Collaborative Parters : New Mexico Asian Family Center

1. Promoting Accurate and Effective Communication with Limited English Proficient Persons: Law Enforcement and Community Safety Benefits

2. Albuquerque Police Department LEP in collaboration with Mayor’s Sexual and Domestic Violence Taskforce

3. Collaborative Parters: New Mexico Asian Family Center Elena Giacci, Enlace Comunitario, National Immigrant Women’s Advocacy Project (NIWAP),Washington College of Law American University, & Asian and Pacific Islander Institute on Domestic Violence

4. Demographics

5. What Languages do the Victims and Witness You Work With Speak?

6. New Mexico – Demographics (2011) Total foreign born population – ~199,903 9.8% of the state’s 2.04 million people is foreign born (@200,000) Of this population: ~32% naturalized citizens ~68% non-citizen status (permanent residence, temporary legal status or undocumented) 41.1% rise in immigrant population from 2000 to 2011 Source: http:www.migrationinformation.org/ (August 2013) 6

7. New Mexico – Demographics (2011) Proportion of new immigrants • 27.1% entered in the 1990s • 35.1% entered 2000 or later • 21.1% of children in the state have 1 or more immigrant parents • 85.2% of children with immigrant parents in the state are U.S. citizens

8. NM – Countries/Regions of Origin (2011) *Source: http://www.migrationinformation.org/datahub/state.cfm?ID=NM(March 2013)

9. Top 10 Languages % of “speak English less than ‘very well’” Spanish 78.3% Navajo 9.1% Native North American languages 4.8% German 1.1% French 0.7% Chinese 0.6% 28.1% 20.1% 10.8% 20% 9.4% 54.1%

10. Top 10 Languages Vietnamese 0.5% Japanese 0.4% Arabic 0.3% Taglog 0.3% 65.2% 28.2% 22.8% 22.6%

11. Top native American Languages • Keres • Tewa • Tiwa • Towa • Zuni • Navajo • Southern Athabaskan –Jicarrilla • Mescalero Apache (derivative of Southern Athabaskan)

12. Emerging Languages: Refugee Populations* • Cuban • Somali • Arabic – Iraq • Pashto • Urdu • Farsi • Dari * Information provided by Catholic Charities

13. LEP Definition

14. DOJ LEP Definition Individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English can be limited English proficient, or "LEP." These individuals may be entitled language assistance with respect to a particular type or service, benefit, or encounter.

15. Deaf Deaf (upper case ‘D’) refers to an identity with its own culture, language, and diverse communities; ‘deaf’ refers to a physical condition/ impairment. Deaf and hard of hearing often appear as a disability issue, but also is a language issue.

16. Conversation about proficiency • Effect of Trauma • Languages that do not have words for certain crimes • Rape • Sexual assault • Cultural taboos about discussing sex and sexual violence

17. Source of Law Slide • Civil Rights Act of 1964 Title VI No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving financial aid assistance

18. Source of Law Slide Law governing National Origin and LEP Exec Order 13166 • Federal Agencies providing financial assistance must provide recipients with guidance on obligations to provide meaningful access • Federal agencies must ensure meaningful access and develop plans to carry out meaningful access

19. Source of Law Slide • Crime Control Bill • DOJ Regulations • ADA • New Mexico Constitution • Article 2 Section 14 • Article 7 Section 3

20. DOJ Model Guidance • Police provide free language access to • LEP persons who request it • When officer decides it is helpful to the criminal investigation or prosecution • Police will inform members of the public that language assistance is available free of charge • Language access provided in persons primary language From: DOJ Sample p. 1-2 – Policy

21. DOJ Model Guidance • Primary language means • Native tongue • Language in which the individual most effectively communicates • Translation – written • Spanish, Chinese, Dine, Vietnamese, Korean

22. DOJ Model Guidance • Interpretation - oral • Act of listening to a communication in one language and orally converting it to another language while retaining the same meaning • Consecutive • Simultaneous • Sight

23. Bilingual Interpreter Resources • Bilingual officers • Certified by Albuquerque HR • Telephonic: Pacific Interpreters • Community Resources • Contract/Volunteer

24. Bilingual Interpreter Resources • Interpreter vs. Bilingual person • Interpreter is a trained professional • Bilingual person does not have interpretation skills

25. Procedures: Officer Request • Officer in the field can request an interpreter from their supervisor to facilitate communication • LEP person requests • Perpetrator is LEP • Officer identifies the need

26. Procedures: Officer Request • Is there effective communication with a person who has a limited ability to read, write, speak or understand English • Role of culture in this determination

27. Scenarios: To Identify Language Needs How does an officer secure the scene?

28. Securing the scene • Who is the perpetrator? • Is the offender present? • Where is the offender ? • Does the perpetrator have a weapon? • Is there a weapon in the house? • Where is it? • Is anyone injured? • Who ?

29. How do you obtain this information Could you ask these questions and still not know if the person is LEP?

30. Who needs Interpretation Assistance • Hypothetical scenario interactive activity • Good questions to ask someone you think may be LEP – context • Goals put the person at ease and officer access English language communication abilities before getting into the actual case

31. How do you know whether the persons you are speaking with are LEP • Crime scene at someone’s house • Describe the layout of your house • Crime scene in public or traffic stop • Where are you going • How are you going to get there

32. How do you know whether the persons you are speaking with are LEP • Come to the station to make a report • Domestic violence • Tell me how your day began • Sexual assault

33. Exigent Circumstances Use the most reliable temporary interpreter available to address exigent circumstances • Fleeing suspect • Weapons • Life threatening to the officer /victim/or public

34. Exigent Circumstances Once exigency passes • Seek an interpreter • Bilingual personnel HR approved • Pacific interpreters • Contract /volunteer interpreters

35. Use of Family, Friends, Bystanders in Exigent Circumstances For Securing the scene Informal interpretation, AND Non-confrontational contexts

36. Use of Family, Friends, Bystanders in Exigent Circumstances For Only to obtain basic information at the request of the LEP victim Ideally after determining that the friend, family or bystander is • Not the perpetrator • Not the perpetrators family member or friend

37. What are the concerns about using a friend, neighbor, family member, bystander to interpret?

38. Why children should not interpret • They are possible witnesses to the incident • Words and concepts may be difficult to understand that the officer uses • Interviewees are not likely to be forthcoming with officers if a child is interpreting • Interpreting could put the child at risk from the perpetrator

39. Why children should not interpret • The child may lie about the interpretation • Statements and police reports interpreted by children will be challenged in court by the perpetrator • Putting the child in such a circumstance can be harmful to the child’s emotional development

40. Barring exigent circumstances should not use children • Short time frame only • Life threatening emergency • Examples • Tell EMT what hurts • Fleeing perpetrator • Only questions related to securing the scene • After situation is secured obtain an interpreter

41. Children • How might interviewing the child instead of getting an interpreter to interview the adult affect the criminal case?

42. Children • Be aware of the difference between …interviewing an English speaking child at the scene and …having that child interpret for interview of others

43. How Interpretation Benefits to Law Enforcement • How will it affect case outcomes? • Affects case outcome, avoids • Case being dismissed • Lesser charge • Conviction overturned • Prosecutor decides not to prosecute

44. How Interpretation Benefits to Law Enforcement • Improves officer safety • Correctly identify victim and perpetrator • Primary aggressor determination • LEP persons with interpreters are better able to follow law enforcement directions • Improves integrity and quality of the investigation • Reduces impeachment evidence at trial

45. Why is accuracy of information important • Better statements for prosecution • More likely to get accurate statements from LEP person at the scene due to accurate interpretation • Prosecutor has solid statement should the victim recant • Reduces number of times victim will need to be interviewed to clarify “inconsistencies”

46. Language identification • I need an interpreter – I speak Cards • Sample of language cards • UNIVita tool Add web address • Need on-line capacity

47. Using an interpreter in the context of a criminal investigation • Officer responsible for • The investigation of a case • Interrogations • Controlling actions in the case

48. Using an interpreter in the context of a criminal investigation • Interpreter is • A third party neutral conduit for communication • Not there to investigate only to communicate

49. Ensuring interpreter impartiality Screen for conflict of interest • Where is the interpreter from? • Does the interpreter know the parties or witnesses? • Confirm that they follow the interpreters code of ethics

50. Ensuring interpreter impartiality • Ask the LEP person if they • Know the interpreter? • Are comfortable with this person interpreting? • If they are not comfortable contact supervisor to seek another interpreter • Via telephone or other resource