More Than Miscommunication: Rethinking Interpretation at the Asylum Office

Executive Summary The United States requires asylum applicants to provide their own interpreters for their interviews at the Asylum Office, barring exceptional circumstances. Applicants can face significant hurdles in finding suitable interpreters, who play a critical role in giving them a voice in the asylum process. Inaccurate interpretation can have serious ramifications such as denial of an applicant’s asylum claim. Despite the critical need for meaningful language access in the asylum process, interpretation at the Asylum Office remains understudied. This article represents a first attempt at bringing the scholarly and practitioner communities together to rethink interpretation at the Asylum Office, with the goal of identifying feasible steps that the Asylum Office can take to enhance language access. This article proposes the below five holistic policy recommendations to improve interpretation at the Asylum Office, based on data from 28 interviews with attorneys who practiced before either the Arlington or Houston Asylum Offices, as well as the authors’ own prior professional experiences advocating on behalf of asylum seekers. 1. Government provision of telephonic interpreters. 2. Advance notice when a bilingual asylum officer can conduct an asylum interview in a language other than English. 3. Additional institutional support for asylum officers including lunch breaks. 4. Improved data collection regarding interpretation. 5. Additional research including analysis of how the COVID-19 pandemic affected interpretation at the Asylum Office. These recommendations are a starting point to improving language access at the Asylum Office. With this article, the authors hope to spark future research and conversations to ensure that individuals with limited English proficiency have meaningful access to asylum interviews.