, not the agency’s.

August 29, 2018 § 6 Comments

Dear colleagues:

The Association of Language Companies (ALC) effusively announced that on August 8 of this year “leaders from the language service industry gathered on Capitol Hill to sound the alarm over new <disruptive> employee classification regulations that threaten to upend the $45 billion-per-year industry’s business model”.

Over fifty individuals attended their “policy summit” to “strategize an industry-wide response to the recent California Supreme Court ruling which narrowed the definition of who can be classified as an independent contractor”.

As part of a public relations campaign, many of these agencies’ representatives have been telling interpreters that the California Supreme Court decision is terrible and, unless it is neutralized, it will effectively destroy the interpreting “industry” leaving thousands of interpreters with no work. Without even hearing the details of the decision, and knowing how it will affect them as freelancers, not as agencies, some of our good colleagues celebrated the agencies’ lobbying efforts, and even praised them for “saving our source of income”.

I agree that the Dynamex decision by the California Supreme Court will affect freelance interpreting, but I disagree it will hurt independent interpreters and it will be the end of our profession as we know it. This court decision is a rare occasion when judicial decisions favor independent professionals over the special interest groups financed by the big multinational agencies, and if independent interpreters play their cards wisely, it will bring huge benefits to them. Let me explain:

We should start by understanding what the California Supreme Court decided on April 30, 2018 in Dynamex (Dynamex Operations West, Inc. Petitioner S222732 v. The Superior Court of Los Angeles County, Loa Angeles County, Respondent; Super Ct. No. BC332016, CHARLES LEE et al., Real Parties in Interest).

In an 82-page decision, the Court rejected the Borello test to determine whether workers should be classified as either employees or independent contractors for the wage orders adopted by the California Industrial Welfare Commission, for a worker-friendly standard that may change the independent contractor market. The California Supreme Court embraced a standard presuming that all workers are employees instead of contractors, placing the burden of proof on the agency or other entity classifying an individual (in our case the interpreter) as an independent contractor. For those of you who practice court interpreting: This is similar to the prosecution burden of proof in a criminal case. Although not subject to a “beyond a reasonable doubt” standard, companies, agencies, and other entities must overcome the legal presumption of employment (just like the presumption of not guilty in Criminal Law).

But, where does this decision originate?

Dynamex is a nationwide same-day courier and delivery service offering on-demand same-day pickup and delivery. Before 2004 Dynamex classified all of its California drivers as employees, but staring in 2004 they converted all of their drivers to independent contractors to save money on employee benefits and expenses related to income tax retention. A year later, a driver named Charles Lee entered into an independent contractor written contract with Dynamex. After leaving his work at Dynamex, Mr. Lee filed a class-action lawsuit on his own behalf and that of other drivers in a similar situation against Dynamex. During their time working for Dynamex, these workers had to work during the hours and according to the schedule unilaterally set by Dynamex; they received direct and strict direction from Dynamex in a subordinate relationship instead of an equal-to-equal relationship as expected by independent contractors, and the drivers could not work for someone else because they were always working for Dynamex under the described conditions. They alleged that Dynamex had misclassified them as independent contractors in violation of State law, including various sections of the Labor Code and the Business and Professions Code Section 17200 (engaging in unfair and unlawful business practices).

The case went through a long litigation in California until it finally reached the Supreme Court where the Court framed its decision by broadly characterizing the misclassification of independent contractors as harmful and unfair to workers, honest competitors, and the public. The Court did a long and detailed analysis of precedent, analyzing Borello, Martínez and Ayala v. Antelope Valley Newspapers, Inc. (59 Cal. 4th 522, 527. 2014)

The California Supreme Court rejected Dynamex’s arguments for applying said previous cases. Instead, the Court adopted the ABC Test to determine if an individual is an employee or an independent contractor. Under the test, a worker will be deemed to have been “suffered or permitted to work”, and thus an employee, unless the employer proves:

  • A. That the worker is free from the control and direction of the hiring entity in the performance of the work, both under the contract for performing the work, and in fact.
  • B. That the worker performs work that is outside the usual course of the hiring entity’s business; and
  • C. That the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.

Each requirement needs to be met for the presumption that the worker is an employee to be rebutted, and for a court to recognize that a worker has been properly classified as an independent contractor. If a worker is classified as an employee, the employer must pay Social Security and payroll taxes, unemployment insurance taxes, state employment taxes, worker’s compensation insurance coverage, and all Labor Law rules and conditions regarding wages, vacation, sick leave, overtime, maternity leave, etc.

Bringing the Court decision to the interpreting field, we find that most agency-freelance interpreter relationships will fail the ABC test.

Agencies would fail “A” because they micromanage interpreting assignments. From checking in and out when arriving or leaving the site of interpretation, to endless paperwork required for payment and other “rules”; not forgetting ridiculous dress codes, and other one-sided rules such as not talking with the client about interpretation.

They would also fail “B” because it would be extremely difficult to argue that the fact that an interpreting services agency is hiring an interpreter as an independent contractor, constitutes a service outside the course of the agency’s business; and

They would fail “C” because they hire the interpreter according to such schedules they cannot render the services anywhere else, they make them sign non-compete contracts, force them to hide their personal business from the client so the agency does not lose the client. In other words: an outsider could not see the difference between a staff interpreter working side-by-side with an independent contractor.

Now you know, the “industry leaders” are spending their money in lobbyists so they continue to pay rock bottom fees to most interpreters with no risk. They keep the money and the interpreter gets close to nothing, without having a say.

I don’t want you to think that all agencies are bad either; I happily work with some who respect me as a professional. I am not saying that freelancing is bad.  I do not want to be considered an employee of any agency or other entity.

I do not support what the multinational agencies are doing for three reasons: First, because I want to be the one who decides if I want to be an independent contractor or not. I do not want to leave the decision in the hands of greedy one-sided “industry leaders”. Second, I think that been treated as employees would be great for many colleagues who could not succeed in the freelance market. They would get a decent wage, and many other social protections that otherwise they would lack if they continue to freelance for those agencies who bring in the money for the shareholders (nothing wrong with that) and pay very little to the interpreter, so little it is not enough to afford a decent health insurance coverage and a retirement plan (this is wrong). My third and very powerful reason not to support this lobby effort is very important:

Now that there is a court decision that favors independent contractors in California, interpreters should seize the moment, take advantage of this leverage, and negotiate a system that benefits all professional interpreters: those who want to be staff and those of us who will continue to freelance. A system that keeps agencies in business, but eradicates the one-sided system most interpreters (out of necessity or because of lack of negotiating skills) endure today.  I propose this:

Raise our voice so the non-interpreters in the field (aka: the “industry leaders”) do not get away with passing one-sided legislation as they are trying right now. We have to act with energy and decision because they are pursuing an option as nefarious and unfair as the “Major League Baseball” exception Congress granted once and landed thousands of professional ballplayers in servitude where they could be bought, traded and sold having no input.

These “industry leaders” argue that Dynamex should not be applied to them, because they are not part of the “gig” economy. They told Congress they “exclusively” work with “…highly-trained and educated professionals whose success is dependent upon the highest quality of work…” adding that “…to be a professional linguist takes years of education and training…” They mentioned the State Department interpreters as an example. I wonder why they did this instead of mentioning the many interpreters they hire without a college degree but with a high school diploma, or how they justify laborer pay for such illustrious “linguists”.

We do not have the funds to lobby against this multi-headed hydra, and we cannot go to our largest professional association because it will not go against the interests of its corporate members, and they may even share the same lobbyists as the “industry leaders”. What we have is the right to testify in congress, appeal to the ACLU for help if needed and pertinent, and most important: We have our professional services and skill as leverage.

I wonder why we need to change the law and attack the Supreme Court decision. If agencies really want to work with the best, professional, trained, and experienced, they should have no problem complying with the ABC criteria. The problem is, dear colleagues, that they do not want the brightest professionals, they are too expensive. They want the high school diploma new paraprofessional interpreter who will work for a pay similar to Wal-Mart’s, and to avoid mistakes, she must do it under micromanagement conditions. They do not want the best because they would risk to lose the client. They want somebody so afraid of losing this laborer’s salary job, that he will never dare to tell the client he interprets independently from the agency, even when the client already knows it and sees this situation as ridiculous.

Interpreters, however, could join the “industry leaders” as a common front to pass legislation fair to all parties. Instead of eliminating the criteria in Dynamex, a fair legislation should allow for interpreters to opt out of the employee reclassification and remain as freelancers if they do it freely, with no coercion by the agency or other entity retaining their services, and both, the written contract and de facto performance demonstrate this was not a sham by the agency, but a real independent contractor. Interpreters could then negotiate with the retaining agency a professional fee that truly depicts their freelancer status and not an employee working under serfdom conditions.

At this time in California, and unless the law changes, interpreters should demand compliance with the ABC rule. As of today, with the Supreme Court decision as the supreme law in California, compliance protecting interpreters and our profession is possible:

“A” can be overcome by negotiating a written contract that clearly leaves the interpreter free of the agency’s control. It clearly states that interpreters will deliver the service they are retained for, but all conditions to implement the service and fulfill the obligation are left to the interpreter. No more stupid paperwork that requires hours of unpaid time; no more micromanagement in the contract and in the real world.

“B” will be more difficult to overcome, especially for the smaller agencies because the multinationals have so many other businesses through subsidiaries it will be costly, but possible to solve this requirement. Remember that it is the agency’s burden, so you need not worry about this one.

“C” is your real leverage. The agency cannot overcome this requirement without the interpreter’s cooperation. You will have to show that you have a website, or an office where you offer your services to other prospective clients; you will show you are a real independent contractor by showing the authorities how you are not contractually bound to secrecy when a client asks you for your services during an assignment with the agency. More important: without your cooperation, the agency can never prove this requirement.

We must educate ourselves so we do not jump up and down as cheerleaders to support this public relations propaganda campaign. Seize the moment and change the landscape. Make these “industry leaders” live up to what they preach and, using their own words, demand they only hire the highest quality of professionals with years of education and training. We can support them in their lobbying efforts, but only when all professional freelance interpreters are paid professional fees. Do not listen to those colleagues who live in fear, worship these agencies, and think they are doing them a favor by hiring them to work. There cannot be an interpreting agency without interpreters. There can be interpreting services without agencies. I now ask you to share your thoughts with the rest of us, and please be advised that comments defending agencies will not be posted. They have plenty of media outlets to proselytize. Here we want to hear the voice of the interpreters.

Disrespecting the (immigration) interpreter

August 31, 2015 § 34 Comments

Dear Colleagues:

For several weeks I have been contacted by many of our interpreter friends and colleagues. They have talked to me in person, over the phone, by text, by email, and through social media. The message was the same: interpreting services at the immigration courts of the United States are under siege.  They explained how the contractor who will provide interpreting services at all U.S. immigration courthouses had contacted them to offer unprecedented low fees and horrifying working conditions to those who wanted to continue to interpret in these settings. I know that many of you are not in the U.S. and most of you do not work as immigration court interpreters; however, what is happening there impacts us all as a profession, and could have an effect on the way you work in your respective fields or countries.

Basically, the contract to provide interpreting services at all immigration courts in the United States was awarded to a different company than the one that provided these services for the past two decades.  In the United States, these government contracts are awarded pursuant to a public bidding process, and after reviewing all bids, the government selects the bidder that better fits the criteria sought by the particular government agency. Although the required elements may differ here and there, the main factors to decide who wins usually include abatement of costs. In other words, the government looks for an entity that can deliver the required service at the minimum cost.  In this case, interpreting services at the immigration courts are contracted out to the best bidder by the United States Department of Justice (DOJ) Executive Office for Immigration Review (EOIR)

American immigration courts are not part of the judicial branch of the federal government; they do not fall under the jurisdiction and hierarchy of the U.S. Supreme Court and the Administrative Office of the United States Courts (USAOC) (Article 3 of the U.S. constitution) Instead, the immigration courts are administrative courts created by Congress. They are part of the executive branch of the federal government; in other words, they fall under the authority of the president of the United States through the Department of Justice (DOJ) and specifically under the Executive Office for Immigration Review (EOIR) (Article 1 of the U.S. constitution)

For full disclosure purposes, I must say that I do not interpret at the immigration court because I thought that the fees and working conditions offered by LionBridge, the interpreting service provider that will no longer have a contract with DOJ-EOIR in the new fiscal year (October 1) were about the most draconian, one-sided conditions I have ever seen in my professional life.  I have to say that I did interpret for them in the past pursuant to an individually negotiated contract that paid me a fee higher than their average, but because of the fee I had to be paid, that in my opinion was still quite modest, I have not been asked to interpret in immigration court for years.

Going back to the “offer” extended to those colleagues who were working in immigration court under contract with LionBridge and, for what I have learned, to some interpreters whose names were found on certified interpreters’ lists elsewhere, it is clear that SOS International (SOSi) (the new contractor) has offered between $30 and $35 dollars per hour, in some cases with a two hour minimum, or $118.75 for a half-day assignment (must work 4 hours) and $188.91 for a full-day assignment (must work 8 hours) Notice that if you work 8 hours you will be making “more money” because you will be working more hours, but in reality, your hourly fee will drop to $23.61

According to those colleagues I have talked to, these fee structure has been presented to them as non-negotiable (for now).

There are many non-professional jobs that pay way better than these fees that frankly speaking, are offensive for a professional service such as that provided by the immigration court interpreters.

SOSi is currently compiling a list of interpreter names and resumes to be submitted to DOJ-EOIR for security background checks and to show that they have enough interpreters to meet the immigration courts needs. That is why so many of you have been contacted and asked to provide your information.  On July 22, 2015 it was announced that SOSi had been awarded a prime contract by DOJ-EOIR for language interpreter services for a base period and four option periods extending through August 2020, with a maximum amount of $80 million dollars. In exchange, SOSi is to provide all management and supervision, labor, and supplies necessary to perform these services in all 50 states, the District of Columbia, and all territories (including Puerto Rico) in 59 immigration courthouses. (SOSi press release 7/22/15 Reston, VA) In my opinion, before providing our information and resume in a hurry, we should first learn who is SOSi.

SOS Interpreting, LTD is a family owned, New York-based business contractor founded in 1989 that works mainly in the defense and intelligence sectors.  The total obligation amount of Sos International, LTD a 465 employee company incorporated in New York in 1992, from 2000 to the present is $217 million dollars, and its total federal contract contracts from 2000 to the present are 56 (not clear if this total includes the new DOJ-EOIR contract) mainly with the U.S. Department of Defense (DOD) U.S. Department of Homeland Security (DHS) U.S. Department of Justice (DOJ) and the U.S. Department of the Treasury. According to USASpending.gov, just last year, they won 5 contracts worth $9.83 million dollars. (Source: www.InsideGov.com)

An audit of the Drug Enforcement Administration’s (DEA) language services contract with SOS International, LTD (contract number DJDEA-05-C-0020 Dallas Field Division) in February 2012 states that: “…Therefore, we are questioning $934,144 for hours billed for linguists who worked without current language certification…” (https://oig.justice.gov/grants/2012/g6012004.pdf)

On August 2, 2015 The Daily Beast reported in their article entitled: “The Company Getting Rich Off The Isis War” that: “…SOS International, a family-owned business whose corporate headquarters are in New York City, is one of the biggest players on the ground in Iraq, employing the most Americans in the country after the U.S. Embassy. On the company’s board of advisors: former Deputy Defense Secretary Paul Wolfowitz (considered to be one of the architects of the invasion of Iraq) and Paul Butler, a former special assistant to Pentagon Chief Donald Rumsfeld…” It goes on to say that: “…the contracts (SOSi) has been awarded for work in Iraq in 2015 have a total value of more than $400 million (dollars)…”  (http://www,thedailybeast.com/articles/2015/08/02/the-company-getting-rich-off-the-isis-war.html)

My point is, dear friends and colleagues, that even though LionBridge paid miserably low fees and offered demeaning working conditions (such as checking and fighting for the last minute of services, not covering per diem when traveling, and others) many interpreters have provided their services at the immigration courts of the United States in the past.  The interpreting community at large has always considered that for the above-mentioned reasons, working as an immigration interpreter has been a second-tier occupation. It is also known that, with some exceptions all over the country, (because there are some very good interpreters working this assignments) there are many mediocre individuals attempting to provide interpreting services at the immigration courts of the United States because they met one of LionBridge’s fundamental requirements: They were willing to work for very little compensation.

It is sad that, compared to what immigration court interpreters face today, those were the “good old days”. I think that interpreters as professionals should always strive to improve their skills and service. To me, this is a unique opportunity that the market is giving to those who have been, for way too long, imprisoned in the world of complacency that working for the immigration courts has created around them. It is time to reflect and look for another horizons in the interpreting world. I can assure you that, if you provide a top service, you will find clients and assignments that you never dreamed of. You will finally make the kind of income that a professional interpreter should make, and you will never look back to the dark days.

For those who want to stay in the immigration field because of vocational reasons or because a better income is not necessarily a top priority, I would suggest that you unite and focus on the fee and working conditions issue. Do not get sidetracked with other consequences such as protecting the rights of the respondent. That is not your job, duty or battle. Let the immigration attorneys and the American Immigration Lawyers Association (AILA) (www.aila.org) fight that battle. That is their job and duty.

I invite you to communicate with each other and focus on how you are being treated. Concentrate your efforts on developing a common front and sharing what is happening with the attorneys, AILA, and those non-for-profit organizations that constantly fight for the rights of immigrants.  I know that many of you are already meeting at your state or local levels, that many of you are chatting on line and creating forums and discussion groups. I hope you continue and fight with the same spirit of our friends and colleagues in the United Kingdom who walked out of the courthouses after their government awarded the interpreting services contract to an incompetent agency that decided to cut their fees, just like they are trying to do to you. Several years have passed and they have not surrendered, they have not gone back to the courts; instead, they have raised awareness about this issue among all interested parties.

I do not know what the new immigration court contractor would do if they do not have enough names and resumes by October 1, 2015 when they are due to start providing interpreting services all over the United States, but I know that it will give you an option to try to get a decent fee for your services.   At this time there is much said about Donald Trump’s immigration policy and how concerning that is to many in the United States.  It is a very important issue, but we should also pay attention to what the current government is doing; after all it is the Obama administration that awarded the contract to SOSi promoting by its actions this terrible situation that all immigration court interpreters are enduring right now.  As for the rest of us, I believe that we should follow the developments on this issue, and help our friends and colleagues by making public everything that transpires. Do not lose sight of the fact that the contractor is getting a huge amount of money from our government, they are not poor.

Remember, this government contractor seems to be determined to take advantage of the immigration court interpreters, but in the process, they have disrespected all interpreters and our profession.  I now ask you to please share this article everywhere you can, and please tell us what you think about this very serious issue.

InterpretAmerica: One Profession. One Real Profession.

June 9, 2013 § 4 Comments

Dear Colleagues,

It seems to me that a week never goes by without running into a colleague who is angry, frustrated, or confused about the new technology that is coming into our profession, an interpreter who is thrilled and excited about all these very same changes,  and a colleague telling me that he or she was misunderstood, humiliated, obstructed, or underpaid while doing his or her job.  Some of them react with anger, others with frustration, a few seem resigned, but a growing number of our fellow interpreters have been reacting to these real-life situations by taking action, doing something about it. Finally, interpreters finding a solution to this “never-ending” situation.

As those of you who know me personally (and many others have figured out by reading this blog) know, I have always considered myself a professional at the same level as all those who we provide our services to:  scientists, politicians, attorneys, diplomats, physicians, military officers, school principals; and I try to act that way when  I provide my interpretation services.  I feel that we should all consider ourselves a real profession, perhaps even a profession above many others as we are also a little bit of an art. For this reason, when I first heard of InterpretAmerica about three years ago, I immediately fell in love with this idea of Katharine Allen and Barry Olsen.

I attended InterpretAmerica the last time it was held on the east coast two years. It was like a dream.  The medical interpreters were there sitting next to the court interpreters, the military interpreters were having a conversation with the agencies; the equipment companies were there having a chat with the educational institutions, and the conference interpreters were sharing experiences, and learning, from the community interpreters.  All interpretation fields under one roof!  The colleagues from the east coast were there, so were those from the west coast, the European Parliament, the professional organizations, I saw board members and influential colleagues from ATA, AIIC, NAJIT, IMIA, and many more.

This week, InterpretAmerica will hold its Fourth Summit in the Washington, DC area.  Looking at the schedule and list of speakers, it looks like this will be a very useful and interesting event.  Unfortunately, this year I will not be able to attend the summit due to professional obligations, but I will be checking in regularly with many of my friends who will be there, and for the first time, I can follow the webcast of the second day if I chose to.  As you know, I have devoted this blog to everything important and useful to our profession. This is one of the most important efforts in the history of interpretation in the United States. I encourage you to attend the summit, to exchange ideas, to take those ideas back home where you should share them with your colleagues.  And to those of you who cannot attend this year’s summit, I invite you to get the webcast and to set aside the dates of next year’s gathering and go. I invite all my colleagues who are attending the summit, or have attended one in the past, to share their experiences for the benefit of all.  I wish all the best to Katharine and Barry.

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