Can You Hear Me Now? Attorney Perceptions of Interpretation, Technology, and Power in Immigration Court

In this study, Maya P. Barak examines the impact of courtroom interpretation services and technology on immigrants. Most trial-level immigration proceedings require foreign language interpretation and use of communication technology such as video conferencing, yet the public knows little about these tools and how effectively they are used. The author interviewed immigration attorneys involved in deportation proceedings, who describe the courts as “procedurally unjust” due to deficiencies in interpretation, telephonic conferencing and videoconferencing, and who believe that these deficiencies deny the right to due process. Drawing on criminology, legal sociology and linguistics, Barak makes recommendations to ensure due process for clients in immigration courts including: 1) eliminating conferencing by telephone and video except in extreme circumstances; 2) modernizing such telephonic conferencing and videoconferencing technology; 3) improving standards and working conditions for interpreters; and 4) educating attorneys, judges and interpreters about challenges inherent to courtroom technology and interpretation. Barak concludes that such enhancements to interpretation and technology can better immigrants’ access to justice in immigration courts. However, she also adds, meaningful immigration reforms could decrease the need for immigration courts in the first place. (Erika Hernandez for The Immigrant Learning Center’s Public Education Institute)

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