Language Access to Public Services
Millions of Americans do not speak English well enough to navigate state bureaucracies.
More than 33 million U.S. residents are foreign-born, accounting for nearly 12 percent of the total population. According to data from the 2000 census, over 21 million foreign-born residents do not speak English “very well,” up from 14 million in 1990.1 Yet, because state agencies generally offer information and services only in English, many residents are unable to access the assistance for which they are eligible. For example, when New York closed walk-in unemployment offices in 1997 and required workers to file unemployment claims through a telephone system, most non-English speakers were left at a severe disadvantage.
The number of Americans who speak a language other than English has grown dramatically during the last 30 years.
The Bush Administration has stopped the federal movement toward language access to public services.
In 2000, President Clinton signed an order that aimed to expand language access to federal programs. Executive Order 13166 declared that Title VI of the Civil Rights Act requires federal agencies to ensure that Americans with limited English proficiency are able to obtain necessary information. The following year, the U.S. Supreme Court ruled in Alexander v. Sandoval that individuals could not use the Civil Rights Act to sue governments to compel language access rights.4 While the Bush Administration has never overturned Executive Order 13166, it has done nothing to advance the cause of language access.
Faced with inaction at the federal level, states are enacting laws to tear down language barriers.
California, Maryland and Massachusetts have enacted comprehensive laws to make public services accessible to workers with limited knowledge of English. California and Connecticut allow individuals to file discrimination complaints when access to public services is denied as a result of limited English proficiency. Statutes in Connecticut, Iowa and Nebraska require employers to give immigrant workers notice of their workplace rights in their own language.
States can efficiently and economically ensure access to public services by offering materials in languages other than English.
In 2001, the California Department of Social Services spent less than .004 percent ($648,000 of its $18 billion budget) on language services in five additional languages. A Washington outreach program that cost less than $40,000 helped Spanish-speaking workers access the unemployment benefits to which they were entitled. A report issued by the federal Office of Management and Budget in 2002 found that language-assistance services for individuals with limited English proficiency could substantially improve health and quality of life.5
A Maryland law enacted in 2002 is a good model for guaranteeing language access rights.
The law requires all state agencies to provide services to individuals with limited English proficiency, including the translation of vital documents. In addition, all licensing boards were required to present evidence to the legislature within two years as to whether English should continue to be a requirement for professional licensing.
This policy summary relies in large part on information from the National Immigration Law Center.
Endnotes
- U.S. Census Bureau, “The Foreign-Born Population in the United States: 2003,” August 2004.
- U.S. Census Bureau, “Language Use and English-Speaking Ability: 2000,” October 2003.
- National Conference of State Legislatures, “Language Access: Giving Immigrants a Hand in Navigating the Health Care System,” State Health Notes, October 2002.
- Alexander v. Sandoval, 532 US 275 (2001).
- Executive Office of Management and Budget, “Report To Congress: Assessment of the Total Benefits and Costs of Implementing Executive Order No. 13166: Improving Access to Services for Persons with Limited English Proficiency,” March 14, 2002.
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