Interpreting in Immigration Court

My career as an immigration court interpreter began in 1998. It’s been a long time running and an exhilarating experience. For those interested in this area of court interpreting, I sure hope you find this information helpful.

Here is some background about the agency that oversees these proceedings.

Executive Office of Immigration Review

EOIR was created on January 9, 1983, through an internal Department of Justice (DOJ) reorganization which combined the Board of Immigration Appeals (BIA or Board) with the Immigration Judge function previously performed by the former Immigration and Naturalization Service (INS) (now part of the Department of Homeland Security).

EOIR is responsible for adjudicating immigration cases. Specifically, under the Attorney General, EOIR interprets and administers federal immigration laws by conducting immigration court proceedings, appellate reviews, and administrative hearings.

Types of Hearings

Adjustments, Cancellation of Removal, Asylums, Withholding of Deportation, Convention Against Torture, prove-ups, etc. Generally, there is the equivalent of a preliminary hearing which is called a Master Calendar. That’s the initial hearing in immigration proceedings.

In a master calendar hearing, the respondents appear and are given a later date for an individual hearing, if relief from deportation is available.

The role of immigration court interpreters varies from the role of the interpreter in other court circuits. These are civil proceedings and as such, are much different than proceedings in Federal or State court settings.

Contract interpreters in immigration court do not have information about the cases in advance and they are not allowed to conversate with the respondent(s), defense attorneys or any witnesses for the defense unless in front of the judge, and only with his permission. Generally, communication is strictly limited to interpreting for the judge and the other parties in the courtroom, unless you are a staff interpreter. Staff interpreters adhere to a different code in terms of communication with other staff members. If you are a contract interpreter, any communication with the respondent or other parties may give the impression of impropriety and it is grounds for disqualification.

It is extremely hard work and not for the weak at heart. You must remain emotionally detached at all times, otherwise it can emotionally heart wrenching and physically exhausting.

The immigration court interpreter’s performance is best when he or she is “invisible”. That does not mean that your interpretation cannot show the emotion by which the testimony was presented. It just means you should not allow yourself to become emotionally involved. EOIR interpreters work in a highly stressful environment and, not unlike doctors or police officers, they are exposed to trauma on a regular basis.

The interpreter should always use first person during testimony and use third person when referring to him or herself and addressing the court. For example, “interpreter requests repetition” or “interpreter requests clarification”, etc.

Many people think that by becoming an interpreter, you can help advocate for those who are in the process. That is false! For those who are interested in advocacy and assistance, a law degree specializing in US immigration would better much better suited if you are interested in advocacy.

When asked why I continue to work in EOIR as an interpreting despite the challenges, I always answer the same way. If an interpreter is needed to convey the message of these respondents, then I am the one for the job. Let me be that voice.

Frequently Used Acronyms

DOJ – Department of Justice
DHS – Department of Homeland Security
EOIR – Executive Office of Immigration Review
BIA – Board of Immigration Appeals
ICE – Immigration and Customs Enforcement
USCIS – U.S. Citizenship and Immigration Services
CIMT – Crime involving moral turpitude
QR’s – Quick Removals
CPP – Continued/Continuous Physical Presence

Vocabulary and Informational Sources

—www.immigrantdefenseproject.org—
www.najit.org/members_only/proteus/back_issues/orrantia.htm
www.usimmigrationsupport.org/immigrationterms/html—  www.immigrantdefenseproject.org/docs/06/_immigrationconseuenceschecklist.pdf

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Author: Francesca Samuel

Francesca is an interpreter with 20 years of experience in immigration (EOIR). She has been a member of ATA and NAJIT since 1998. She is a tireless volunteer and serves in various committees. Francesca is also a member of the board of directors of Arizona Translators and Interpreters, where she served as president from 2012-2016. She is the current chair of the Immigration Interpreters Committee of the National Assoc. of Judiciary Interpretes and Translators.

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