Post-Conviction Relief for Immigrants

            Clients who speak only a foreign language and clients who are not fluent in English may require an interpreter, either to translate between lawyer and client, to translate court proceedings and documents, or both.[2]

            Counsel should probe carefully whether the client is fluent (able to converse) or literate (able to read and write) in English and the client’s native language.  Be aware that for many Spanish-speakers, Spanish is not the native language.  More often, a Mexican client’s mother tongue is Kanjobal or another of the 22 or so Mayan languages, for example, and Spanish is the client’s second language.

            It is important to obtain an interpreter who is not allied in interest with the prosecution or immigration authorities.  Often, nongovernmental social work agencies can help.  A disinterested interpreter is usually preferable to one of the client’s family members who may intrude his or her own personality and biases into the interview, and in whose presence the client may be ashamed to tell the truth.  As a last resort, a family member or friend may have to do.

[2] The client, in fact, has a right to an interpreter under the Constitution.  See Chapter 6, infra.