A - Immigration Court Proceedings

“Interpreters are provided at government expense to individuals whose command of the English language is inadequate to fully understand and participate in removal proceedings. In general, the immigration court endeavors to accommodate the language needs of all respondents and witnesses.”  

See Immigration Court Practice Manual (ICPM), Ch. 4.11 (Interpreters). 

Immigration courts arrange for an interpreter both during master calendar hearings (i.e., scheduling hearings) and individual hearings (i.e., merit hearings). EOIR encourages the parties to an immigration proceeding to request interpreters either orally at a master calendar hearing or by written motion. Moreover, EOIR requests that the parties provide specific information, such as the name of the language,

the dialect, and the geographic location where the dialect is spoken to ensure that EOIR provides interpreters with the correct linguistic skills. See ICPM, Ch. 4.15(o)(1). 

Since May 2013, EOIR has been committed to providing full and complete interpretation during all immigration proceedings, regardless of whether the interpreter is a contract or Federal interpreter or whether the interpreter is in person, telephonically, or via video-teleconferencing in an internet-based hearing. 

Full and complete interpretation requires interpreters to convey accurate and complete messages between and among everyone in the courtroom. The respondent should be privy to everything that is said during a courtroom proceeding. Full and complete interpretation ensures the immigration judge is fully apprised of everything said by a respondent with LEP, and conversely ensures a respondent with LEP, through a professional interpreter, can hear and understand what is being said at all times during the hearing. 

Immigration judges regularly determine whether an interpreter is necessary even when the respondent does not request one. EOIR provides training to immigration judges to assist them in ascertaining the best language that each respondent who appears before them understands. 

EOIR also realizes that it is important that respondents with LEP who appear in immigration courts are able to communicate with the immigration practitioners who represent them. Therefore, as part of EOIR’s professional conduct rules for practitioners, practitioners are required to “take reasonable steps to communicate with clients in a language that the client understands.” 8 C.F.R. § 1003.102(r). The regulation allows EOIR to impose disciplinary sanctions on anyone who violates the rule. See 8 C.F.R. §§ 1003.101(a), 1003.104(c).