Here’s what you need to know:
- U.S. courts are required to provide interpreters in most criminal and civil cases.
- In New York State, court interpreters are available free of charge.
- If you’re an immigrant in need of interpretation, you should request a court interpreter as early as possible in your case.
- Interpreter services most often cover spoken language and may include sign language for the hearing-impaired.
- Interpreters are available for court hearings, trials, and other court-related services.
What are my rights to an interpreter in court?
Federal law requires courts to provide interpretation for individuals who are not fluent in English or have hearing impairments. The Court Interpreters Act mandates the use of certified or qualified interpreters in federal criminal and civil cases initiated by the U.S. government.
In New York state, the Unified Court System offers free interpreter services in proceedings across Family, Criminal, Civil, Housing, Surrogate’s and Supreme Courts. This applies to all parties in a case, including but not limited to defendants, witnesses and victims.
How do I request an interpreter in New York?
If you are in New York and in need of a court interpreter, notify the court as soon as possible. You can do this in a number of ways:
- Ask your lawyer to request an interpreter from the court on your behalf.
- Let a court clerk know when you file papers.
- Mention your need for an interpreter at your first court appearance.
- Call the court before your hearing and ask how to request an interpreter.
For assistance, you can call the Office of Court Interpreting Services at (646) 386-5670 or email [email protected].
You can also send a mail to:
NYS Unified Court System
Division of Professional and Court Services
Office of Language Access
25 Beaver Street, 7th Floor
New York, NY 10004
What forms of interpretation are provided?
Courts typically provide interpretation in person, by phone, or via video, depending on the language and availability. Services may include:
- Simultaneous interpretation during hearings and trials.
- Consecutive interpretation for one-on-one interactions with court staff.
- Document translation (in some cases).
In New York, the courts offer interpretation in over 100 languages, including Chinese, Haitian Creole and Spanish.
What do I do if I have a problem with an interpreter?
If you have concerns about interpretation services before or during a court proceeding, raise the issue immediately with the judge or a court officer. This allows the court to address the matter on the spot and avoid misunderstandings or delays in your case.
If you are unable to raise the concern during the hearing or trial, contact the New York State Unified Court System’s Office of Language Access as soon as possible by sending an email at: [email protected] or you can call (646) 386-5670.
You can also submit a complaint by filling out the Language Access Complaint Form online or you can print, fill out and email the form to: [email protected], or mail it to:
NYS UCS Office of Language Access
25 Beaver Street, 7th Floor
New York, NY 10004
The office will respond within 60 days of receiving your complaint.
Do the same rules apply in immigration court?
Immigration courts, which are part of the U.S. Department of Justice’s Executive Office for Immigration Review (EOIR), provide interpreters at no cost to individuals who are not proficient in English and are involved in removal proceedings.
According to EOIR, the court will arrange interpretation for both master calendar hearings and individual calendar hearings. You generally do not need to request an interpreter ahead of time, instead the court will assign one to you based on the preferred language. documents. EOIR uses staff interpreters, contract interpreters and telephonic interpretation services. All interpreters must take an oath to interpret and translate accurately, as required by federal regulations.
Are interpreters provided for affirmative asylum interviews?
Not necessarily.
As of Sept. 13, 2023, U.S. Citizenship and Immigration Services (USCIS) requires affirmative asylum applicants to bring their own interpreter if they are not fluent in English or wish to conduct their asylum interview in another language.
USCIS no longer provides spoken-language interpreters, however sign language interpreters are still available as a disability accommodation. To request a sign language interpreter, follow the instructions on your interview notice or call the USCIS Contact Center at 800-375-5283
If you do not bring an interpreter, or if the interpreter is not fluent in both English and your language, and you do not establish good cause, USCIS may consider this a failure to appear and your application may be dismissed.
Your interpreter must:
- Be at least 18 years old;
- Be fluent in English and the language you speak; and
- Not be your attorney or accredited representative, a witness testifying on your behalf, a representative or employee of your home country’s government, or an individual with a pending asylum application who has not yet been interviewed.
However, you don’t need to hire a professional interpreter or even pay for one, according to immigration attorney Jason Dzubow.
“If you have a friend or family member who meets the above requirements, that person can serve as your interpreter,” he wrote on his blog, The Asylumist. “In fact, for most of my cases where the person needs an interpreter, they use a family member or a friend (though it is probably better not to use a close family member, like a spouse, child or sibling)”.
More resources for legal help and language support
If you need legal assistance and language support outside of court, many nonprofit organizations in New York can help. These providers often have multilingual staff or interpretation services available:
- The Legal Aid Society – Offers free legal help in a wide range of areas and often has bilingual staff.
- Make the Road New York – Provides immigration, housing, and labor assistance in Spanish and other languages.
- CUNY Citizenship Now! – Offers immigration legal services with multilingual staff.
- New York Legal Assistance Group (NYLAG) – Delivers free civil legal services with interpretation available.
- Mayor’s Office of Immigrant Affairs (MOIA) – Connects immigrants with free, safe immigration legal help and language assistance programs through its NYC Immigration Legal Services program.
