There is a perception that the immigration process in America consists of simply telling your story to an immigration judge or standing in line and filling out forms. The reality, however, is that immigration judges often never hear the real story from the immigrant, and there is no line to stand in. The idea that the government is there to help the immigrant through the process is not true, as there is often little or no help for applicants in the immigration process, even though foreign nationals are forced to sign statements stating they were offered legal services.
For foreign nationals who do not speak English, their fate often depends on whether a translator correctly explains their situation to an immigration judge or government worker. Language is more of an issue than most realize, because so much gets lost in translation. A government-paid translator is there for the government's benefit, and not the immigrant. In addition, agencies like Immigration and Customs Enforcement (ICE) often do not have translators available, but instead rely on agents who took classroom-taught language lessons. Unfortunately, they are often anything but accurate in trying to understand an immigrant.
In addition, foreign nationals often struggle to understand the basic concepts of American justice. In many countries, attorneys are not trusted, because they also work for the government. It is very difficult for some immigrants to understand “attorney-client privilege”. Additionally, many immigrants do not understand the concept of appeal. Immigration activist Ralph Isenberg of the Isenberg Center for Immigration Empowerment (ICIE) says many immigration attorneys who do not practice in the federal system fail to properly inform their clients of their appeal rights. These attorneys would rather avoid litigation in the federal system, which is very time consuming, expensive, and difficult to drop once started.
Isenberg questions whether an immigrant appearing before an immigration judge is even competent to appear, if there is a language barrier and the most fundamental concepts of American law are not understood. Isenberg feels when an immigrant cannot contribute to their defense to remain in the United States because of language and understanding our system of law, it raises serious questions of due process. He feels an immigrant has the right to understand what is taking place in immigration court and make an informed decision, rather than having a decision made for them.
Isenberg points to a case in which an undocumented immigrant from Mexico was in deportation proceedings. Without a proper translator, he was ordered deported, and was not able to explain his situation to the immigration judge. At the urging of Isenberg (who was in the court room), a child of the immigrant stood up and told the judge - in English - that their dad was dying and all the family wanted was take him to their home in California and let him live out his last days there.
“Even though the immigration judge was not impressed and said it was too late for that, the government attorney agreed to stop the deportation process, but this sort of miscommunication is common,” Isenberg relates.
For foreign nationals who do not speak English, their fate often depends on whether a translator correctly explains their situation to an immigration judge or government worker. Language is more of an issue than most realize, because so much gets lost in translation. A government-paid translator is there for the government's benefit, and not the immigrant. In addition, agencies like Immigration and Customs Enforcement (ICE) often do not have translators available, but instead rely on agents who took classroom-taught language lessons. Unfortunately, they are often anything but accurate in trying to understand an immigrant.
In addition, foreign nationals often struggle to understand the basic concepts of American justice. In many countries, attorneys are not trusted, because they also work for the government. It is very difficult for some immigrants to understand “attorney-client privilege”. Additionally, many immigrants do not understand the concept of appeal. Immigration activist Ralph Isenberg of the Isenberg Center for Immigration Empowerment (ICIE) says many immigration attorneys who do not practice in the federal system fail to properly inform their clients of their appeal rights. These attorneys would rather avoid litigation in the federal system, which is very time consuming, expensive, and difficult to drop once started.
Isenberg questions whether an immigrant appearing before an immigration judge is even competent to appear, if there is a language barrier and the most fundamental concepts of American law are not understood. Isenberg feels when an immigrant cannot contribute to their defense to remain in the United States because of language and understanding our system of law, it raises serious questions of due process. He feels an immigrant has the right to understand what is taking place in immigration court and make an informed decision, rather than having a decision made for them.
Isenberg points to a case in which an undocumented immigrant from Mexico was in deportation proceedings. Without a proper translator, he was ordered deported, and was not able to explain his situation to the immigration judge. At the urging of Isenberg (who was in the court room), a child of the immigrant stood up and told the judge - in English - that their dad was dying and all the family wanted was take him to their home in California and let him live out his last days there.
“Even though the immigration judge was not impressed and said it was too late for that, the government attorney agreed to stop the deportation process, but this sort of miscommunication is common,” Isenberg relates.
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