December 5, 2016 § 11 Comments
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.
April 23, 2013 § 18 Comments
I constantly read about all the changes that modernity is bringing to our profession. I read of the new technological developments and I hear the voices of anger and fear from many in our profession. I must tell you that I fully accept and embrace these changes because they make our work easier and better: Who wants to go back to the days before computers and on-line resources when we had to drag along a library to the job? Is there an individual who longs for the days of endless consecutive interpretation before simultaneous interpretation equipment was introduced and developed for the Nuremberg Trials and the United Nations? We need to keep in mind that as interpreters we work with languages, and as all linguists know, a language doesn’t stand still. Language constantly evolves; it reflects our ever-changing human society. It is not like we didn’t know that languages change when we first decided to enter this career. I think that those who complain that there is too much new technology in the world of interpretation, and the interpreters who get angry when a new scientific term is created or the legal terminology of a country changes, should pause and think that it is not only their professional world that is being altered; they should think of all the engineers who gladly embrace new technology for our collective benefit, all the physicians who hurry to learn about the new discoveries published on the most recent science publication, all the attorneys who hit the books to learn the newly enacted legal reforms. I am glad that medical doctors don’t get mad when a new vaccine is announced. I am thankful that they embrace change and learn for the benefit of society. Dear colleagues, our profession is no different, we should face technological changes with the same attitude all other professionals do. And by the way, it is also the right business decision as modernization will not stop, it will not slow down, but it will surely leave us behind if we don’t adjust and embrace it.
Just like many of you, I have been doing more remote interpreting than ever before. At the beginning of my career I had my share of telephonic interpretation for the big agencies as many others did. After I developed my own clientele and as I became better-known I didn’t do much of this work for many years. There were a few exceptions and now and then I did the occasional business negotiation with a foreign counterpart that was done over a speaker phone, the court arraignments by video that some State Courts in the U.S. have been doing for about a decade, and the depositions by video with an attorney asking questions from a different location. Then we get the economic crisis and the need to rethink procedures to save money during difficult times. This is when a few years ago the immigration courts began to hold master hearings by video from the detention centers, and the federal court system decided to implement the Telephone Interpreting Program (TIP) now widely used to cover most of the outline areas of the United States.
Of course, I have done all of the above assignments and I am familiar with the technology employed, but we were still talking about events where the job was to interpret for one person, usually for a short period of time, generally in regard to a single topic well-known by the interpreter, and with the parties sitting down around a speaker phone or in front of a PC-type video camera. It was when I started to get requests to do conference interpreting from a facility different from the site of the event that I understood that the trend was irreversible. If I wanted to stay relevant I had to adapt.
I went down career memory lane to my previous assignments and selected those elements that I had learned doing all the jobs mentioned above. As I was doing it, I began to remember other experiences that would be helpful: Broadcast interpretation of live TV events that I did in the past such as award ceremonies, presidential debates, and political conventions came to mind. These were assignments that I had worked aided by a TV monitor and oftentimes from a different studio and even a different location after all.
Remote conference interpreting has been around for some time and it continues to grow. I have been able to solve some of my concerns as I have worked more of these assignments. It is obvious that a good sound system and a great technician are key to a successful remote interpretation. I have also learned that the broadcast quality is as important as the sound equipment. Sometimes the equipment is fine, but if the broadcast is poor you will suffer in the booth (or studio) and sometimes it is up to the events going on in the Solar System. Once I had a hard time on an assignment in the United States where the presenter was appearing by video from Scotland. Due to some solar flares affecting earth the transatlantic broadcast was choppy and the image and sound were very poor.
It is important to mention that remote conference interpreting is very appealing for our clients because it will always be more cost-effective than flying a bunch of interpreters to an event, paying for their hotel, ground transportation, meals, and travel time. It also benefits the interpreter as it allows us to do more work without so many travel days, and it puts us on a global market since the interpreter’s physical location will matter less. You can go from one job to another and still sleep at home. You can even do two half-day events on the same day.
At the beginning one of my biggest reservations about remote conference interpreting was that I would not be able to see the speaker or the power point on the screen whenever I wanted, or even worse, that I would never see those asking questions from the audience. Like many interpreters, sometimes I relay on facial expressions to determine meaning and to understand difficult accents. I have learned that the solution to all of these concerns can be found on the camera director. This is the person who sits in the video truck or the video room and switches from one camera to another. A good conversation with the director and his camera operators on the day before the conference starts can be extremely helpful. I have explained to them the importance of seeing the power point on the screen when the speaker changes slides, the advantage of seeing the speaker as he addresses the audience, and the absolute need of having on screen the person asking a question while he is speaking. This has made my life so much easier!
Of course, not all directors are the same, some are better than others (as I recently learned during an event on the west coast when the director did not work one weekday and the interpreters noticed it immediately, even before we were told that we had a different director for one day) and there are certain things that we miss with remote interpreting (like a world-class chefs’ cooking event I did last year where there were constant references to the smell of food that we could not experience from a different location) but I am confident that as technology advances, we as interpreters prepare better for this new challenges, and the market leaves us no other work alternative, the wrinkles will be ironed and we will be praising remote conference interpreting just as we now do with simultaneous over consecutive. I would love to read your opinions and experiences regarding this very important professional issue.