Overcoming Language Barriers - NY DCJS
OvercomingLanguage Barriers:Solutions for Law EnforcementSusan ShahInsha RahmanAnita Khashu
From Vera’s DirectorExecutive SummaryThe number of immigrants living within the UnitedIn order to do their jobs effectively and safely,States is growing. Unlike in the past, however, manysworn and civilian law enforcement personnelare settling in suburbs, small towns, and rural areas,must be able to communicate with thebringing new cultures and languages to placespeople they serve—including the growingpreviously unaccustomed to such cultural diversity.number of immigrant communities that doAs a result, many law enforcement agencies aroundnot speak English well.the nation are dealing with unfamiliar languages asWhile it may seem daunting to take on thethey work to ensure public safety. Overcoming thesetask of overcoming language barriers, therechallenges is essential. When language barriersare cost-effective steps that agencies canprevent immigrants from, say, reporting a crimetake. And these steps can be tailored to meetor describing a suspect, it becomes harder foreach agency’s unique needs and capacities.officers to provide protection or gather evidence.And police often work in high pressure situationswhere communication needs to happen quickly.The practical suggestions offered in thisreport range from relatively simple—such astraining staff on how to utilize telephonic andThis report draws upon real-life lessons from“ad hoc” interpreters—to the comparativelyTranslating Justice, a project of Vera’s Centerambitious—such as pooling languageon Immigration and Justice, which worked withresources among local government agencies.law enforcement agencies in California, Nevada,For those law enforcement agencies that areand Ohio to develop language access plans andable to develop a comprehensive languagepolicies suitable for their particular jurisdictions.assistance response, this report offersThe report provides practical guidance for how lawguidance on how to create language accessenforcement agencies of different sizes, capacities,policies, staff trainings, and partnerships withand circumstances can begin to address languagelocal community organizations to educatebarriers they encounter.immigrant residents.For more information about Vera’s TranslatingWhether or not your agency is able toJustice project or other technical advice onimplement all of the strategies suggestedovercoming language barriers, visit www.vera.org/in this report, you will learn from what othertranslatingjustice or call (212) 334-1300.departments have done. You may even beinspired to adapt these practices, addingto the growing list of innovations in thisMichael P. JacobsonDirector, Vera Institute of Justiceimportant topic in law enforcement.This project was supported by Cooperative Agreement #2005-HS-WX-K001 by the U.S. Department of Justice Office ofCommunity Oriented Policing Services. Points of view or opinions contained in this document are those of the authors anddo not necessarily represent the official position or policies of the U.S. Department of Justice.
“At the core of community policing are partnerships and problem solving,but those essential elements can be hindered if law enforcement is notable to communicate with the growing diverse population in this country.Recognizing the need to improve communication and interaction withlimited English proficient individuals is among the next steps in advancingcommunity policing. By developing and implementing a language accessplan, law enforcement agencies will be able to strengthen their policecommunity relations, increase trust, and be better positioned to addresspublic safety problems.”Carl R . Peed, Director, U.S. Department of JusticeOffice of Community Oriented Policing ServicesOvercomingLanguage Barriers:Solutions for Law EnforcementA Changing Population Requires a Change in Law EnforcementHow Law Enforcement Can Bridge the Language GapKnow Who You are ServingEstablish Language Access Policies and Protocols and Evaluate SuccessEducate Staff About Language AccessIdentify and Train Bilingual StaffNotify the Public About Your Agency’s Language Assistance ServicesPool Language Access Resources368911111313It is Possible to Ensure Language Access14Strategies for Your Agency to Ensure Language Access15Resources16OV E R C O M I N G L A N G U A G E B A R R I E R S : S O L U T I O N S F O R L AW E N F O R C E M E N T
Around five o’clock one morning, a police officer drivingalong Main Street sees a beat-up car swerve erraticallyas it approaches an empty intersection. The car slowsbut continues through the red light, so the officer beginsto follow, turning on his emergency light bar. Momentslater, the officer approaches the car on foot as the driver,slumped in his seat, slowly lowers the window. The officerasks the driver for his license and registration. “¿Qué?” theman replies, still slumped forward. The officer repeats hisquestion. “No hablo inglés,” is the reply. The third time heasks, the police officer mimes the motion of removing awallet from his back pocket. The driver reacts by openingthe door and starting to get out. “Stay in the car and putyour hands on the steering wheel,” the officer commands,abruptly. But still the driver does not understand.Whether during a routine car stop or in a high stakes homicide investigation,as a law enforcement officer you need to be able to communicate effectively todo your job. Yet, as growing numbers of immigrants become more geographically dispersed throughout the United States, incidents like the one describedabove—where communication breaks down—are commonplace.Law enforcement agencies of diverse sizes and means around the country areresponding with a variety of promising and effective new strategies for communicating with victims, suspects, and witnesses who speak little or no English.Even where police departments and sheriffs’ offices have limited resources andfew or no bilingual officers, some have found ways to bridge the language gapand make services more accessible. OV E R C O M I N G L A N G U A G E B A R R I E R S : S O L U T I O N S F O R L A W E N F O R C E M E N T
“Our population is much different than it was 19 years ago, when I firstbecame sheriff. I’ve taken an oath to serve and protect all in my county,not just the ones who we can understand. There are so many times whena language barrier could cost someone his or her life.”S heri f f Ge n e Ke l ly, Clark County, OhioThis report highlights a range of tools that law enforcement agencies can use toimprove communication with non-English speaking persons within their jurisdictions. It draws upon lessons learned from a project involving the Vera Institute ofJustice and law enforcement agencies in Anaheim, California; Clark County (LasVegas), Nevada; and Clark County, Ohio, that was funded by the U.S. Departmentof Justice’s Office of Community Oriented Policing Services. (For more information about this project, see About Translating Justice on page 6.)A Changing PopulationRequires Changes in Law EnforcementIn recent years, the United States has seen the biggest wave of immigrationsince the early 20th century. The number of U.S. residents born in a differentcountry increased by 57 percent between 1990 and 2000, going from 19.8 million to 31.1 million.1 Most of the new arrivals emigrated from Latin America,although many traveled from Asia and Africa. In comparison, Europe, once theprimary source of immigrants, now contributes a relative trickle. Even facedwith increased border, port, and airport security since September 11, 2001, largenumbers of immigrants continue to arrive.In another departure from the past, today’s newcomers are moving beyond gateway cities like New York and Los Angeles and settling in suburbs, small towns,and rural areas, attracted by greater economic opportunity and a lower costof living. Latino immigrants—predominantly from rural Mexico—are now thebackbone of the seasonal and year-round agricultural workforce in a growingnumber of rural areas across the Midwest and South. Western states, meanwhile,have seen growth in a variety of immigrant groups. More than one-third of thenation’s foreign-born population lived in the West in 2000; most were of eitherHispanic or Asian origin.OV E R C O M I N G L A N G U A G E B A R R I E R S : S O L U T I O N S F O R L AW E N F O R C E M E N T
Today’s immigrants bring with them a diverse range of cultures and, more critically, languages. The 2000 Census found that almost 20 percent of U.S. residentsspeak a language other than English at home, and 8 percent qualify as limitedEnglish proficient (LEP).2 For public safety and social service agencies, the challenge of communicating and building trust with these new residents can beimmense.As first responders for public safety, law enforcement personnel face a specialburden. Police officers cannot perform their duties well when they cannot communicate with the people they serve. When language barriers prevent individualsfrom reporting a crime or describing a suspect, for example, it becomes thatmuch harder for police to gather evidence or provide protection. As one officersaid, “Language discordance is our biggest challenge when serving the Hispaniccommunity. The language barrier makes it very, very frustrating to get our workdone.” Language barriers can even threaten the safety of officers: being unable tocommunicate with an armed suspect can dangerously exacerbate a life-or-deathsituation.The obstacles associated with language barriers are often complicated by the factthat many LEP persons fear the police and go to great lengths to avoid contactwith them. Especially in a political environment where immigrants’ legal status isa prominent issue of national debate, more and more immigrants—particularlythose who do not speak fluent English—are staying away from public servicesand government institutions. As community members often explain, “Even withimmigrants who are here legally, they are suspicious of and fear the police.”GlossaryABilingual : Able to speak effectively in two languages.AImmigrant : A person who leaves one country to settle in another. Motives for immigration can include economic,religious, political, or social factors.AInterpretation : The process of orally rendering communication from one language into another. Interpretationdeals with oral or signed speech. Someone who interprets is called an interpreter.ALanguage Access : A term used to describe an agency or organization’s efforts to make its programs andservices accessible to LEP individuals.ALimited English Proficient (LEP) : A person is LEP if his/her native language is not English and s/he has alimited ability to speak, read, write, or understand English.ATelephonic interpreting service: An over-the-phone interpretation service in which off-site interpreters assistpublic and private organizations in communicating with people who are LEP.ATranslation: Changing a written text from one language into an equivalent written text in another language.Translation deals with written texts. A translator performs the act of translating. OV E R C O M I N G L A N G U A G E B A R R I E R S : S O L U T I O N S F O R L A W E N F O R C E M E N T
Percent Change in the U.S. Foreign-Born Population by State, 1990–20003 25.5 percent (4 states)25.5 percent – 57.4 percent (14 states)57.5 percent – 85.8 percent (9 states)85.9 percent – 114.4 percent (9 states) 114.5 percent (14 states)Community policing programs, in particular, require police and the communities they serve to be able to trust each other and cooperate. Achieving thiskind of relationship presumes effective and open communication between officers and residents, including those who are not fluent in English. The task ofcommunicating and developing trust with LEP individuals may seem especiallyformidable, yet many law enforcement agencies are figuring out how to do this.It is important to note, moreover, that federal law mandates that law enforcement agencies find ways to overcome language barriers. Under Title VI of theCivil Rights Act of 1964 (42 U.S.C. §2000d et seq.), police agencies that receiveany federal assistance must take reasonable steps to ensure that their servicesare meaningfully accessible to those who do not speak English well. Not to doso could constitute national origin discrimination.OV E R C O M I N G L A N G U A G E B A R R I E R S : S O L U T I O N S F O R L AW E N F O R C E M E N T
How Law EnforcementCan Bridge the Language GapWhether your agency interacts with LEP individuals only occasionally or ona daily basis, you will find it useful to plan and identify language resources.The examples provided in this report illustrate how three diverse law enforcement agencies found ways to minimize language barriers. Each of the followingsections highlights a different strategy and considers relevant issues for implementing it. All of the strategies highlighted here may not be appropriate foryour agency’s needs, but they do illustrate some of the varied ways in whichagencies have made their services more accessible to LEP populations.In addition to considering the strategies described in this document, you mayalso want to read Executive Order 13166 Limited English Proficiency ResourceDocuments: Tips and Tools from the Field, which is available online (seeResources on page 16). This report, developed by the Department of Justice’sCivil Rights Division, includes information about language access tips, tools,and practices identified in informal surveys of court personnel, social serviceproviders, police departments, 911 call centers, and several other agencies.Which strategies you ultimately choose to pursue will depend on factors likeyour jurisdiction’s LEP population, department size, and available resources. Aspatrol officers, 911 operators, and front-desk staff typically have the most contact with the public, they should be consulted as you develop and plan youragency’s language access strategy.About Translating JusticeThe Vera Institute of Justice launched its Translating Justice technical assistance project to respond to the need among criminaljustice practitioners for strategies that can bridge the language gap between police and LEP individuals. Translating Justiceprovides tailored training, consulting services, and best practices research to law enforcement agencies faced with servingincreasingly multilingual jurisdictions.The project’s services include demographic data analysis, qualitative research through interviews and focus groups, andstrategic planning sessions with key stakeholders to identify and develop effective approaches to bridge the language divide.In its first year of operation, Translating Justice collaborated with the Anaheim Police Department in California, the Clark CountySheriff’s Office in Ohio, and the Las Vegas Metropolitan Police Department in Clark County, Nevada. While diverse in their size,available resources, and the populations served, all three sites were facing increases in their number of contacts with peoplewho were LEP, and were committed to bridging the language gap between their staff and their jurisdiction’s LEP residents. OV E R C O M I N G L A N G U A G E B A R R I E R S : S O L U T I O N S F O R L A W E N F O R C E M E N T
Profiles of Agencies that are “Translating Justice”Anaheim, CaliforniaClark County, NevadaClark County, OhioAgencyAgencyAgencyAnaheim Police DepartmentLas Vegas Metropolitan PoliceDepartmentClark County (Ohio) Sheriff’s OfficeCity PopulationCounty PopulationCounty Population350,0001.8 million140,000Sworn OfficersSworn OfficersSworn Staff4003,000128Bilingual OfficersBilingual OfficersBilingual Deputies64 certified Spanish speakers6 certified Vietnamese speakersMany more bilingual officers who arenot certified204 certified Spanish speakersNo one certified in other languages1 Spanish speaker, working part timeBilingual Civilian StaffBilingual Civilian StaffBilingual Civilian Staff32 certified Spanish speakers1 certified Vietnamese speaker84 certified Spanish speakersNo one certified in other languagesNo bilingual staffImmigrant PopulationImmigrant PopulationImmigrant Population50% of the overall populationis Latino7% Asian (including VietnameseFilipino, Korean, and Chinese)Growing Arab/Muslim community25% of the overall populationis Latino6% Asian (mostly Filipino, but someVietnamese and Korean)Mexicans make up the majority ofthe new immigrant populationKey ChallengeKey ChallengeKey ChallengeThe immigrant community is multiethnic and multilingual. Anaheim isalso home to Disneyland, a majortourist destination that attracts ayear-round tourist population fromacross the country and overseas.There is a very rapidly growing anddiverse immigrant population drawnby the low cost of living and continuing economic opportunities in thegaming and construction industries.Las Vegas’ economic opportunitieshave posed significant recruitmentchallenges for the agency, particularlyfor filling uniformed positions.Latino seasonal migrant workers arenow remaining in Ohio year rounddue to the low cost of living andemployment opportunities with localfactories and the agriculturalindustry. There are few bilingualresources in the county.OV E R C O M I N G L A N G U A G E B A R R I E R S : S O L U T I O N S F O R L AW E N F O R C E M E N T
Know Who You are ServingTo be effective in fighting crime and protecting residents, a law enforcementagency needs to understand the changing demographics of the communities inits jurisdiction. Information about residents’ characteristics and the languagesthey speak can help your agency make more informed decisions about allocatingresources and recruiting and deploying staff. Your department should determinehow such data can be easily collected and analyzed. For example, your agencycould add a disposition code for all contacts made with LEP individuals whendocumenting an “event” into the Computer-Aided Dispatch (CAD) system. Then,should the data show, for example, that large numbers of Spanish-speaking residents live in a particular area command, you might want to place a bilingualSpanish-speaking employee at that station’s front desk. Agencies may also wantto compare demographic data with data about how often police have contactwith LEP individuals. This comparison could shed light on whether LEP populations are fully accessing services. Easy ways to gather this information includekeeping a front-desk log for station walk-ins, routinely polling officers duringroll call training, and analyzing call information from telephonic interpreting service providers or other language service providers.For a more accurate picture of a jurisdiction’s residents, agencies can look atdemographic data collected by the U.S. Census Bureau, city and state agenciessuch as departments of education and city planning, state and municipal courtsystems, local hospitals, and even marketing and research companies.4 Specifically, you may want to look for information on race/ethnicity, language spokenat home, English proficiency, and education levels of the people in your commandarea. Keep in mind, however, that data on race and ethnicity cannot always tellCollecting Demographic DataYour agency can get demographic data fromAthe decennial U.S. Census and Census American Community Survey at www.census.govAfederal, state, and city departments of educationAfederal, state, and city departments of healthAmunicipal and state courtsAprivate research and marketing companiesAtables and maps of the 30 most commonly spoken languages at www.mla.org/census mainTo gain a better understanding of rapid population growth in Las Vegas, demographers and city planners at the city’sDepartment of Information Technologies purchased comprehensive 2005 demographic data from a research company.Using specialized mapping software, the planners plotted various demographic indicators—including race and language—within
OVERCOMING LANGUAGE BARRIERS: SOLUTIONS FOR LAW ENFORCEMENT Glossary A BIlINgUAl: Able to speak effectively in two languages. A IMMIgrANT: A person who leaves one country to settle in another.Motives for immigration can i
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