C - Identification and Assessment of LEP Communities

The following factors outline EOIR’s assessment of EOIR’s LEP population and the resources that are needed to provide language assistance services. 

Factor 1 – The number or proportion of LEP persons served or encountered by EOIR. [4]

With limited exceptions, the members of the public who most need meaningful access to EOIR’s services are the individuals against whom the Department of Homeland Security (DHS) has initiated removal proceedings. Therefore, EOIR’s best guide for determining the number and proportion of persons with LEP it serves or encounters is the statistical data that EOIR collects regarding individuals in removal proceedings. Immigration judges ensure persons with LEP are provided meaningful access to participate and understand their proceedings by asking them during their initial hearing to state the language that they best speak and understand, which is then recorded in EOIR’s database. [5] EOIR provides the assistance of interpreters in a majority of its cases, as demonstrated by the figures below. 

The data in the appendices represents initial case completions (ICCs) before the Office of the Chief Immigration Judge (OCIJ). ICCs represent the first dispositive decision rendered by an immigration judge in a removal proceeding [6] and are the best representation of a one-to-one correlation of unique individuals appearing before the immigration courts. Of note, the data is aggregated and represents immigration proceedings before OCIJ as a whole: individual immigration courts may see variations in the most prevalent languages spoken by respondents appearing before those locations based on local populations and other factors. 

Appendix B represents the number of ICCs separated by those completed in English versus those completed with interpretation into non-English languages for the past five fiscal years (2019 to 2023). The total number of ICCs completed with non-English language interpretation includes interpretation into all languages other than English. [7] Appendix B demonstrates the high number of cases before the immigration courts in which respondents identify non-English languages as the language they best speak and understand. In 2023, for example, 21,287 individuals identified English as their best language as compared to 514,634 individuals who identified a language other than English as their best language. 

Appendix C demonstrates that on average, nearly 80% of ICCs are completed with Spanish interpretation, while approximately 7% are completed in English. Cases with Mandarin Chinese and Punjabi interpretations each account for an average of nearly 2% of ICCs, while cases with Portuguese and Haitian Creole account for an average of approximately 1%. Other languages account for 8%. Appendix C demonstrates that the population that EOIR regularly interacts with is largely comprised of LEP persons and underscores the importance of language access during immigration proceedings. 

Appendix D shows the top six interpreted languages (plus English) of ICCs over the past five fiscal years. Spanish is the language that the highest proportion of individuals identified as their best language. Appendix D also represents that although the relative position of the top languages can shift over time, in general, the top six languages remain consistent. 

As illustrated in Appendix E, EOIR’s “other languages” category includes additional languages identified by individuals in proceedings as their best language that are not one of the top six hearing languages. Although “other languages” generally comprise less than ten percent of ICCs, this category includes more than 300 other languages at least one respondent identified as a preferred language. This appendix provides a visual representation of the many languages that comprise the “other languages” category. As can be seen above, Punjabi, and Turkish represent a significant proportion of this category, but it is important to note that each language represents only a percentage of the “other languages” category, which comprises 8% of the total ICCs in FY 2023. For example, Punjabi was the preferred language documented in fewer than 1% of ICCs in FY 2023. During fiscal year 2023, 101 languages in the “other languages” category were the preferred language in only one case each. Interestingly, the “other languages” category has grown from 280 languages documented in FY 2019 to 364 languages documented in FY 2023. 

As these figures make clear, LEP persons comprise a large majority of EOIR’s interactions with the individuals it serves. Further, although Spanish-speaking individuals represent the majority of ICCs, EOIR also encounters individuals who speak a wide variety of languages and dialects that each present unique language access needs. Additionally, as part of its language access services, EOIR provides communication assistance real-time translation (CART). CART services provide instantaneous transcription of what is said orally into visual print display. 

Furthermore, EOIR also provides sign language interpreters for individuals who are deaf or hard of hearing. Most notably, there is no universal sign language so many countries or regions have their own sign languages that are often separate from their spoken languages and dialects. As a result, EOIR staff is responsible for identifying the correct sign language interpreter to ensure the LEP person, who is deaf or hard of hearing, is able to effectively communicate.  

Factor 2 – The frequency with which LEP persons interact with EOIR staff and documents. 

EOIR’s statistical records also provide the best data to determine the frequency with which EOIR encounters LEP persons. Immigration court proceedings primarily consist of master calendar hearings and individual hearings. The data reflects the number of interpreted hearings held based on the language identified by respondents as the language they speak best. As compared to ICCs, the number of hearings held may account for the same individual on more than one occasion if that individual has multiple hearings throughout the fiscal year and therefore better represents the frequency with which EOIR interacts with LEP persons. The data displayed in Appendix D demonstrates that EOIR overwhelmingly has the most frequent contact with Spanish-speaking individuals. Beyond Spanish, EOIR’s most frequent interactions with persons with LEP [8] traditionally are with individuals who identified Mandarin Chinese, Punjabi, Portuguese, and Haitian Creole as their best language. 

Appendix F represents the number of hearings separated by those completed in English versus those completed in only the top six languages for the past five fiscal years (2019 to 2023). [9] Appendix F demonstrates the high frequency in which the immigration courts encounter respondents who identify non- English languages as the language they best speak and understand. Appendix F closely mirrors Appendix B, in that the majority of hearings are held and interpreted in non-English languages. 

Factor 3 – The nature and importance of the program, activity, or service EOIR provides.  

EOIR is responsible for the adjudication of cases involving issues of removability and eligibility for immigration relief or protection in the United States, the assessment of civil monetary penalties against individuals and companies that allegedly violated federal law, and the determination as to whether an employer discriminated against an individual based on nationality or citizenship. All the functions that EOIR performs are important to persons with LEP who appear before EOIR. 

As previously stated, most EOIR interactions with persons with LEP arise because the person is in removal proceedings. In each of these cases, DHS is seeking to remove the person from the United States, and EOIR may order the person removed if the noncitizen is found subject to removal and ineligible for any forms of relief or protection from removal. At the same time, noncitizens who have been legal permanent residents in the United States for many years can be removed to their countries of origin in certain situations. Therefore, meaningful access to EOIR’s adjudication process at the immigration court and appellate level is critical for all those with business before EOIR, including those people with LEP in removal proceedings. 

EOIR’s adjudications involving civil monetary penalties and allegations of employment discrimination are also important because these cases can result in civil fines, the loss of a job, or potential immigration consequences for individuals. LEP persons need to be able to fully participate in these adjudications. 

Factor 4 – The resources available to EOIR and the costs.  

Table A – Language Service Budget versus EOIR Budget for FY 2023 

In fiscal year 2023, language services represented approximately 7.3% percent of EOIR’s overall budget. 

Table B – Language Service in FY 2023 

In Table B, more than $58 million represents a tremendous commitment of EOIR resources to ensure LEP persons have meaningful access to EOIR services. Most of EOIR’s language access resources are allocated to providing in-person interpreter services. EOIR also spends financial resources on telephonic interpreter service contracts. 

[4] Please note that EOIR staff frequently enter and update information into EOIR’s database, so the statistics provided in this Plan may differ from statistics provided elsewhere by EOIR. The data relied upon and included in the Plan was generated on October 19, 2023, and can be found in Appendix G. Additionally, the data and statistics for FYs 2020 and 2021 reflect operational disruptions caused by COVID-19.

[5] EOIR recognizes that an individual may choose to identify a non-English language as the language that they best speak and understand while also not meeting the definition of an LEP person. For purposes of estimating EOIR’s interaction with LEP persons, however, EOIR will rely on the language identified by the individual as the one they best speak and understand to create a general idea of the number and proportion of LEP persons that EOIR interacts with on a regular basis.

[6] For example, a removal proceeding is completed when the immigration judge issues an order of removal, terminates the proceedings, or grants relief from removal or voluntary departure. An order granting a continuance, changing venue, or administratively closing a case is not a dispositive decision and, thus, does not constitute a case completion.

[7] This number excludes cases in which the language listed in the EOIR database does not identify a specific language. This code is used when the Notice to Appear, obtained from DHS, does not indicate the respondent’s best language. In other cases, EOIR is unable to determine the language because the respondent fails to appear at a scheduled hearing.

[8] As noted above, the fact that an individual identified a non-English language as the language they speak and understand the best does not necessarily mean that they are an LEP person. However, using this available information provides general guidance to EOIR on the frequency with which it encounters LEP persons.

[9] The other 365 languages documented in immigration court proceedings as a respondent’s preferred language represent 44,045 cases in FY 2023.