For new immigrants, and especially Limited English Proficient (LEP) individuals and families, there are many challenges when moving to another country. From finding work and housing to enrolling their children in school can be overwhelming for any family, let alone one that is not proficient in the local language. However, whether working through the U.S. immigration process or dealing with other civil or criminal legal matters, navigating multilingual challenges in legal cases in Texas can be particularly daunting.
At present, there are roughly 7.36 million speakers of Spanish in Texas, accounting for 29.5% of the State’s population. Of those, nearly 6 in 10 Spanish speakers consider themselves to speak English “very well.” That still leaves nearly 40% of Spanish speakers in Texas with Limited English Proficiency (LEP), or more than 3 million people. Other languages with significant and rapidly growing representation in the State include Vietnamese, Chinese, Tagalog, Urdu, Hindi, French, German, and Korean, along with other languages from Africa and South Asia, such as Amharic and Telugu.
Even before the media focus on the southern border region and debates on immigration took over the headlines over the past two decades, Texas has had a long and storied tradition of multilingualism and multiculturalism. Before the 1845 annexation of Texas by the United States, Texas belonged to Mexico, and Spanish conquistadors had arrived in Texas as early as 1519. As a result, the Spanish language has been an integral part of the Texan culture for centuries. As a result, Texas has often been at the forefront of providing language access for government services and the legal system in particular.
Foreign Languages & the Texas Legal System
As far back as 1918, the Texas legislature deemed that access to foreign language interpreters in the courts was necessary for individuals to receive a just proceeding. After all, without access to an interpreter for legal matters for those people who cannot speak English sufficiently, there is no hope for equal protection under the law.
The Texas Court System has made great strides in implementing policies and regulations governing foreign language interpreters and ensuring that individuals have access to interpreters for their proceedings. The Texas government has also greatly improved access to language services for a variety of other government services, such as healthcare, education, and more.
As just a couple of examples, the Texas Department of Transportation (TxDOT) has an extensive Language Assistance Plan (LAP) that provides free language services to all TxDOT customers. The City of Houston likewise offers many resources for city employees and LEP individuals who need language assistance services.
Therefore, generally speaking, when interacting with the government in Texas, including the legal system and the courts, non-English or LEP individuals have the right to an interpreter if they need one.
Why Is Language Access Still a Problem in the Texas Legal System?
Despite the steps that the State has taken to ensure language access and to help LEP individuals in navigating multilingual challenges in legal cases in Texas, the problems have not gone away. Many non-English speaking and LEP individuals are still unable to receive truly equal justice for several reasons.
One of the most glaring reasons for this is a lack of understanding of the laws, regulations, and assistance available to them. In this regard, the State and local municipalities and communities need to continue to work to promote these services. This is particularly true in low-income areas and communities where people are most in need of these services.
In the legal system, it is also incumbent upon the police and public attorneys to ensure that language assistance is available. In the case of Spanish interpretation and translation, there are many public employees, including police officers, who do speak Spanish, which can be helpful, particularly in emergencies. However, given the potential for non-English or LEP individuals to feel intimidated or fearful, it is incumbent upon the police to offer “neutral” Spanish interpreter options when dealing with complaints or criminal matters. However, with the rapidly increasing linguistic diversity in the State, there is a growing demand for language assistance in languages other than Spanish.
Another problem is that while the State and municipalities offer free language assistance for a wide variety of public services, this does not extend to all aspects of the legal system. The Texas Court System does provide free interpreters, but that does not extend to the need for interpreters to facilitate communication with LEP clients’ attorneys, which they often would have to pay for out-of-pocket.
Again, while there are many Spanish-speaking attorneys throughout Texas, diminishing the need for a Spanish interpreter, there may also be costly certified written translations required for a case, for which a third-party would need to be contracted. Moreover, as mentioned above, there are not nearly as many Chinese-speaking or Vietnamese-speaking attorneys available to assist those growing communities, and many do not have the financial means to pay interpreter or translation costs.
Improving the System
Fortunately, there are ways to make the legal system work better for non-English speaking or LEP individuals. There are public advocacy and community groups that help individuals in navigating multilingual challenges in legal cases in Texas. They can provide free or low-cost interpreters and legal advisors. However, grants and donations to these groups are often grossly insufficient to support the work that they do.
Perhaps a better way forward is for law firms in Texas who accept pro bono cases to partner with language service providers to offer free or subsidized interpretation and translation services for those who cannot afford either an attorney or interpreter on their own. Translation Source, a leading member of the language services community in Houston and Texas for more than a decade, has implemented such a program to work with local law firms and give back to the community by ensuring that language assistance is never an obstacle for obtaining justice.
