The U.S. Armed Forces and Memorial Day.

May 28, 2018 § 4 Comments

Dear Colleagues:

On the last Monday of May we observe Memorial Day all over the United States. Many friends and colleagues have asked me who do we honor and why. Others confuse Memorial Day with Veterans Day. Memorial Day is a federal holiday for remembering the people who died while serving in the country’s armed forces.  It also marks the start of the unofficial summer vacation season throughout the nation. Memorial Day is a day of remembering the men and women who died while serving, while Veterans Day celebrates the service of all U.S. military veterans.

On Memorial Day, the flag is raised briskly to the top of the staff and then solemnly lowered to the half-staff position, where it remains only until noon.  It is then raised to full-staff for the remainder of the day. The half-staff position remembers the more than one million men and women who gave their lives in service of their country. At noon, their memory is raised by the living, who resolve not to let their sacrifice be in vain, but to rise up in their stead and continue the fight for liberty and justice for all.

Now that we clarified what Memorial Day is, let’s talk about the armed forces of the United States. There are five branches of American armed forces: the Army, Marine Corps, Navy, Air Force, and Coast Guard. The President of the United States is the Commander in Chief.

The United States Army is the largest branch of the armed forces and performs land-based military operations. With the other four branches of the armed forces, plus the Public Health Service Commissioned Corps, and the National Oceanic and Atmospheric Administration Commissioned Officer Corps, is one of the seven uniformed services of the United States.

The United States Marine Corps is a branch of the armed forces responsible for providing power projection using the mobility of the Navy, to deliver rapidly, combined-arms task forces on land, at sea, and in the air.

The United States Navy is the naval warfare service branch of the American armed forces. It is the largest Navy in the world, with the world’s largest aircraft carrier fleet.

The United States Air Force is the aerial warfare service branch of the armed forces, and it is the largest and most technologically-advanced air force in the world.

The United States Coast Guard is a maritime, military, multi-mission service unique among the U.S. military branches for having a maritime law enforcement mission (with jurisdiction in both domestic and international waters) and a federal regulatory agency mission as part of its mission set. It operates under the U.S. Department of Homeland Security during peacetime, and can be transferred to the U.S. Department of the Navy by the president of the United States at any time, or by the U.S. Congress during times of war.

To complete this brief description of the United States armed forces, I would like to explain the Joint Chiefs of Staff.

The Joint Chiefs of Staff is a body of senior uniformed leaders in the United States Department of Defense who advise the president, the secretary of Defense, the Homeland Security Council, and the National Security Council on military matters. The composition of the Joint Chiefs of Staff is defined by statute and comprises the Chairman of the Joint Chiefs of Staff, the Vice Chairman, the Military Service Chiefs from the Army, Marine Corps, Navy, and Air Force; and the Chief of the National Guard Bureau, all appointed by the President following Senate confirmation. The Chairman of the Joint Chiefs of Staff is, by U.S. law, the highest-ranking and senior-most military officer in the United States armed forces and is the principal military advisor to the president, National Security Council, Homeland Security Council, and secretary of Defense.  Even though the Chairman of the Joint Chiefs of Staff outranks all other commissioned officers, he is prohibited by law from having operational command authority over the armed forces; however, the Chairman assists the President and the Secretary of Defense in exercising their command functions.

I hope you find this information useful and I hope that it may come in handy when interpreting national defense or military issues involving the United States. I now invite you to add any additional information you may consider useful and relevant to our practice as professional interpreters.

Understanding the Electoral College in the United States.

October 11, 2016 § 3 Comments

Dear colleagues:

During my career I have noticed that every four years during the Presidential election season in the United States many interpreters are faced with the Electoral College topic even when their assignments are non-political.  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.  In fact, the Electoral College is one of those issues 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 Clinton 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 very “different” campaign and Election Day will be here before we know it, I decided to put my legal background and my passion for history to work:

Every four years when an American citizen goes to the polls on a Tuesday in November to elect the new president of the United States, that individual does not vote for any of 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 the month of December to cast all electoral votes from that state, in favor of the candidate who represents the preference of the majority of the state voters as expressed on that Tuesday in November.  In other words, 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 of them votes. This is the way we determine a winner. Each state will vote as instructed, honoring the will of its citizenry.  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: We do not like ties because we 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 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 the state of Florida by a very 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 smaller margin than George W. Bush.

I mentioned earlier that we like the principle of winner takes it all. Although that is true, we are a country of fairness and justice with such diversity that the only way to achieve this goal 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 the states of the United States of America (all fifty states and territories that make this country) 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 that 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 that there will be a Senate (to represent the 50 states) integrated by 2 representatives or members from each state for a total of 100 senators elected by all the citizens of that particular 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 on the other hand, 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 all of them, 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 this 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 why 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 separate countries who have an internal election first, and then vote as states, equal to all other states, on the second electoral round in December.  Because on November 8 of this year 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

Interpreting political debates: Before and during the rendition.

April 29, 2014 § 5 Comments

Dear colleagues:

Every two years we have a primary election season in the United States where the two main political parties (Republicans and Democrats) pick their candidates for the general election in November. Two years after Americans elect a president, they vote again to renew the United States House of Representatives (425 members) and one-third of the United States Senate (33 or 34 Senate seats depending on the cycle because there are 100 Senators) Along with these national offices, many states elect governors, state legislators, and other local officials. Traditionally, before an election, all candidates running for a particular office in the United States publicly debate the issues. It happens within a political party during the primary elections and then again between the candidates from each party during the general election. Because the population of the United States is very diverse and complex, many voters do not speak English, or at least they do not understand it well enough to comprehend a candidate’s platform or position regarding specific issues. Add to this landscape the fact that many regions of the United States have very important concentrations of people from a particular nationality or ethnicity that may have issues that are relevant to their community even when they may not be as important for the general population. This happens with Hispanics and some other groups, and because of the number of people who are interested in a particular issue, there are debates specifically geared to these populations, often held in English because that is the language of the candidates, but organized and broadcasted by foreign language organizations and networks. This exercise in democracy means that we as interpreters are quite busy during political season.

Because of the number of elections and debates, primary elections tend to require more interpreters than a general election; also, due to the regional nature of a primary election, these debates are normally held in smaller towns and cities, increasing the practice of using the services of local interpreters.

This year has not been an exception. I have traveled to many cities and towns all over the country to interpret political debates in elections of all types: governors, senators, U.S. House members, local legislators, and mayors. Most debates have been live, in almost all of them I have interpreted for the T.V. broadcast, but there have been some recorded debates and some radio broadcasts as well. As always, when interpreting a debate I usually run into the same colleagues: the same local professionals, or the same national interpreters (meaning interpreters like me, who by decision of the organizers or the networks, are brought in from a different city) for the races that have a higher profile. Although I know that the pattern will repeat during the general election in the weeks and months before November, I also know that sometimes new interpreters are invited to participate in these events. This year I already worked with some interpreters new to the political debate scene, and I expect to encounter some others during the rest of the primary season and maybe even the general election. As I watched some of my new colleagues prepare for a debate and deliver their services, I reflected on the things that we need to do to be successful at this very important and difficult type of interpretation. These are some ideas on things that we should do and avoid when getting ready to interpret a political debate and when we are at the TV or radio station doing our rendition.

  • Know the political system. One of the things that will help you as an interpreter is to know why you are there. It is crucial to understand why we have primary elections in the United States. We as interpreters will do a better job if we know who can run and who can vote in the election. This requires some research and study as every state is different. In some states voters must be registered with the political party to be able to vote in the primary, while other states hold open primaries where anybody, as long as they are American citizens, can vote. Some states have early voting, others have absentee ballots and there are states that even allow you to mail in your vote. It is crucial to study the election system of the place where the interpreter will work. Of course, the more states you work at, the more you have to research and study.
  • Know basic local legislation and politics. When interpreting a state legislators’ debate it is essential to know how is the state government structured: Does it have a unicameral or bicameral system? Are legislators full or part-time? Can governors be reelected? Are there other political parties in that state? A well-prepared interpreter needs to know the answer to all of these and similar questions.
  • Know the most relevant issues and people in that particular state, county, or city. Most questions during these political debates have to do with local matters, not national issues; for this reason, a professional interpreter must become acquainted with local affairs. Read local newspapers, watch and listen to local newscasts and political shows, and search the web. The shortest way to embarrassment is not to know a local topic or a local politician, government official or celebrity when they pop up during a debate. Know your local issues. It is a must to know if water shortage, a bad economy, a corruption scandal, a referendum, the names of local politicians (governor, lieutenant governor if the state has one, State House speaker, chief justice of the State Supreme Court, leader of the State Senate) or any other local matter is THE issue in that part of the country.
  • Know basic history and geography of the state, and please know the main streets and landmarks of the region. There is nothing worse than interpreting a debate and all of a sudden struggle with the name of a county or a town because you did not do your homework. Have a map handy if you need to. Learn the names of rivers and mountains, memorize the names of the Native-American nations or pueblos in that state.
  • Know your candidates. Study their bios, read about their ideology and platform; learn about their public and private lives. It is important to keep in mind that you need to know about all candidates in the debate, not just the candidate you will be interpreting.
  • Know national and world current events and know your most important national and international issues in case they come up during the debate either as a question or as part of an answer. It is important to know if there is a war or an economic embargo, it is necessary to know the names of the national leaders and their party affiliation (president, vice-president, speaker of the House, Senate leader, cabinet members) and it is essential to know the names of the local neighboring leaders and world figures in the news (names of the governors of neighboring states, the prime minister of Canada and the president of Mexico, the secretary general of the United Nations and the OAS, and at least the names of the presidents, prime ministers and heads of state of the main partners, allies, and adversaries of the United States).
  • Know the rules of the debate. You need to know how long the debate will be, how much time a candidate has to answer a question and to refute another candidate, you need to know the order in which they will be questioned, who will be asking the questions and in what order. Try to find this information on line, and request it from the organizers or whoever hired you for the debate. Remember: it is a T.V. event so there is always a schedule and a program; you just need to get a copy.
  • Get acquainted with your candidate’s speech patterns, accent, tempo, and learn his/her stump speech. All candidates have one, and they gravitate towards these talking points every time they have a chance and the moderator lets them do it. The best way to achieve this is by watching as many speeches as you can, especially previous debates, ideally on the same issues, as sometimes debates in the United States are limited to certain issues such as education, taxes, foreign policy, the economy, etc. Most candidates, unless they are brand new, have speeches and debates on You Tube or in the local T.V. stations and newspaper electronic archives; just access their websites and look for them. If possible, at least listen to a couple of speeches or debates of the other candidates in the debate. You will not be interpreting them, but you will be listening to them during their interaction with your candidate.
  • When possible, participate on the distribution of assignments to the various interpreters. How good you perform may be related to the candidate you get. There are several criteria to pair an interpreter with a candidate. Obviously, T.V. and radio producers like to have a male interpreter for a male candidate and a female interpreter for a female candidate. After that, producers overlook some other important points that need to be considered when matching candidates and interpreters: It is important that the voice of your candidate is as similar to your own voice as possible, but it is more important that you understand the candidate; in other words, if you are a baritone, it would be great to have a baritone candidate, but if you are from the same national origin and culture than the tenor, then you should be the tenor’s interpreter because you will get all the cultural expressions, accent, and vocabulary better than anybody else. You should also have a meeting (at least a virtual one) with your fellow interpreters so you can discuss uniform terminology, determine who will cover who in case of a technical problem or a temporary physical inability to interpret like a coughing episode (remember, this is live radio or T.V.)
  • Ask about the radio or T.V. studio where you will be working; in fact, if you are local, arrange for a visit so you become familiar with the place. Find out the type of equipment they will be using, see if you can take your own headphones if you prefer to use your “favorite” piece of equipment; find out if there is room for a computer or just for a tablet. Ask if you will be alone in the booth or if you will share it with other interpreters. Because small towns have small stations, it is likely that several interpreters will have to share the same booth; in that case, figure out with your colleagues who will be sitting where (consider for example if there are left-handed and right-handed interpreters when deciding who sits next to who) Talk to the station engineer or technician and agree on a set of signs so you can communicate even when you are on the air. This is usually done by the station staff because they are as interested as you in the success of the event.
  • Finally, separate yourself from the candidate. Remember that you are a professional and you are there to perform a service. Leave your political convictions and opinions at home. You will surely have to interpret for people who have a different point of view, and you will interpret attacks against politicians you personally admire. This cannot affect you. If you cannot get over this hurdle then everything else will be a waste. This is one of the main reasons why they continue to hire some of us. Producers, organizers, and politicians know that we will be loyal to what they say and our opinions will not be noticed by anybody listening to the debate’s interpretation.

On the day of the debate, arrive early to the station or auditorium where the debate will take place, find your place and set up your gear; talk to the engineer and test everything until you are comfortable with the volume, microphone, monitor, and everything else. Get your water and make arrangements to get more water once you finish the bottles you brought inside the booth. Trust me; you will end up needing more. Talk to your fellow interpreters and make sure you are on the same page in case there is a technical glitch or an unplanned event during the debate. Once the debate starts, concentrate on what you are doing and pretty much ignore everything else. You will need all your senses because remember: there is no team interpreting, all other interpreters are assigned to another individual, it is live T.V. and if you count the live broadcast and the news clips that will be shown for weeks, there could be hundreds of thousands (if not millions) watching your work. If you enjoyed the experience and if you did a good job there will be more opportunities in the future and you will have enhanced your versatility within the profession.

I hope these tips will be useful to those of you in the United States and all other countries where there are political debates, and I invite you to share with the rest of us your comments and tips.

Interpreting at the Immigration Court: Is it really headed for disaster?

February 4, 2013 § 18 Comments

Dear colleagues:

Last year a colleague contacted me asking for advice.  She works as an independent contractor interpreter with the Executive Office of Immigration Review (EOIR) in the United States. This government agency is better known as the immigration court.  Before I get into the subject matter of this article, let me say a few things that we need to consider as the background of the situation I will describe on the next paragraph: (1) The immigration court is an administrative court. It is not part of the federal judiciary like district court or the court of appeals. It has no link to the U.S. Supreme Court. Its link is to the President of the United States through the Department of Justice. Its judges are administrative law judges appointed by the executive branch. They do not have life tenure nor need to be approved by the Senate as judicial branch judges do. (2) Immigration courts do not hear criminal cases. All cases are civil. Any criminal violation of the immigration laws (illegal reentry, alien smuggling, etc.) are heard by federal district court judges, not immigration judges. (3) There is no constitutional right to an attorney in immigration proceedings because immigration violations are not criminal in nature. For this reason the person accused of the violation is called the respondent and not the defendant. (4) All interpretation services in immigration court are provided by in-house staff interpreters who work for the EOIR, or by an interpretation agency that has a nationwide exclusive contract with the EOIR. This agency’s schedulers assign cases to the independent contractors on their lists, the independent interpreters submit their invoices to this agency, and the agency pays them, not the EOIR. (5) I know many interpreters and agency schedulers who work and have worked in immigration court.  Some of these interpreters, staff, agency supervisors are my friends, and every now and then I have interpreted in immigration court in many parts of the United States as an independent contractor.

It turns out that according to my colleague, by October 1 of last year, the beginning of the federal fiscal year, all immigration proceedings were supposed to be interpreted simultaneously using interpretation equipment. Until now most immigration hearings have been interpreted consecutively without equipment, and the interpretation has been done selectively, meaning that not everything has been interpreted to the respondent. Basically, the only parts of the hearing that are interpreted to the respondent are those when the judge and attorneys address him directly.  I know that by now you are thinking that simultaneous interpretation of the full proceeding is how court interpretation is done every day not just at the federal level, but at the state and local level as well. So, what is the big deal? The difference is that in immigration court, until now, they have been hiring many people who have never interpreted simultaneously.  Moreover, my colleague told me that this simultaneous interpretation was going to be conducted by a single interpreter regardless of the duration of the hearing. No team interpreting under any circumstances.  She also told me that they had contacted the agency but nothing good had come from that communication, except that they were told that they could learn simultaneous interpretation from an on-line tutorial the agency had posted on its “contractors-only” website and that if they ever needed a break they could ask the judge for a recess.  Once she explained their predicament, I thought of a possible solution to the problem.

I must say that between the time I spoke with my colleague and now, and (I believe) mainly because of the pressure applied by most reputable interpreter organizations in the United States, lead by the National Association of Judiciary Interpreters and Translators (NAJIT) The EOIR and the translation agency that hires the independent contractor interpreters have decided not to implement simultaneous interpretation at this time.

I have nothing against the agency that has the contract to provide interpretation services for the EOIR. In fact, I respect what they do: As a business, they are doing exactly what they have to do to profit for their shareholders while at the same time fulfilling the terms of their contract. Also, like I said, I know many interpreters who work in immigration court and some of them are good interpreters, and many more are dedicated and hard-working people; However, the reality is that when many interpreters think of immigration court the first thing that comes to mind is that it is in the hands of an agency that pays very little, demands minimum quality from its interpreters, takes a long time to pay, cancels assignments, and hires many of those interpreters who were not able to work anywhere else.

I have worked in immigration court in different parts of the country and unfortunately, in some ways, this idea is not far from the truth. The agency got this contract, by far the largest interpretation contract with the federal government, bidding a low-cost interpretation service and guaranteeing coverage in all required languages, even the most exotic ones. To fulfill this obligation they developed a program that encompasses a very good business model where they recruit people locally, subject them to a very basic interpretation test, run a security and work-eligibility background check, and provide some entry-level materials on-line. They also hire hard-working administrative staff that rounds up the interpreters at the local level as they are needed and schedules them. The agency has a group of independent contractors, most of them drawn from the same interpreter recruitment system, who have separated themselves from the rest and, after a basic training by the agency, have been willing to become quality-control supervisors of their peers at the local level. Finally, the program includes an interpreter payment system that is lower and less flexible than everything else in the market: No cancelation fees, no parking reimbursement, for many interpreters there is no minimum or a negligible minimum guarantee, a punch-clock system to pay the interpreter, penalties for not having the payment form stamped at the time required (even if the interpreter was already in the facility) and others.  Of course, the EOIR loved the system as a warm body is always standing next to the respondent, the contractor interpreter conveys the basic information to the alien, and the budgetary cost is very low (although I could not find out how much the EOIR pays the agency for each case interpreted.)

It is very difficult to hire so many interpreters, particularly in some of the less common languages. It would definitely be very expensive for the EOIR to attempt to hire all of these interpreters at the local level using a staff interpreter or a clerk. It would also be extremely hard to provide interpretation services at a minimum quality level in some of these languages or areas of the United States.  Maybe the agency system is not the only solution but it is the best. To raise the quality of the interpretation the agency must get these interpreters to do simultaneous interpretation and has to provide the service with two interpreters working together even if it is very hard to find two interpreters to work as a team, particularly in some languages.

As I was arriving to these conclusions it hit me: The federal court system (USAOC) is fulfilling the same needs with higher quality interpretation services, it is doing it at the local level, and it is doing it without an agency as an intermediary. This means that it can be done in immigration court! Then I thought, the federal court system requires of many interpreters every day, but not as many as immigration court where practically all cases require an interpreter. How would the small town get their interpreters for those respondents who speak less common languages? The answer came to me: There are NO immigration courts in any small towns in America. They are all in the largest urban areas and the border towns. It would not be difficult to get interpreters after all. I believe that immigration courts should follow the same procedure as the federal judiciary (and for that matter almost all of the state and local court systems in the country) For the most common languages where there are plenty of interpreters, they should implement and enforce a certification system like the federal court interpreter certification examination where the potential interpreter has to take and pass a very difficult exam before he or she can work in court.  For the other languages they could follow the same criteria used by the federal judiciary to determine who is qualified to work and who is not.  By simply implementing this change, if they pay the same as the judiciary using a half a day and full day fee system, the EOIR would have all federally certified and qualified court interpreters ready to work at a level never seen before in these courts before. This would also include the team interpreting system widely known, accepted, and used at the federal level.  Those presently working through the agency would need to get certified or qualified (depending on the language pair) which means that the good ones would have a higher income and by becoming certified or qualified interpreters, they would also have access to other markets such as the federal and state court systems. Other than waiting for the contract with the interpretation agency to expire, or finding a cost-effective way for an early termination, I see no reason to continue with the intermediary system anymore, unless the agency renegotiates its contract with the EOIR and changes its protocol demanding interpreters meet the same minimum requirements needed to work in the federal court system and pays accordingly. This would probably satisfy everybody without having to get rid of any of the current players.

In the meantime, I suggest these dedicated and hard-working individuals who are presently working in immigration court, and are not certified, start working on improving their skills, getting certified, and while the problem is permanently solved, I invite them to talk directly to the EOIR, and if necessary, to take their case to the media before they have a situation similar to what happened in Great Britain when another agency took over the interpreting services. I also suggest that until the team interpreter standard is adopted, they should take as many breaks as needed when working a long hearing alone, explaining to the judge that they are requesting the break because that type of hearing should be interpreted as a team. If you work as an immigration court interpreter, carry NAJIT position papers with you and give them to judges and attorneys, become members of NAJIT, ATA, and other local professional organizations, go to the annual conferences and present your case to the rest of the interpreter community, the agency does it all the time by getting their staff to present at these conferences. By doing so, you will begin to change the interpreters’ community perception that almost nobody wants to work where you are working. I invite the rest of you to brainstorm, and avoiding postings that contain nothing but complaints, to write down your suggestions so that our immigration interpreter friends and colleagues get what they need and deserve.

Update: on February 11, 2013 EOIR Chief Judge Brian M. O’Leary issued a memo ordering the implementation of simultaneous complete interpretation of all court proceedings without team interpreting. This order will be effective on May 1, 2013.

We interpreters have a great gig.

December 21, 2012 § 5 Comments

Dear colleagues:

As I write this blog at the desk of my hotel room like I have written most of my articles, I can look back at my career, our profession, and emphatically say that we interpreters have a wonderful gig.  We do a job that allows us to learn different things every week, we meet people that most will never meet, and we are exposed to situations many would not even dare to imagine.  We are privileged to travel all over the world, and lo lend our voice to politicians, athletes, royalty, celebrities, serial killers, religious leaders, terrorists, artists, etc.

Not everybody gets paid to be the Pope, a president, an Oscar winner, a scientist who just had a breakthrough, or an average individual who has been charged with a horrendous crime.  We do.  Most people have to wait for years and need to save a lot of money to visit their friends in a different country. I have dinner with my friends from all over, at their hometown, reasonably often, and I get paid to be there.  We are in a profession where we can have our favorite Chinese restaurant in Yokohama, our favorite Sushi Bar in San Francisco, our favorite bartender in Toronto, and our preferred shoe store in Manhattan.  I know these perks have a price and we have to work very hard, constantly study, and spend time away from home; sometimes we even have a hard time figuring out where home is, but we are definitely privileged to have this career. I consider myself very fortunate to wake up every day to a new adventure and to look forward to another day of doing a job that I love. I believe that most of you would agree that we have a great gig.  Please let me read your comments.

The Electoral College in the United States.

October 16, 2012 § 2 Comments

Dear colleagues:

During my career I have noticed that every four years during the Presidential election season in the United States many interpreters are faced with the Electoral College topic even when their assignments are non-political.  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.  In fact, the Electoral College is one of those issues 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 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 once again approaching the final days of the presidential campaign and election day is three weeks away, I decided to put my legal background and my passion for history to work (I have a Law Degree)

Every four years when an American citizen goes to the polls on a Tuesday in November to elect the new president of the United States, that individual does not vote for any of 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 the month of December to cast all electoral votes from that state, in favor of the candidate who represents the preference of the majority of the state voters as expressed on that Tuesday in November.  In other words, 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, in December the states get together in an Electoral College and each of them votes. This is the way we determine a winner. The states will each vote as instructed, honoring the will of its citizenry.  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: We do not like ties because we 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 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 the state of Florida by a very 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 smaller margin than George W. Bush.

I mentioned earlier that we like the principle of winner takes it all. Although that is true, we are a country of fairness and justice with such diversity that the only way to achieve this goal 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 the states of the United States of America (all fifty states and territories that make this country) 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 that 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 that there will be a Senate (to represent the 50 states) integrated by 2 representatives or members from each state, for a total of 100 senators elected by all the citizens of that particular 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 on the other hand, 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 all of them, 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 (425 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 this 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 why 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 separate countries who have an internal election first, and then vote as states, equal to all other states, on the second electoral round in December.  Because on November 6 of this year we will know who won each state, we will be celebrating the election or reelection 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

The American Founding Fathers and their Foreign Languages.

July 4, 2012 § 5 Comments

Dear Colleagues,

On this Fourth of July all Americans celebrate our independence.  We know that on this day we recognize the immense wisdom and unlimited courage of a group of men who lived in the same right place at the same right time.  Although most of us will spend the better part of the day watching baseball, having a hot dog, and attending some local fireworks tonight, I thought it would be interesting to talk about a little known aspect of the founding fathers’ lives: Their knowledge of foreign languages.

It is undisputable that they were all bright, well-educated, and visionary heroes who crafted an idea and implemented a concept never attempted before: a country with no monarch where the people were in charge.  We have read about their political, diplomatic, scientific, and military qualities, about how gifted they were. It is time to review their knowledge of foreign languages.  George Washington did not speak any other language. No doubt because of his very little formal education and humble beginnings he just spoke English.  Abraham Lincoln would fit the same bill. The emancipator was a self-educated attorney with a very modest upbringing and he never learned any foreign languages either. These two American heroes did not travel abroad in their lifetime.

Thomas Jefferson, author of the Declaration of Independence, first Secretary of State under Washington, and our third President spoke English, French, Italian, Latin, and he could read Greek, and Spanish. Benjamin Franklin, America’s first diplomat and well-known genius spoke English, French and Italian.   Our second President: John Adams spoke English, French and Latin. President James Madison spoke English, Greek, Latin and Hebrew.  James Monroe spoke English and French.

Although Samuel Adams and John Hancock did not speak any foreign languages, Hancock, the wealthiest of our founding fathers, and perhaps the most generous, founded a Professorship of Oriental Languages and Hebrew in Massachusetts.  All in all, 21 of America’s 44 Presidents have known at least a second language, and if you consider that America’s first Nobel Peace Prize recipient: President Teddy Roosevelt spoke French and German,  then we can say that two out of four Presidents sculpted on Mount Rushmore spoke a foreign language.

This may not be the most relevant aspect of a hero’s life, but it is a good way for a linguist to wish all of my friends and colleagues, together with their families, a happy Fourth of July!

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