ERO Language Access Information

Title VI - Civil Rights Act of 1964

The U.S. government prioritizes meaningful language access services and programs. Title VI of the Civil Rights Act of 1964 as amended (42 U.S.C. Section 2000d) prohibits recipients of federal financial assistance from discriminating based on national origin. Language is an aspect of national origin. The agency takes reasonable steps to make their programs, services and activities accessible by eligible persons with limited English proficiency. To ensure nondiscrimination, access to programs and activities should be provided to persons regardless of their ability to speak or understand English.

ICE Detention Standards

U.S. Immigration and Customs Enforcement (ICE) detention standards govern detention facilities throughout ICE’s network. These standards require that information be provided to limited English proficient (LEP) detainees in a language or manner they can understand throughout their time in detention.

Per ICE detentions standards, facility staff must provide communication assistance to detainee who are LEP through bilingual staff or professional interpretation and translation services, to afford them access to facility programs and activities. All written material given to a detainee must be generally translated into Spanish and where practicable, the languages of other significant segments of the LEP population at that facility. Oral interpretation or assistance must also be provided to any detainee who is illiterate or who speaks a language into which written material has not been translated.

LEP detainees are notified about available language assistance via ICE National Detainee Handbook. The Handbook, which is available in 19 languages is given to every detainee, and is also accessible via detention housing unit tablets (at some facilities) and on the public ICE webpage at https://www.ice.gov/detain/detention-management/national-detainee-handbook. In addition to the ICE Handbook, every detainee receives a facility Handbook that provides information on facility-specific programs and services. Where either Handbook is not translated into a detained detainee’s language, the information therein (or pertinent parts) must be orally interpreted for the detainee through a professional interpreter.

While many detention facilities have access to their own contract with a language services provider, facilities that don’t have their own contract or are not able to secure services for a particular language under their contract can access ICE Enforcement and Removal Operation’s language services contract, as needed.

Language Assistance Services

U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) provides timely, accurate, and effective communication to limited English proficient (LEP) aliens to ensure access to our programs and activities.

Many ICE ERO staff have sufficient proficiency in one or more languages other than English and communicate with LEP aliens in their primary language, when appropriate. Additionally, through contracts with language services vendors, ICE ERO uses professional oral interpretation and written translation services that cover more than 100 languages, including rare and Indigenous languages. ICE ERO has access to an ICE-wide 24 hours a day, seven days a week language services contract for interpretation (oral) and translation (written).

Note: ICE ERO’s language services are intended to facilitate communication between LEP aliens and ICE ERO (or detention facility) staff. These ICE ERO-funded services are not directly available to LEP detainees for purposes of communicating with other detainees, other government agencies, or outside entities, or for assistance with completing their benefit applications or forms. While detained LEP detainees are physically in ICE custody, ICE ERO and facility staff are not required by ICE detention standards or Title IV of the Civil Rights Act of 1964 to translate detained LEP detainees’ personal legal documents, some of which may be used in evidence opposite ICE and therefore may present an inherent conflict of interest. Further, ICE ERO does not have the authority or responsibility to translate other government agency (e.g. The U.S. Citizenship and Immigration Services (USCIS) or Department of Justice Executive Office for Immigration Review (EOIR)) forms, instructions, or resources available to detainees in English only, or to provide detainees with an interpreter to complete these other agency forms and materials or processes (e.g. during USCIS credible fear interviews or EOIR court hearings). Concerns with the lack of availability of these materials in other languages should be directed to those government agencies.

Indigenous Languages

U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO)regularly coordinates with its language line vendors to better ensure recruitment and availability of over-the-phone interpretation services to serve those in ICE custody who speak Indigenous languages.

ICE ERO disseminated to field offices nationwide tools designed to help staff identify aliens who speak Indigenous languages. These include an ICE ERO audio/visual PowerPoint, Intake Tool for Identifying Indigenous Languages, and an ISpeak Indigenous Language Identification flyer developed by the Department of Homeland Security Office for Civil Rights and Civil Liberties.