Clinton Order Improving Language Access Threatened; Advocates Urge President Bush Not to Rescind or Scale Back Order

IMMIGRANTS & PUBLIC BENEFITS

Language Access

CLINTON ORDER IMPROVING LANGUAGE ACCESS THREATENED; ADVOCATES URGE PRESIDENT BUSH NOT TO RESCIND OR SCALE BACK ORDER
Immigrants' Rights Update, Vol. 15, No. 3, May 10, 2001

Modest steps taken by the Clinton administration last year to improve limited English-proficient (LEP) persons' access to government-funded programs are now being threatened on a number of fronts. Signed by the former president during the closing days of his administration, Executive Order 13166 calls upon federal agencies to prepare plans to improve LEP individuals' access to programs and activities. The order also instructs agencies to issue guidances clarifying rules that recipients of federal funds must follow in providing services to LEP populations. If successful, the efforts to rescind the executive order or limit its reach could prove harmful for immigrants. Failure to provide meaningful language access is consistently cited by immigrants and their advocates as a key barrier to full and effective participation in government-funded services and activities.

Although English is the dominant language of the U.S., millions of Americans do not yet speak, read, or understand English well enough to communicate effectively in it. And while many LEP persons are eager to learn English, in most cities they face long waiting lists for language instruction. Even with proper instruction, mastery of a new language takes several years. Language barriers often prevent people who are not fully competent in English from obtaining or providing vital information about basic needs and services or from fully understanding their rights and obligations. In a medical setting, for example, the lack of appropriate translation and interpretive services can lead to misdiagnosis or the unnecessary administration of expensive tests. In other areas, such as education and job training, an English-only policy can deny new Americans the tools they need to fully participate and contribute to the nation and its future.

Though opponents of the order have mischaracterized its intent and scope, the executive order and resulting guidances serve only to publicize and clarify the longstanding requirements of Title VI of the Civil Rights Act of 1964. Based on the premise that public funds should not be spent in a manner that supports discriminatory practices, Title VI prohibits discrimination based on race, color, and national origin. For three decades, federal agencies have interpreted Title VI's ban on national origin discrimination to require entities receiving federal funds to provide meaningful access to services for LEP persons.

At the same time the executive order was promulgated, the Dept. of Justice outlined a framework for federal agencies to use in developing their own guidances in compliance with the order (see "DOJ Issues Policy Guidance on Discrimination against Persons with Limited English Proficiency," Immigrants' Rights Update, Aug. 31, 2000, p. 12). Since then, the Depts. of Health and Human Services (HHS), Labor, Transportation, and Justice have published the required guidance. Guidances from several other federal agencies are pending but have not yet been published.

As noted above, opponents of Executive Order 13166 have mischaracterized its aim and requirements. They claim that the executive order and ensuing guidances require translations in more languages than are used in the United Nations, create a costly new federal mandate that will drive service providers out of business, and discourage people from learning English.

Contrary to these contentions, the executive order and guidances do not create any new federal mandates. They merely draw attention to and clarify the meaning of Title VI for each agency and for recipients of federal funds. The clarifications were needed because the requirements of Title VI are not widely understood and compliance has, over the years, been inconsistent.

The agency guidances issued in compliance with the executive order are careful to point out that Title VI grants a great deal of flexibility to government-funded entities in determining how to ensure "meaningful access" to services. Compliance with Title VI's requirements is judged on a case-by-case basis and takes into account a number of factors such as the size and resources of the covered federal funds-recipient and whether the recipient provides service that is vital to life, safety, or well-being. The guidances specifically rule out any application of Title VI's requirements that would unduly burden the provider.

Despite this modest, common sense approach, opponents of the executive order have worked hard in recent months to derail it and the ensuing guidances. For example:

On Mar. 8, 2001, Rep. Bob Stump (R-AZ) introduced H.R. 969, a bill that would repeal Executive Order 13166 and prohibit enforcement of any other executive order requiring agencies to provide services in languages other than English.
English-only advocates have initiated a letter-writing and postcard campaign to congressional offices in favor of the Stump bill and in opposition to the executive order.
Fifty-one medical and dental associations signed on to a letter to HHS Secretary Tommy Thompson, asking him to "impose an immediate moratorium on enforcement of the Office for Civil Rights Policy Guidance on Limited English Proficiency."
The National Association of State Workforce Agencies has registered with the Department of Labor its opposition to the agency's guidance.

These threats to the executive order have prompted immigrants and their supporters to vigorously demonstrate their support for improved language access to government-funded services. In March 2001, advocates from across the country participated in a conference call to share information and to coordinate a response to pressures to repeal the executive order. Since then, more than 300 organizations have signed letters circulated by immigrants' rights advocates pressing President Bush to affirm his administration's support for the executive order. The congressional Hispanic Caucus has strongly urged President Bush and other members of Congress not to shelve, limit, or repeal the executive order and the guidances. In addition, both the Asian and Hispanic Caucus circulated a "Dear colleague" letter to congressional Democrats asking them to sign a letter in support of the executive order.

It is not yet clear how the Bush administration will finally respond to the efforts to repeal or weaken Executive Order 13166. Advocates hope and expect that, ultimately, the administration will decide against rolling back more than three decades of civil rights protections for people who do not yet speak English.