Standing Firm for Language Access: Navigating Fear with Facts and Action

The current climate surrounding language access rights in the U.S. can feel like navigating a storm, presenters at the recent AAITE Advocacy Town Hall told attendees. With an administration seemingly wielding a "chainsaw" against established practices and support systems, a palpable sense of "fear and concern" permeates discussions among educators, advocates, and the families we serve. 

Budget cuts loom, vital guidance has been rescinded, and the very offices tasked with upholding civil rights are seeing their capacities diminished. Yet, amidst this turbulence, a powerful counter-narrative emerges from the shared wisdom of those on the front lines: the foundational laws protecting language access remain, and our resolve must be stronger than ever.

One of the most striking insights is the simple, yet often overlooked, truth that the United States has never had a de jure official language, stated Dr. Bill Rivers, Principal at WP Rivers & Associates. A former Russian<>English translator and interpreter. 

Despite debates and symbolic gestures, the Supreme Court has consistently upheld language rights for over a century (Meyer v. Nebraska, 1923). This is a critical bedrock. While executive orders can change, revoking guidance like Executive Order 13166 which offered practical "how-to" information for providing language access, these orders are not law binding on states, schools, or hospitals. As Dr. Rivers bluntly put it, "Guidance is exactly that... It does not have the force of law or regulation."

The dismantling is real. The Office of English Language Acquisition (OELA), crucial for supporting English learners and the grants that fund their programs, has been reduced from a staff of 15 to just one individual tasked with an immense workload, said OELA’s former Deputy Secretary Monserrat Garibay. 

Offices of Civil Rights across Homeland Security, Education, and Justice departments have faced severe cuts or elimination, leading to a chilling effect on federal enforcement. The expectation is stark: "We do not expect… federal offices of civil rights to pursue investigations around language access," Dr. Rivers said. 

However, this is where the call to action becomes paramount. Bruce Adelson, former U.S. Department of Justice Senior Trial Attorney and one of the speakers, offered a galvanizing perspective: the laws, like Title VI of the Civil Rights Act of 1964 which established language access as a civil right, can only be overturned by Congress. And crucially, individuals don't need to file a complaint with a federal agency before pursuing legal action for Title VI violations. "Sue," he urged, highlighting that the judiciary remains a viable branch for seeking remedies.

The path forward involves a multi-pronged approach:

• Stay Informed & Factual: Counter misinformation with trusted sources. "Keep on Keeping On," urged Katharine Allen, Director of Language Industry Learning at Boostlingo.“If your school district has already developed good language access plans and good cultural navigators, and you have systems in place to provide this kind of language bridging to your [Limited English Proficient] communities the message should be ‘don't change them.’ None of the laws have changed.”
• Local Advocacy: “The opportunities lie where you live; where I live,” Adelson said. “If [parents] don’t get the information, [it’s] time to raise a fuss. Don’t just take it. Don’t just tolerate it!”
• Storytelling: Share the real-world impact of language access – how it navigates educational systems, enables parent participation, and builds trust.
• Organize, Don't Panic: Collaborate with organizations like the American Association of Interpreters and Translation in Education (AAITE), the American Translators Association (ATA), and the National Association of Judiciary Interpreters & Translators (NAJIT). There's strength in numbers and a unified message, Garibay urged attendees.

Conclusion

The message is clear: while the federal landscape may seem hostile, the legal foundations for language access are strong. It's a time for courage, for informed advocacy, and for remembering that the power to effect change often resides within our communities and our collective voice. The question isn't whether we can afford to provide these services, but whether we can afford not to.

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