Alert: They are interpreting illegally outside their country.

February 6, 2019 § 12 Comments

Dear Colleagues:

During my career I have experienced first-hand situations when people who live outside the United States interpret at the same convention center where I am working another event. I am not talking about diplomatic interpreters who travel with their national delegation to the United States, nor I am referring to the personal or company interpreters who travel to the States with a CEO to negotiate a deal. I am talking about foreign nationals brought to the United States to interpret a conference because their professional fees are lower than customarily fees charged by interpreters who live in the United States. One time I ran into some interpreters from a South American country at a convention center’s cafeteria. They were nice, experienced, and they did not live in the United States. After the usual small talk, I asked them how difficult was to get a visa to come to interpret in the United States, one of them dodged the question and the other one told me she didn’t know because she already had a visa she was granted when she took her children to Disneyworld. Just a few weeks after that episode, I got a phone call from a colleague who wanted to let me know that he was working at a venue in the mid-west where they were using other interpreters brought from abroad for the conference. He explained these foreign colleagues were having a hard time with the cultural references, and apparently had entered the country on tourist visas.

In this globalized economy, some agencies are hiring foreign interpreters, who live outside the United States, because they come from economic systems where a sub-par professional fee in the U.S. looks attractive to them. I have heard of interpreters brought to work in conferences and other events for extremely low fees and under conditions no American interpreter would go for: Two or even three interpreters in the same hotel room, no Per Diem or pay for travel days, often working solo, for very long hours without enough breaks, and without a booth.

The worst part of this scenario is that many of these foreign colleagues are very good interpreters who come to the United States to hurt the market by working for that pay and under those conditions, and they do not see how they impact the profession. Multinational and small-peanuts agencies love these interpreters because they just buy them the cheapest plane tickets, put them all in a budget hotel or motel, and pay them for a five-day conference a sum of money that would only cover the professional fees of local interpreters’ one or two days of work. Sometimes the agency’s client suggests interpreters be brought from abroad to abate costs; they even argue these colleagues’ renditions are even better because they “speak the same language the audience speaks, with all of its expressions, and dialects, unlike American resident interpreters who many times speak with a different accent because they do not come from the attendees’ country.” It is true that many of these foreign interpreters are very good and experienced; it is also true that, in my case, their Spanish accent and some regional expressions may be more familiar to their audience full of fellow countrymen; however, it is also likely that these interpreters may have a difficult time when interpreting references to local politics, sports, places, and general culture used by the speakers; what we call “Americana”. I would argue that professional interpreters, by living in the United States, are exposed to all language variations in their language combination because, unlike most foreign interpreters, they routinely work with multinational audiences. I also believe that it is more important to understand what the speaker is saying, after all that is why those in attendance traveled to the United States for. A rendition that puts the entire message in context, and is transmitted to the target language with all cultural equivalencies is a more desired outcome than listening to a rendition from someone who sounds like you, but does not get the cultural subtleities, not because she is a bad interpreter, but because she does not live in the country.

But there is a bigger problem: Most of these interpreters brought from abroad are in the country without a work visa.  Entering the United States on a visa waiver or a tourist visa does not give them legal authority to work in the U.S.

This is a serious matter: Whether they know it or not, the moment these interpreters step into the booth, or utter the first syllable of their rendition, they are out of status, and they are subject to removal from the United States. The moment the agency, event organizer, university, business or organization brings one interpreter to the country they are subject to a fine. Not to mention reactions to the illegal hiring of foreigners to the detriment of American professionals in the court of public opinion.

If these interpreters are really the best for the conference topic, agencies and organizers may hire them and bring them to the United States, but they would have to do it legally, through a work visa application; and depending on the visa needed, there are complex and lengthy legal steps to be followed before the Department of Labor (DOL), U.S. Citizenship and Immigration Services (USCIS) Department of State (DOS) at the American embassy or consulate at the interpreter country of residence, and U.S. Immigration and Customs Enforcement (ICE) at the port of entry. The process is lengthy and it requires of an immigration attorney. Dear colleagues, if the event requires the expertise and skill of the foreign interpreter, agencies and organizers will cover the costly process. If they were only retaining interpreters from outside the United States to save money, the visa process’ length and cost will make it more expensive than hiring top-notch interpreters living in the United States. (https://www.uscis.gov/working-united-states/temporary-nonimmigrant-workers)

These interpreters, even if they worked illegally in the United States, must pay U.S. federal income tax for the work performed within U.S. territory. An exception exists for certain amounts earned by foreign nationals not living in the U.S.; Under this exception, compensation for services performed in the U.S. is not considered U.S. source income if these conditions are satisfied: (a) The service must be performed by a nonresident taxpayer temporarily present in the U.S. for a period of 90 days or less; (b) The total compensation for these services does not exceed $3,000.00 USD; The services must be performed as an employee of or under contract (in the case of a self-employed contractor) with one of the following: A nonresident individual, foreign partnership or foreign corporation not engaged in a trade or business in the U.S., a foreign office or foreign branch of a U.S. resident, U.S. partnership, or U.S. corporation.

Always remember this, educate your clients, the agencies you work for, and if you are getting nowhere, when you see interpreters who do not live in the United States working an event, and believe me, you will know because of the cultural nuances, consider reporting the incident to the immigration authorities.

This is not an issue exclusively found in the United States, it happens all over the world, especially in first world countries of Asia and Western Europe. It also happens next door: Again, American agencies in their tireless quest to make money and destroy the profession, take American interpreters to work in Mexico, and if they are United States citizens, they take them with no visa. I have seen phone books, publications, and websites advertising interpreters from the United States for conferences, industrial plant visits, and depositions in Mexico. Among the most popular arguments to lure event organizers, businesses, or Law Offices in the U.S., they assure them that American interpreters are more familiar with their lifestyle, that they are certified by this or that U.S. government agency, and they even imply that somehow Mexican interpreters are less capable or professional than their U.S. counterparts.

This is total nonsense. Mexican interpreters are as good as Americans, interpreters living in Mexico possess American certifications, and there are probably more interpreters in Mexico with a college degree in translation or interpretation than those we have in the States. Let’s face it, the only reason these agencies want to promote American interpreters is because when a lawyer, company or event organizer hires the interpreting team in Mexico they do not need the agency; they make no money. Unless you travel as part of a diplomatic delegation, a business mission, international organization, or you are an employee of a firm that takes you to Mexico to exclusively interpret for the company you work for; If you are an interpreter living in the United States and you take an assignment to interpret for a deposition, industrial plant inspection, or other job, unless you are a Mexican citizen, or you have legal authority to work in Mexico, you will be breaking the law and are subject to deportation. It does not matter that you speak Spanish, you must be allowed to work in Mexico. (Art. 52 y sigs. Ley de Migración. D.O. 25/5/20111 https://cis.org/sites/cis.org/files/Ley-de-Migracion.pdf) There are fiscal obligations for those working as interpreters in Mexico, even if they had no authority to work.

Because often the agency’s client or the interpreters do not know they are breaking the law, you should educate them so they hire local talent. Please remember, this is a collective effort, we must try to bring up fees and working conditions in every country according to this economic reality and possibilities. This will never be achieved by killing foreign markets with illegally obtained, procured, or provided professional services at sub-par conditions. You probably noticed that I skirted around VRI services. Although it could be as harmful as in-person interpreting services when left in the hands of unscrupulous multinational agencies, that is an entirely different matter that requires more research and study of legal theories and legislation. I now invite your comments on this very important issue.

Ignoring court certifications is turning fashionable.

April 23, 2018 § 4 Comments

Dear colleagues:

Legal certainty is the foundation of any system of justice administration. Modern society cannot function in an environment where people are afraid to act because they ignore the outcome of their efforts. Human creativity and progress need a certainty that a set of actions will produce a desired outcome, and the peace of mind fostered by an absolute trust in an honest, capable and independent judge who will clarify what is confusing and decide what is contested according to law and equity.

All civilized nations enshrine these principles in their national constitution and create international courts of justice to address controversies that go beyond their own jurisdiction. To work, this system requires of honest, independent, capable, skilled, and knowledgeable professionals who serve as judges, attorneys and other officers of the court, including court interpreters.

No legal system can be fair when some are denied access to justice because of the language they speak, and no access to the administration of justice can be effective unless its services are provided by skilled professionals who have met rigorous standards set by the authority under the principles of equal justice uncompromised by expediency or convenience.

Every day we see how more nations adopt these principles, sometimes because of the realization of the truths above, and sometimes because the change is imposed by the unstoppable waive of globalization. Countries have changed their legal systems to incorporate these values, and as part of these changes, they have adopted legislation requiring court interpreters to be professional, ethical, skilled and knowledgeable. Some have called this process certification, others licensing, concession of patent, accreditation, etcetera.

Countries like the United States have developed a solid and reputable system of certification at both levels of government: federal and state.  Because the overwhelming majority of non-English speakers in the U.S. speak Spanish, all states and federal government have developed a certification process (licensing process in Texas) for Spanish language court interpreters. The federal government has issued federal court interpreter certifications in Navajo and Haitian Creole as well. To satisfy their local needs, states have adopted certifications for the most widely spoken languages, other than Spanish, in their jurisdiction; these certifications vary depending on the demographics of each state. Both, the federal and state judiciaries have adopted a system to classify court interpreters of languages without certification program as accredited or qualified.

Court interpreter certifications guarantee litigants and judges those officers of the court who provide interpreting services in a court procedure have demonstrated, through a rigorous scientific testing process, to have the minimum required skills, knowledge, and ethics to practice as professional certified court interpreters. Accredited and qualified court interpreters give litigants and judges an assurance that the federal or state system in charge of language access services was convinced of the skill, moral character and professionalism of these interpreters by alternate means to the certification process non-existent for that language combination.  It all boils down to the basic principle of legal certainty.

Many countries have a dual system of administration of justice: There is a judiciary as an independent branch of government that decides controversies between individuals, government entities, and in criminal cases. There is also a sui-generis administrative court system that exists not as a part of the judiciary or as an independent branch of government, but as an independent entity within the executive branch at both: federal and state levels. These administrative courts deal with civil law controversies of the administrative type where individuals dispute certain actions, benefits, entitlements, and rights that must be protected, conferred, or denied by an agency of the executive branch of government. The best known administrative courts in the United States are Immigration, Social Security and Workers’ Compensation.

Because these administrative courts are not part of the judicial branch of government, rules, policies and requirements pervasive in the judiciary do not extend to these so-called Article 1 Courts (because they are created by legislation, not the constitution) as opposed to Article 3 Courts (created by Article 3 of the U.S. Constitution). Rigorous criteria for court interpreter certification, created for legal certainty, are not applied or followed by most administrative courts, leaving the door open to those seeking shortcuts, opportunity, and financial gain with absolute disregard for judicial certainty and the best interests of the parties to a controversy.

A few weeks ago the Immigration Courts in the United States (Executive Office for Immigration Review, or EOIR) publicly announced they were hiring Spanish language interpreters nationwide to work in the immigration courts. Although this would place these interpreters directly under the supervision and control of the court, a big improvement over having people providing interpreting services in immigration court under the supervision of SOSi, the well-known language services provider that earned the contract by bidding lower than the rest, it is still bad policy that will eventually harm those who go to immigration court seeking relief.

EOIR’s announcement requires no reputable universally accepted court interpreter certification (federal or state level). It only requires candidates to pass a test with no scientific validation offered online.

This tendency to retain lesser qualified individuals for matters that could eventually affect someone’s life forever, such as a removal or an asylum case, is echoed by those who also settle for less interpreting quality in exchange for more money and argue that non-certified court interpreters, even if healthcare certified, or those who take cover under the unrecognized so-called “community interpreter” credential, are qualified to interpret depositions!

Depositions are a very delicate legal proceeding because they take place outside the presence of a judge. This means they require of an even more experienced certified court interpreter, not a lesser qualified paraprofessional. The most complex litigation, the ones involving enormous amounts of money, the ones often dealing with conflict of jurisdictions and legal systems, those governed by international conventions, and for those very reasons, the ones where interpreters earn the highest fees, always start with depositions very difficult even for many seasoned court interpreters.

Multi-million dollar lawsuits, intellectual property infringements, trade wars between nations, the livelihood of an injured worker who will never work again, removal proceedings that will keep a person outside the country for the rest of her/his life, asylum hearings, often an applicant’s last hope to protect her/his life, liberty and family unity are not less complicated cases. We cannot leave the administration of justice for those who do not speak the language of the court, judicial or administrative, in the hands of greedy agencies, ignorant unscrupulous authorities, and opportunists and incompetent paraprofessionals. I now invite you to share your thoughts on this topic and the disturbing tendencies we see.

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