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Language Access in Prisons and Correctional Facilities: Preparing for Demographic Shifts Under the New Administration

Writer's picture: Alex H BereaAlex H Berea


Translation and Language Access in Corrections

Reading time: 5 minutes.



The landscape of correctional and detention facilities in the United States is on the brink of significant change. With the incoming presidential administration’s stated intention to increase detentions and immigrant processing, the populations within these facilities are expected to grow—bringing with them a rise in linguistic diversity.


Addressing language access and compliance will become more critical than ever as facilities face the challenges posed by this trend.


This blog post explores the compliance obligations, liability risks, and financial implications of failing to provide accurate translations and interpretations for Limited English Proficient (LEP) individuals, while emphasizing the need for proactive preparation in the face of upcoming changes.


  1. The Industry at a Glance: Language Access and Compliance Requirements


Title VI of the Civil Rights Act of 1964 mandates meaningful access for LEP individuals in federally funded institutions, including prisons and detention centers. Read more about Title VI here. This legal requirement ensures that individuals are not discriminated against based on their national origin and have the ability to understand their rights and responsibilities.

The U.S. Department of Justice (DOJ) has reinforced this mandate through its Language Access Plan, emphasizing the importance of translating vital documents and providing interpretation services. Explore the DOJ Language Access Plan here. Non-compliance with these requirements can lead to lawsuits, fines, and even the loss of federal funding.


  1. The Risks of Neglecting Language Access


Facilities that fail to provide accurate translations and interpretation services expose themselves to significant risks:

  1. Legal Consequences: Numerous facilities have faced lawsuits and settlements due to non-compliance. Find resources on legal and compliance matters related to LEP at LEP.gov. For example, in 2019, a New York-based detention facility incurred substantial legal fees and operational costs to overhaul its language access policies following a DOJ investigation. Read more about DOJ investigations on non-compliance.

  2. Financial Costs: Miscommunication stemming from language barriers often escalates into grievances, discrimination claims, or even class-action lawsuits. The California Department of Corrections allocated over $1 million to address similar issues, illustrating the high cost of inaction. Learn about California Department of Corrections initiatives.

  3. Operational Challenges: Without clear communication, misunderstandings among LEP individuals can lead to disruptions, safety concerns, and increased staff workloads.


  1. Anticipating Future Challenges


The incoming administration’s policies are expected to increase detentions and immigrant processing, introducing a wider array of foreign and less commonly encountered languages into correctional facilities. Explore research on immigrant detention and language access by the Vera Institute of Justice. Preparing for this shift is not only a legal and operational necessity but also a financial imperative.

The Compliance Value

  • Meeting Title VI and DOJ requirements protects facilities from lawsuits, fines, and reputational damage.

  • Proactively addressing language needs demonstrates a commitment to equity and fairness, enhancing institutional credibility.

  • Using Over the Phone Interpretation (OPI) or Video Remomte Interpretation (VRI) to verbally translate Vital Documents cannot be used as evidence that the document was provided to the inmate/detainee in their relevant language, leaving the issue open for a Compliance Note or Penalty.

The Financial Value

  • Reducing lawsuits and grievances saves on legal costs and settlement expenses.

  • Minimizing miscommunication prevents operational inefficiencies and potential safety incidents.

  • Using over the phone interpretation to explain Vital Documents can easily and quickly add up and exceed the cost of translating documents.


  1. Actionable Steps for Facilities


To meet the challenges posed by increased linguistic diversity, correctional facilities must prioritize robust language access strategies:

  1. Evaluate Language Needs: Consult with a Language Access Consultant to analyze data and assist in determining language trends, as well as the guidelines and rules that apply to the language access actions that need to be prioritized. Book a consultation here.

  2. Translate Vital Documents: Ensure that critical materials such as grievance forms, disciplinary procedures, and medical request forms are available in multiple languages.

  3. Invest in Qualified Professionals: Use certified translators and interpreters with expertise in legal and correctional terminology. Visit the American Translators Association (ATA) for more information or National Association of Judiciary Interpreters and Translators (NAJIT).

  4. Train Staff: Provide ongoing training to ensure staff understand and implement language access protocols effectively.

  5. Conduct Regular Audits: Periodically review compliance with Title VI and DOJ guidelines to address gaps and maintain readiness.


  1. Conclusion


The intersection of growing LEP populations and evolving federal policies highlights the urgency of prioritizing language access and compliance in correctional facilities. By proactively addressing these needs, facilities can mitigate liability risks, reduce operational challenges, and safeguard against legal and financial consequences.

As the nation prepares for demographic shifts under the new administration, investing in translation and interpretation services for vital documents is not just a matter of compliance—it is a strategic move to ensure operational efficiency, legal integrity, and equitable treatment for all individuals under their care. Correctional facilities that embrace this approach will be better equipped to navigate the future while fostering safer, more inclusive environments.

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