A new Spanish Federal Court Interpreter Certification exam: Getting it right.

Dear colleagues:

Several weeks ago, federally certified Spanish court interpreters in the United States received a questionnaire from the Administrative Office of the United States Courts asking for opinions and suggestions for a new version of the certification exam. This was a welcomed move for two reasons: The government is thinking of updating the exam so it reflects the present condition of our society, and they thought about asking those who work in that environment: the Spanish interpreters.

I liked the idea of modernizing the test as a positive step by the USAOC, especially during these uncertain days of an almost post-pandemic America, and the confusion among exam candidates about the oral exam dates with an official version on the AOC website indicating December as the month of the exam, and rumors, and perhaps emails, circulating around stating the exam will be early next year. Now back to the exam:

The new version of the exam needs to continue the same proportions and format of the current versions, including two sight translation exercises: one from English into Spanish involving a quasi-legal document, and one from Spanish into English involving a legal document; two simultaneous interpreting exercises: a monologue in English at a normal speed of 140 words per minute in average, and a bi-directional dialogue of a legal or scientific direct examination of an expert witness at a speed of 160 words per minute in average. Finally, the exam should have one 15-minute-long bi-directional consecutive interpretation exercise with at least two somewhat long segments, at least one “laundry list” of items, and some idiomatic expressions and obscenities.

This means leaving the exam as it is in format, but updating its content to reflect the world where we now live. The exercises must mention technology, update situations and circumstances to reflect concepts like internet, computers, globalization. If the old version of the exam included situations involving a telephone or a typewriter, the new version should replace them with a cellular phone and a computer for example.

The exam needs to test beyond criminal law and procedure, exercises must include civil law and procedure, and some international law that falls under the jurisdiction of the federal judiciary, like extradition proceedings and international child abductions.

More important, the exam needs to mirror social changes, reflect gender equality, and include diversity of speech and culture. English dialogues should not be limited to the English spoken by white Americans; it must include the English spoken by African Americans and Hispanic Americans. It needs to expand its Spanish dialogues and idiomatic expressions beyond Mexico, and encompass not only expressions and cultural references to other Latin American countries, but it also needs to incorporate the Spanish spoken in Spain, and the unique Spanish spoken in the United States.

There are certain things the AOC questionnaire included that, although important, must stay out of this exam.

Legal translation is an important subject, but other than sight translation exercises, a court interpreter certification exam must stay away from testing candidates on translation. Translation is a different profession and it requires different skills, experience, and knowledge. A good number of court interpreters translate, but the government needs to develop a separate translation exam if it wants to certify translation skills. Translation needs writing, it needs an exhausting, extensive, comprehensive exam at the same level as the interpretation exam now offered. You cannot certify a translator through a section of an interpreting exam, and you should not expect interpreters to translate. These are two professions and they need two exams. Those of you who have taken translation exams in college or certification exams such as the one offered by the American Translators Association, know it is impossible to test translation skills by adding a section to a different discipline’s exam. This would not be appropriate as it would misguide on the actual skill level of the candidate, and it would not be fair to the interpreters, who have studied and trained as such, not as translators.

Including a section to test interpreters’ transcription skills was also floated around. Even though transcription may not be considered a different profession the way translation is, it also goes beyond the skills that need to be tested to become a certified court interpreter. It is a reality that federal courts require of transcription services, and some interpreters transcribe wiretaps, telephone calls, police interviews, and other voice and video recorded interactions, but most interpreters do not transcribe; they find it boring, time-consuming, poorly remunerated for the work involved, or they simply dislike it. Unlike consecutive and simultaneous interpretation, it is not part of what makes an individual a court interpreter.

Transcription is a specialized service and should be treated as such. If the Administrative Office of the United States Courts wants to certify transcribers, it should develop a separate test to be offered as an additional exam to those already certified as court interpreters who want to specialize. It cannot be part of an interpreter certification exam, and by the way, it should be remunerated in terms of time spent for a recorded minute, nut lumped with the full or half a day pay interpreters receive from interpreting in court.

Updating the certification exam is an excellent idea. Considering a certification for court translators and court transcribers is also a good point, but commingling these other disciplines with court interpreting is a mistake. There is plenty to be tested in a traditional interpreter certification exam; things could be added and improved without expanding to other professions. Let’s fix the exam, but from the beginning, let’s get it right.

I now invite you to share your ideas about the modernization of the court interpreter exam, and those interpreting modalities you believe must be included.

The interpreting profession could be worthless here.

Dear Colleagues:

All professions must be on their toes to protect their members and guard themselves from outside forces that, from time to time, try to destroy them by lowering their ethical principles and standards, compromising the quality of their professional services, or eroding their public trust. This is one of the main reasons professionals organize in associations like the American Medical Association (AMA); attorney national and state bars like the American Bar Association (ABA); or institutes like the American Institute of Architects (AIA).

Unfortunately, in the United States and other countries, our profession does not have such a body to protect the services we provide and the minimum requirements to practice interpretation. With no compulsory membership of a professional association, and associations that only serve their members’ interests (and sometimes not even that when corporations are welcomed as members) or are of a culture so foreign to the United States it makes them unattractive to the American idiosyncrasy, all we have left are the individual efforts of some of our colleagues, labor unions or guilds where they exist, and some local professional associations willing to protect us all, even those who are not their members.

During the last twelve months we have been attacked at an unprecedented rate: The associations of agencies’ efforts to overturn California’s Supreme Court Dynamex decision that empowers independent contractor interpreters by giving them leverage to negotiate with multinational and unscrupulous agencies that abuse their position of power when hiring individual interpreters;  The Oregon Judicial Department Court Language Access Services (CLAS) change to the Uniform Trial Court Rules (UTCR) stripping court interpreters working in that state of their right to sight translate documents in court; and the California so called “Language Access Plan” (LAP) providing free interpreting services to anyone who requests an interpreter in Civil matters, regardless of their income, and depriving court interpreters in that state from practicing their profession in civil courts.

All nefarious actions setting our profession back many decades, but none as alarming and devastating as an effort by some Texas State legislators to lower the requirements to practice court interpreting in that state to a historical low. Please read this post even if you are a reader from another country, or if you do not interpret in court. It is that important.

Texas never distinguished itself as a state where court interpreting certification was universally appreciated or desired. It was a late-comer to the sphere of states requiring certification to practice as interpreter in the state courts. After much back and forth, the State settled for a licensing system that resembled the state certification program adopted by most states. Despite the unfortunate grandfathering of some subpar “interpreters” who had “practiced” for a long time before licensing became the law of the land, Texas eventually offered the National Center for State Courts (NCSC) exam offered in other states. For reasons difficult to explain and defend, after some debate, it was decided that Texas would have a two-tier licensing system for court interpreters: Those passing an English monolingual written exam with a score of 80 percent, and all three sections of the oral test (sight translation, consecutive, and simultaneous interpreting) with a score of 70 percent on all three sections are granted a “master” license. Candidates who pass the English monolingual written exam with a score of 80 percent, and all three sections of the oral test (sight translation, consecutive, and simultaneous interpreting) with a score of 60 percent on all three sections are granted a “basic” license. These “basic” interpreters can only appear in minor cases decided in courts not of record. (http://ow.ly/OL9Y30olqdH)

These requirements fall short when compared to the federal minimum standards (on a more difficult exam) and to the minimum requirements in most states. The National Proficiency Designations for Court Interpreters of Spoken Languages classifies court interpreters in languages for which a NCSC -sanctioned oral exam is available in four categories. Tier one, the higher category, encompasses those interpreters certified by the Administrative Office of the United States Courts (USAOC) commonly known as “federally certified court interpreters”, and state-certified court interpreters who obtained in one cycle (because some states allow certification in installments!) a minimum score of 80 percent in the simultaneous and consecutive portions of the exam, and a minimum passing score of 75 percent on each of the two sight translations (English into the foreign language, and from the foreign language into English) with a minimum combined score of 80 percent.

Candidates certified in at least one state who passed the NCSC exam within 12 months of the certification with a score of at least 70 percent in each of the simultaneous and consecutive interpreting sections of the oral test, and a minimum score of 65 percent on each of the two sight translations (see above) with a minimum combined score of 70 percent are classified as Tier 2 interpreters. This means that an individual can have a “master license” in Texas and be classified as a Tier 2 interpreter nationwide. Individuals getting, in one test cycle, a passing score of 60 percent in each of the simultaneous and consecutive parts of the exam, and a minimum score of 55 percent on each of the two sight translations (see above) with a minimum combined score of 60 percent are classified as Tier 3 interpreters. (https://www.ncsc.org/~/media/Files/PDF/Services%20and%20Experts/Areas%20of%20expertise/Language%20Access/VRI/1%20National%20Interpreter%20Database/National_Proficiency_Designations_for_Court%20Interpreters.ashx)

I know this looks bad, but that is not the problem that motivated me to write this piece. At this moment the Texas State Legislature is in session, and they are considering a bill that will eliminate the two-tiered licensing system and create a single state court interpreter license. Unfortunately, instead of amending the statute to raise the bar, these legislators are trying to lower it. This would open the door to anybody with no training or formal education, no skill or knowledge, to portray themselves as “licensed court interpreters”, destroying the profession in the Lone Star State. This very concerning bill was introduced by State Representative Ron Reynolds of Ft. Bend, Texas and it is being debated in the Texas House at the House Judiciary and Civil Jurisprudence Committee as HB 3627 (https://capitol.texas.gov/tlodocs/86R/billtext/html/HB03627I.htm?fbclid=IwAR0Vqopuc7tzdm9laroZc3_UP-gr0e2ZZeCw47Zx9xH3xRp-jxZrRQK6KNc)

Its companion bill was just introduced in the Texas State Senate on March 21, 2019 by Democratic Senator Borris Miles of Harris and Ft. Bend Counties as SB 2176. It was immediately referred to the State Affairs Committee. The City of Houston is in Harris County, and Ft. Bend is the county next door. (https://legiscan.com/TX/text/SB2176/id/1952181?fbclid=IwAR3OseP5xQbVL_sPx4SpnRHs-uN1f-stA5fGymG5-eyN-IZZ8vEECWtR8nM)

All of us, especially our colleagues in Texas, need to contact these legislators, raise awareness within the legal community and interpreter associations, and educate the general public. You can reach Representative Reynolds at: (281) 208-3574, and (512) 463-0494. Senator Miles at: (512) 463-0113, (713) 665-8322, (281) 261-2360 and (713) 223-0387.

Can you imagine going to a surgeon with a record of losing 4 out of every 10 patients he operates on? Would you go to a lawyer who loses 4 out of every 10 trials? I do not know many people who would pay a dentist who pulls out the wrong tooth forty percent of the time, and I cannot think of anybody who would get on a plane knowing that the pilot knows only 60 percent of what you need to know at a minimum to safely fly to a destination. These may seem like exaggerations, but they are not. This is what the Texas Legislature is considering right now. Their answer to a shortage of professionals is not to promote the profession or legislate to make it more attractive. Their plan is to lower the bar so low anybody who can order a beer south of the border can interpret a death penalty case.

These are very serious consequences, but we should let activists and human rights advocates fight these issues with the State Legislature. We must focus on a different issue derived from the same bill; an issue nobody else will fight to defend: Our profession. We have to stand united against the destruction of our profession by a group of uninformed legislators who obviously lack basic understanding of what interpreters do. We have to fight against this bill or the profession will die in the Lone Star State. Our colleagues will lose a significant market share to those pseudo-interpreters who will flood the market and charge rock bottom fees, because they will look great when compared to the money they now earn flipping hamburgers at the fast food joint around the corner (noting against fast food workers, admired, honest individuals, but they are not interpreters). Our colleagues, those real professionals that call Texas home, will also share on the stigma of living in a state where everybody and their brother can interpret in state court. Their reputation will suffer, not with their trusted clients who appreciate their services, but in the public opinion. There is no justification for this legislation in a state that should be concerned with raising professional standards instead of eliminating them all. Please take action individually, in your professional circle with clients, family, and friends; it does not matter you are a conference interpreter, or that you work in the hospitals, or that you live in Illinois. You can even protect the profession from abroad. Talk to your local interpreter associations; contact NAJIT at the national level, and TAJIT, EPITA, HITA, MITA, AATIA, TAHIT and all other associations in Texas.

I now invite you to share with the rest of us any other ideas you may have to fight against this travesty in Texas.

Disrespecting the (immigration) interpreter

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.

Low-cost interpreter factories.

Dear Colleagues:

It seems like every time I open my mailbox, see a tweet, or read a professional publication, I see new advertisement for all these interpreter courses, interpreter certifications, interpreter great opportunities, and so on.  There are many government entities, multinational agencies, professional associations, and “professional trainers” who have discovered a new business: create interpreters from nothing!

Let’s see: Just a few years ago Spanish language court interpreters in the United States could only be certified by the United States Administrative Office of the Courts (federal) or by the Administrative Office of the Courts of a state member of what was called the consortium. These credentials were widely known and recognized. Everybody knew what was behind them: a federal certification was more than a state-level certification, and then… there were the non-certified individuals who were precluded from working in the court system, and in those cases when they were used by the government, they were ushered in through the back door because they all knew that they were doing something that should be kept “confidential”.

Well, the enforcement of Title VI of the Civil Rights Act became a reality for all state courts so the Consortium was no more, it has now been replaced by the Council of Language Access Coordinators (CLAC) and now, in order to keep those federal funds coming, the states have devised a clever plan to circumvent the court certification requirement which would be the thing to do according to law, but very expensive, so they have created this new “category” of people who  cannot pass the certification test, but are allowed to work in court, entering through the front door,  called “qualified”, “conditionally qualified” and other versions of the same thing: an unqualified individual doing a job that is federally mandated and requires of certification.  Yes, it is easier, and cheaper, to mass produce these individuals who, in my opinion, are trained to do a job that does not exist, and pays lower than a professional certified interpreter would work for.  These individuals are now produced in “programs” developed by some states with the help of opportunist community colleges and “professional trainers” who see fit to create a program and go through the motions in order to deliver these paraprofessionals.

But this was not enough. The developments above showed the way to another lucrative business: the development of another category of interpreter who would be called “community interpreter” but would provide services in legal arenas where the court proceedings are of Article One of the U.S. Constitution: Administrative Courts. The reason for this new category, according to those who are now benefiting from its implementation: To fill in the gap in the legal system that was not been serviced by certified court interpreters.  The real motivation: That these courts and their proceedings are not covered by the court interpreter legislation, so there was a great opportunity for agencies to jump in, “certify” their people, and cover the hearings while paying these para-interpreters very little money.  Again, the “certification” programs (sometimes called “diploma” programs) have been developed by individuals who saw the opportunity to make money. There is no official oversight nor legal authority for the existence of these “community interpreters”. The only thing that is clear is that court proceedings in administrative courts are as important and complex as the ones heard in Article 3 courts. This is why, to be able to appear before administrative law judges, attorneys have to pass the same bar exam and be members in good standing of their state bar. No lesser requirements for attorneys, but non-existent requirements for interpreters. Obviously, there is a lot of money to be made in a service where the interpreter pay is so bad that no real self-respecting interpreter would get involved.

Then we have the professional associations and multinational agencies that offer their own “certifications” “qualifications” or whatever they chose to call them, to those left-overs who cannot work anywhere else and have to settle for a quick course online, a 15-minute exam online, and a dismal pay in exchange for telephonic or live interpreting at medical offices, school classrooms, community meetings, and the likes.  I do not blame those who are providing what in my opinion are questionable services, they are taking advantage of a void in the legal system and a weak group of interpreters who do not fight for their profession, reputation, betterment, and income. The blame is on the authorities who chose not to fix the situation and foster the spread of these “interpreter factories” all over; on the ignorant clients who buy the Brooklyn Bridge every time the agency sells it to them, and on the self-respect and ambition lacking so-called interpreters who enable the system to continue, instead of studying to better themselves as real conference, court, healthcare, or community interpreters.

We as professional interpreters need to protect our profession, we need to watch over our future, and we need to stop this do-nothing attitude and stand up, educate our clients, better ourselves, join real professional associations that work for the interpreters and not against them, and embracing the new technology, explain to the client that, compared to those I mentioned above, we represent quality, and many times savings, as we work without the middle man, the only actor who is not necessary in this play.   There are some good agencies, trainers, and professional associations out there, unfortunately, most of them become known to the interpreters once they reach certain level within the profession. It is our job, and responsibility, to point the new colleagues in the right direction.  Please feel free to share your comments with the rest of us, but please abstain from coming here to defend the entities I wrote about. They have plenty of forums where to make their case.

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

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.