Language Access Assessment and Planning Tool for Federally Conducted and Federally Assisted Programs (2011)

Type of practice: Tools
Country: United States of America
Name of Stakeholder: Government of the United States of America
Type of Stakeholder Implementing the Practice: Host State
Type of crisis: Conflict, Natural Disaster
Crisis phase: Crisis Preparedness, Emergency Response, Post-Crisis Action

Related Links: Publication

Description

The goal of all language access planning and implementation is to ensure that agencies communicate effectively with limited English proficient (LEP) individuals. As the Attorney General notes in his Memorandum to all Federal Agencies Regarding the Federal Government’s Renewed Commitment to Language Access Obligations Under Executive Order 13166, this requires ensuring effective communication at all points of contact between an LEP person and an agency. The Interagency Working Group on Limited English Proficiency, created by the Civil Rights Division within the U.S. Department of Justice, collaborated with the Federal Coordination and Compliance Section (FCS) to create a Language Access Assessment and Planning Tool. While each agency’s approach to overcoming language barriers may differ depending on a variety of factors, a useful model for providing meaningful access to LEP individuals often includes:

• Conducting a self-assessment to determine what types of contact an agency has with the LEP population.
• Developing language access policy directives, implementation plan, and procedures.

Guidelines/Thematic Areas

Information on migrants

GUIDELINE 2: Collect and share information on migrants, subject to privacy, confidentiality, and the security and safety of migrants

To protect migrants when conflicts or natural disasters erupt, States, private sector actors, international organizations, and civil society need information about migrant populations. Aggregated data on the municipal, national, regional, and international scale of migration and the demographics of migrants, such as gender, age, and nationality, enable stakeholders to understand the nature and scope of needs in the case of a crisis. Local-level migrant community profiles help stakeholders target responses. Some stakeholders collect detailed information on the location of migrants, how to contact individual migrants, emergency and family contacts, and specific vulnerability and needs. Recruitment and placement agencies collect information on the location and situation of labor migrants they deploy to other States and can be a useful source of information.

Migrants play a key role in sharing and updating their information to enable stakeholders to contact and assist them in the event of a conflict or natural disaster. That said, migrants in an irregular immigration status in particular may have reservations about putting themselves at risk by becoming more ‘visible’ and sharing contact and other information with stakeholders, especially State authorities. Such migrants are also more likely to be highly mobile and move from one temporary residence to another. Efforts to collect and share aggregated information on migrants in an irregular situation should address these barriers. Engaging civil society can help mitigate such challenges.

In cases where States, private sector actors, international organizations, and civil society collect personal data, they should respect privacy rights and confidentiality with a view to ensuring the safety and security of the migrants (and where relevant, other stakeholders) on whom they collect and share information. In collecting and handling information containing migrants’ personal details, stakeholders need to act in accordance with applicable law and standards on individual data protection and privacy. Stakeholders should also ensure informed consent. Stakeholders can adopt clear guidelines that define the type of personal data to be collected and the ways in which such data will be handled, including circumstances in which data can be shared.

Sample Practices

• Registration systems for citizens abroad that enable States of origin (or family, community, or civil society, where practical and appropriate) to contact migrants in the event of a crisis and provide them with information on the crisis and available assistance.
• Measures to encourage citizens to register, such as user-friendly, online registration systems that highlight the benefits and services that become available through registration.
• Host State registration systems to collect information on migrants upon arrival.
• Aggregated data and research on migration trends and demographics, including the purpose and routes of migration and nature and characteristics of migrants.
• Information on migrant community profiles, migrant networks, and focal points.
• Databases of migrant workers that include information on accompanying family members.

Empowering migrants

GUIDELINE 3: Empower migrants to help themselves, their families, and communities during and in the aftermath of crises

In order to help themselves and others and to enjoy their rights, migrants need access to identity documents, basic public services, and financial and other resources. Migrants’ ability to help themselves and enjoy their rights can be undermined by factors related to their entry and stay, means of arrival, connections to local populations, and conditions in the host State, including in workplaces. These factors can in turn undermine emergency response and recovery efforts.

States, private sector actors, international organizations, and civil society can promote migrants’ resilience and empower migrants to help themselves during and after a crisis by addressing underlying conditions of vulnerability. Respecting, protecting, and fulfilling migrants' human and labor rights in ordinary times advance these goals as do efforts to ensure migrants are able to access information, basic services, and administrative, judicial, and other redress mechanisms.

Legal, policy, and operational factors that constrain protection should be addressed. Examples of obstacles include laws, policies, and practical barriers that arbitrarily restrict the movement of migrants, enable arbitrary detention, discriminate between migrants and citizens in the provision of humanitarian assistance, or permit exploitative employment or recruitment practices.

In times of crisis, fear of immigration enforcement can inhibit migrants, particularly those in an irregular immigration status, from accessing necessary help. In this context, it is important to separate immigration enforcement actions from those that promote migrants’ access to services, humanitarian assistance, identity documents, and movement.

Stakeholders can provide migrants—prior to departure from the State of origin, upon arrival in the host State, and during their stay in the host State—with pertinent information related to country-specific conflict or natural disaster hotspots, rights and potential rights violations or abuses, ways to access timely, credible, and regular information, emergency contact points, and what to do and where to go in the event of a crisis. Building migrants’ skills to communicate in the host-State language and increasing migrants’ financial literacy may prompt migrants to invest in savings, take out micro-insurance, and better prepare for navigating unforeseen circumstances.

Sample Practices

• Pre-departure and post-arrival training for migrants that includes crisis-related information.
• Positive communication about migrants, including through migrant role models and campaigns to promote tolerance, non-discrimination, inclusiveness, and respect.
• Financial products, including micro-insurance, savings accounts, and fast-cash loans that target migrants’ needs, including low-income migrants.
• Measures that respect, protect, and fulfill migrants’ human and labor rights, including addressing barriers that inhibit migrants’ ability to enjoy their rights.
• Identity cards for migrants in an irregular immigration status to promote their access to services.
• Ethical recruitment processes and accreditation, and integrity certification schemes.
• Community-based alternatives to detention for migrants.

Preparedness and emergency response systems

GUIDELINE 4: Incorporate migrants in prevention, preparedness, and emergency response systems

States and other stakeholders have laws, policies, and programs on prevention, preparedness, and emergency response to reduce the impact of crises. Taking into account the presence of migrants, their vulnerabilities, and their potential needs in prevention, preparedness, and emergency response frameworks, including on disaster risk reduction (DRR), can promote resilience in the event of a conflict or natural disaster. Clear laws and policies on migrants’ eligibility for different types of assistance in the event of a crisis promote certainty. If the presence of migrants is not known or is inadequately incorporated in planning, stakeholders may overlook migrants in their responses. If stakeholders fail to appreciate factors that make migrants vulnerable, such as language barriers, isolated working conditions, irregular immigration status, or mistrust of authorities, responses may be ineffective. When laws and policies are unclear, responses towards migrants can be unpredictable and insufficient.

Migrants themselves and civil society may be in the best position to assist States and other stakeholders to appreciate the presence of migrants, their vulnerability, and needs. In this respect, involving migrants and civil society in the development of prevention, preparedness, and emergency response measures can be helpful. Such actions also build trust between migrant populations and State and non-State actors who provide protection.

Migrants and civil society also have capacities and resources that they can contribute to preparedness and emergency response. Their language abilities, first-hand knowledge of migrant populations, understanding of cultural norms within their communities, and ability to foster greater trust toward State authorities and other actors can be leveraged to create more comprehensive and effective systems and programs.

Sample Practices

• Platforms to facilitate the engagement of migrants in the design and implementation of prevention, preparedness, and emergency response systems.
• Taking migrants into account in national and local frameworks on prevention, preparedness, and emergency response, including by recognizing migrants as a specific group with needs and capacities.
• Recruitment of migrants as staff or volunteers in prevention, preparedness, and emergency response mechanisms.

Communication before a crisis

GUIDELINE 6: Communicate effectively with migrants

Migrants need to understand potential risks associated with a crisis, where and how to obtain assistance, and how to inform stakeholders of their needs. Stakeholders should find appropriate channels to communicate with migrants and to identify their needs and capacities. To do so effectively, States, private sector actors, international organizations, and civil society should address language, cultural, and other barriers. The effects of crises, such as power failures, loss of internet and satellite communication systems, and even the deliberate spread of misinformation (for instance, by people smugglers) may disrupt or constrain communication with migrants.

Communication efforts should also take into account the diversity among migrants present in host States. Diverse, multiple, formal, and informal methods of communication can help overcome barriers to effective communication with migrants. Women migrants are a large majority of domestic workers worldwide. Due to the isolated nature of this work, women in domestic work are extremely vulnerable to abuse and exploitation, including physical and sexual abuse, forced labor, and confinement. In times of crisis, this vulnerability is exacerbated and they can be hard to reach via traditional communication channels. Fear of being detected, detained, or deported may inhibit migrants in an irregular immigration situation from accessing available communication channels. Migrant children can become unaccompanied or separated. They absorb information and communicate their needs in different ways than adults. Elderly migrants sometimes lack host-language capabilities. Migrants with disabilities may need braille, audio cues, and other disability-sensitive interventions. In the chaos that can ensue during crises, migrants in detention may be overlooked. Efforts to communicate with migrants should be sensitive to the predicaments of migrants in different circumstances.

Communication channels can take advantage of social media, places of worship, and migrants’ connections with their families and communities in their States of origin. Enlisting and involving migrants and faith-based and other civil society in establishing communication methods, and promoting their ability to communicate with each other, can facilitate communication with migrants, including hard-to-reach and hard-to-engage populations. Health or outreach workers who are already present in the community may be able to communicate in the languages migrants speak and understand different cultures in the community. Engaging and training them may be an effective method to deliver information to migrant communities.

Sample Practices

• Multiple traditional and innovative communication channels to reach diverse migrant populations and minimize the effects of possible communication disruptions.
• Multiple mediums for communication in the languages migrants speak, at diverse literacy levels, to accommodate ways in which people absorb information, including accessible formats for persons with disabilities.
• Mobile applications and social media as a cost-effective, user-friendly, and widely accessible mechanism to provide crisis-related information.
• Helplines, hotlines, and call centers as an accessible and low-tech means through which one-way or two-way communication with migrants can be facilitated.
• Communication by civil society, especially migrant networks, diaspora, and faith-based actors with migrants in an irregular immigration status and others who may be hard to access.

Coordination

GUIDELINE 7: Establish coordination agreements in advance to leverage strengths and foster trust

States, private sector actors, international organizations, and civil society often work with fewer resources than required. Each of these stakeholders has unique skills, resources, and strengths. Working together to build partnerships, entering into agreements, and establishing routine coordination improves collective responses towards migrants, and prevents duplication of efforts. Such arrangements are best entered into before the next conflict or natural disaster, when stakeholders have the opportunity to anticipate challenges and leverage unique skills and strengths. Joint planning and coordination maximizes resources, improves the effectiveness of responses, and fosters trust between stakeholders. Involving migrants and civil society, who have first-hand knowledge of the specific needs and challenges faced by migrants, can improve the effectiveness of efforts to protect migrants in countries experiencing crises, including at the local, national, regional, or international levels.

These arrangements may relate to a range of activities relevant to the needs of migrants during the emergency phase and its aftermath—from collection of data to information sharing, consular services to identity assessments, awareness-raising to strategic communication plans, provision of humanitarian relief and services to referral systems, capacity-building to evacuation and reintegration assistance, and much more. This may include coordination and information sharing among anti-trafficking experts and humanitarian assistance providers to ensure screening for trafficking and referral to appropriate services. Additionally, by developing systems to identify refugees, asylum-seekers, and stateless persons, States can better ensure that these persons are appropriately referred to the available refugee and other protection mechanisms.

Stakeholders can often arrange in advance key services and resources that will be in high demand when a crisis hits, including transportation, shelter, food, health care, and timely and accurate information. Establishing and maintaining clear channels of communication between consular posts and relevant agencies of the host State is important. Such channels of communication could prove critical during crisis situations.

Sample Practices

• Pre-arranged agreements among stakeholders, such as agreements between States and international organizations for identity verification, shared use of assets, family tracing, and deployment of experts and humanitarian personnel.
• Multi-stakeholder agreements for relocation and evacuation that set out roles and responsibilities of partners and provide guidance on allocation of costs.
• Cross-border cooperation on crisis preparedness, taking into account particular needs of migrants, especially at a local level for communities that straddle borders.
• Reciprocal consular assistance and representation agreements to address gaps in situations where States do not have a diplomatic or consular presence in a country or have limited capacity

Capacity building

GUIDELINE 8: Build capacity and learn lessons for emergency response and post-crisis action

Limited resources, funding, and technical skills can all affect the robustness of emergency and post-crisis responses. Understanding and assessing these limitations is a critical first step towards overcoming them. Stakeholders’ investment in their own capacity to improve emergency response and post-crisis recovery for migrants is critical.

Capacity building may relate to such varied areas as consular services, training for responders, resource allocation, funding mechanisms, insurance schemes, relief goods and services, border and migration management, and relocation and evacuation. Many of these areas are relevant for both the emergency and post-crisis phases. Stakeholders should also consider addressing potential reintegration challenges for migrants, their families, and communities, facilitating re-employment, income generation, and safe remigration, and supporting migrants to access outstanding wages, assets, and property left in host States.

States, private sector actors, international organizations, and civil society should assist one another to build and improve their capacity to respond. Undertaking advocacy, monitoring and evaluations, raising awareness, conducting training, sharing information, building research and knowledge, and supporting and learning from each other all help to improve collective efforts to protect migrants.

Sample Practices

• Training and capacity building of stakeholders, such as on effective ways to access migrants and identify vulnerability and needs.
• Dedicated funding to protect migrants, including budget lines, loans, and funding platforms.
• Referral mechanisms that map rosters of experts who can address diverse needs of different migrants.
• Peer-to-peer exchanges for capacity building and learning on tackling challenges associated with protecting migrants.
• Training for consular officials, such as on collecting information on citizens and crisis management, including evacuation.
• Monitoring and evaluation of crisis responses that includes analysis of responses towards migrants.
   

Communication during a crisis

GUIDELINE 9: Communicate widely, effectively, and often with migrants on evolving crises and how to access help

Multiple formal and informal communication systems should be activated once a conflict or natural disaster erupts. Migrants should receive information on the evolving nature of a crisis and on ways to access assistance. In addition, those affected by conflicts or natural disasters often have clear ideas about how to improve their safety and security in an emergency. They are an important source of information about risks, local needs, and gaps in protection.

Stakeholders can communicate information to and receive information from migrants and other stakeholders. Repeat messaging, using multiple channels, and different mediums (infographics, audio, and print) can help expand coverage. This is particularly important to reach migrants in an irregular immigration status, those working in isolated and remote conditions, and those who lack access to social and other networks. Communicating and engaging with a diverse representation of migrants, including with marginalized groups, improves needs assessment.

All stakeholders also benefit from timely information as crises evolve and new issues arise. In conflicts, for example, fighting may break out in new geographic areas and affect different migrant populations. In natural disasters, such as earthquakes, aftershocks may cause new damage. It is important to continue to assess these shifting patterns and adapt responses to changing needs.

Different stakeholders are often privy to unique information. Sharing information and knowledge on the evolution of crises and on available assistance can support efforts by all stakeholders to protect migrants and can mitigate confusion that might otherwise arise. For example, some States may obtain information on particular aspects of conflicts or natural disasters helpful to informing actions by other stakeholders, including humanitarian actors. Stakeholders may find value in developing consistent messaging on risks and status updates during crises.

Sample Practices

• Regular crisis updates and information on where and how to access assistance through multiple communication channels in relevant languages.
• 24-hour call centers with linguistically diverse and trained staff offering information and services.
• Dedicated outreach through volunteers and grass-roots actors to disseminate information on risks, logistics, and assistance to those in an irregular immigration status or working in isolated conditions.
• Migrant support centers to disseminate information to migrants.
• Migrants as a source of information on local conditions, on sources of assistance, and challenges.
• Briefings and situation updates by host State authorities.

Provision on humanitarian assistance

GUIDELINE 11: Provide humanitarian assistance to migrants without discrimination

In the collective effort to protect migrants caught in countries experiencing conflicts or natural disasters, there is no greater imperative than to save lives and alleviate suffering. Humanitarian assistance should be provided to people affected by a conflict or a natural disaster, including migrants, on the basis of need, without discrimination, and regardless of immigration status, nationality, ethnicity, gender, age, disability, or other differentiating characteristics.

Some migrants, just as with affected citizens, may need assistance to address their particular needs and circumstances. Domestic workers and others working in isolated conditions, migrants in an irregular immigration status, and migrants in detention may require specific assistance from States, international organizations, and civil society. Some migrants may be unwilling to leave host States due to incapacitating financial burdens; they may owe money to recruiters or employers. Others may lack access to the necessary financial resources to leave, because their wages are withheld, their employers are unable or unwilling to pay for their return, or they work in exploitative situations. Pregnant women, persons with disabilities, and the elderly may face mobility challenges.

Migrants’ needs will not remain static during the shifting dynamics of a crisis. Organized criminal networks may take advantage of marginalized migrants in a crisis, exacerbating their vulnerability. A change in circumstances in a migrant’s State of origin may compel some people to seek asylum rather than return. Stakeholders should ensure access to asylum procedures in the host State or States of transit. States may consider providing migrants temporary and other forms of humanitarian protection during or in response to a conflict or natural disaster.

Sample Practices

• Displacement tracking mechanisms to identify migrant movements and needs.
• Tailored assistance to migrants that take into account needs that may arise from gender, age, disability, sexual orientation, gender identity and expression, immigration status, or other characteristics.
• Assessment tools to determine migrant-specific vulnerability and needs, including specialized screening for indicators of human trafficking.
• Targeted action to protect migrant children, including unaccompanied and separated children, and children with parents in an irregular immigration status.
• Services to trace and reunify family members and identify remains and missing migrants.
• Mobile response teams to reach and provide assistance to affected migrants.
• Separation of immigration enforcement from access to humanitarian services to promote access to life-saving assistance especially for migrants who fear authorities.
• Mechanisms to recover outstanding wages.

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