Episode 3: Limited English Proficiency and Microaggression in American Culture
Welcome to Legal Thoughts
Lawyer introduction:
My name is Coleman Jackson and I am an attorney at Coleman Jackson, P.C., a tax, litigation and immigration law firm based in Dallas, Texas. In addition to me, we have Legal Assistant, Leiliane Godeiro, Legal Assistants, Ayesha Jain and Mlaah Singh, and Administrative Assistant, Michelle Gutierrez. On today’s “Legal Thoughts” podcast, our paralegal, Mlaah Singh, will be interviewing me and my guest, Ana Marcela Rodríguez, a mental health professional at Therapy Works Counseling, as we discuss the law, mental health, and psychology as it affects those seeking legal services. This is a series of podcasts:
The first podcast in this series is “Immigration and trauma”
The second podcast in this series is “Violence against women (domestic violence and immigration)”
The third podcast in this series is “Limited English Proficiencies and Microaggressions in American Culture.” The Merriam-Webster dictionary defines microaggression as a comment or action that subtly, and often unconsciously or unintentionally, expresses a prejudiced attitude toward a member of a marginalized group (such as a racial minority)." This episode of Legal Thoughts will narrow our focus on micro-aggressive attitudes and behaviors as they relate to immigrants. Make no mistake about it; American culture is not the only culture in the world where these subtle, unconscious, or slight slights occur. Unintentional and in fact openly discriminatory feelings and attitudes exist today among peoples around the world, and these sins against each other have existed throughout the world since our fall from grace. Therefore, our Legal Thoughts podcast audience should not think that American culture is more intolerant than any other society. Americans tend not to hide their imperfections. other ways we often distinguish ourselves and separate ourselves. So in this episode of the podcast we highlight immigrants with limited English proficiency and the microaggressions in American culture America has been and continues to be a beacon of hope for all types of people around the world as we continue to seek this more perfect union of self-government and life, liberty and the pursuit of happiness for ourselves and our posterity.
Interviewer introduction:
Hello everyone. Welcome back to Legal Thoughts! My name is Mlaah Singh and I am a paralegal at the tax, contracts, litigation and immigration law firm of Coleman Jackson, Professional Corporation. Our law firm is located at 6060 North Central Expressway, Suite 620, right here in Dallas, Texas.
■This is the third podcast in our podcast series of legal thoughts on immigration and mental health. Today's topic is Limited English Proficiency and Microaggression in American Culture
■Before I begin my questions on this important topic. I want to warmly welcome our guest podcaster, Ms. Ana Marcela Rodrigues, and give her the opportunity to greet our audience at this time.
Guest podcaster introduction:
Good afternoon everyone; My name is Ana Marcela Rodríguez. It's great to be back on the Legal Thoughts Podcast.
I am a licensed marriage and family therapist and founder of Therapy Works Counseling, we specialize in bilingual counseling services and psychological evaluations for immigration.
I'm excited to begin our second podcast in this series on mental health and the law.
Interviewer: Mlaah Singh, Paralegal:
Thank you very much Ms. Marcela and welcome back to Legal Thoughts.
Today's conversation will be much more specific about microaggressions and possible action steps, whether one is seeking mental or legal advice.
Question number one for the lawyer, Jackson:
Mr. Jackson, what legal protections are in place to support limited English proficient (LEP) individuals as they navigate the U.S. immigration system?
Attorney Answer: Coleman Jackson:
■Hi Mlaah and thanks for this question. Chapter 8 of the United States Code, the Immigration and Nationality Act establishes the law in America as it relates to immigration policies, protections and procedures. The English language is not the official language of the United States. English however is the dominant language spoken in the United States. Let me point out at least six protections under the INA for immigrants with limited English proficiencies as follows:
1.Under the INA, immigrants coming to the United States are not required to speak, read, or write English in order to visit the U.S.
2.Under the INA, immigrants seeking to reside here as permanent lawful residents or Green Card Holders are not required to speak, read, or write English in order to become a U.S. permanent resident.
3.Under the INA, immigrants seeking to naturalize or become United States citizens are required to demonstrate an understanding of English, including the ability to read, write, and speak words in ordinary usage in order to become a United States citizen.
4.The INA provides that the English language requirement during naturalization hearings are not designed to impose extraordinary or unreasonable conditions on the immigrant. The Naturalization Hearing Officer is to test the immigrant's ability to read and write basic English phrases. The immigrant does not have to exhibit fluency in the English language in order to pass the English Language Requirement for naturalization.
5.The INA provides that any foreign language document submitted to the Department of Homeland Security must be properly and accurately translated into English by someone competent in the foreign language and English. All foreign language documents must be accompanied with the English translation with the translator's certification of competence in both languages. Neither the immigrant nor the immigrant's attorney qualify as the Certified Language Translator under the INA.
6.The INA provides that an immigrant who has business before the Department of Homeland Security who cannot conduct their business without the need of a translator can provide a translator at no cost to the United States government. Certain individuals are not qualified to serve as the language translator, such as, the immigrant's attorney. The translator can be a family member or friend of the immigrant or any competent third party who are fluent in English and the foreign language.
■With these I have tried to give our audience a broad understanding as to protections provided in the Immigration Nationality Act for those immigrants with limited English proficiencies. This rendition of protections are not intended to be all inclusive.
Interviewer: Mlaah Singh, Law Clerk:
Interviewer Comment: It's very refreshing to see that while English proficiency is important for citizenship, the INA also ensures accessibility for those who may not be fluent with measures like document translation and the allowance of translators during interactions with Homeland Security.
Question Number Two to Ana Marcela Rodriguez:
How can micro aggression impact the mental health of the individuals?
Guest Podcaster: Ana Marcela Rodriguez, Mental Health Professional:
Microaggressions, defined as brief and commonplace verbal, behavioral, or environmental indignities, can have a significant impact on the mental health of individuals. These subtle, often unintentional acts of discrimination or stereotype reinforcement can generate feelings of anger, frustration, and distress in the recipients, leading to long-term psychological harm.
Firstly, microaggressions can erode an individual’s self-esteem and self-worth. Constant exposure to comments or behaviors that trivialize or diminish one's identity can lead to feelings of inadequacy and self-doubt, ultimately contributing to anxiety and depression.
Furthermore, microaggressions can create a hypervigilant state in individuals, consistently anticipating and preparing for potential acts of discrimination. This chronic stress can lead to heightened levels of anxiety and even post-traumatic stress disorder in some cases.
Furthermore, the cumulative effects of microaggressions can lead to a deep sense of isolation and disconnection from one's community or environment, contributing to feelings of alienation, hopelessness, and despair.
Interviewer: Mlaah Singh, Law Clerk
■Interviewer Comment: I see. Addressing and mitigating these subtle forms of discrimination is essential for promoting inclusivity and preserving the well-being of everyone within a community.
Question Number 3 for Attorney, Jackson:
■How can LEP individuals effectively communicate with immigration authorities during the application process to ensure their rights are protected?
Attorney's Response: Coleman Jackson
■The INA establishes that the immigrant may bring at his or her own expense a competent language translator who is fluent in English and his or her language to hearings with immigration officials.
■Over the years, in representing immigrants in legal permanent residence and other hearings, I have always found that immigration authorities are very cooperative and, in fact, appreciate when immigrants have needed language translators. The practice seems to benefit everyone in the effective and efficient communication and administration of the immigrant's business before the authorities.
Interviewer: Mlaah Singh, Legal Assistant
Interviewer Comments: It's great to hear that immigration authorities support and appreciate when immigrants bring competent language translators to hearings. This practice not only facilitates effective communication, but also demonstrates a commitment to inclusion and equity in the administration of immigration procedures.
Question number four for Ana Marcela Rodríguez, mental health professional:
How can we address and have a conversation, when possible, with people who are hurting us with microaggressions?
Guest podcaster: Ana Marcela Rodríguez, Mental Health Professional:
When we are faced with microaggressions from others, it can be difficult to know how to approach the situation constructively. It is important to recognize that these interactions are harmful and have the potential to affect our mental and emotional well-being. However, it is also important to approach the situation with empathy and an open mind, if possible.
One approach to addressing microaggressions is to have a conversation with the person responsible. It can be helpful to express how their words or actions have made us feel, without blaming ourselves. Using "I" statements can be an effective way to communicate our feelings without causing the other person to become defensive. It's also important to approach the conversation with an open mind and listen to the other person's perspective.
Another approach is to seek support from other people, such as friends, family or colleagues. It can be helpful to talk about our experiences with people who understand and validate our feelings. Seeking support can provide a sense of comfort and empowerment, and reinforce our sense of self-worth.
In general, addressing microaggressions requires empathy, open communication, and seeking support from those who understand and support us. It is important to take care of our mental and emotional well-being in the face of hurtful interactions.
Interviewer: Mlaah Singh, Legal Assistant
Interviewer Observations and Comments: Addressing microaggressions requires empathy and open communication. Having constructive conversations and seeking support from understanding people can help protect our mental and emotional well-being from hurtful interactions.
Question No. 5 to Attorney Jackson:
Are there any specific policies or initiatives that can be implemented to promote linguistic inclusion and accommodate LEP individuals in the immigration system?
Attorney's Response: Coleman Jackson
In the United States, immigration policy is established by the United States Congress; These policies are supposed to be carried out by the administration and enforced by the courts. I'm not going to make any comments on immigration policy.
Let me focus on our law firm's approach to limited English proficient individuals who come to our law firm seeking legal representation:
Our law firm accommodates immigrants with limited English proficiency by having team members who are fluent in English, Spanish, and Portuguese.
Prospective clients and clients who speak other languages are asked to bring a competent translator whenever they conduct business affairs with our law firm. We require foreign language documents to be translated into English.
We strive to create a welcoming environment for all people: Here at Coleman Jackson, Professional Corporation, we try very hard to create an office environment of love, compassion and inclusiveness. Everyone is owed love, dignity and respect and our law firm does not tolerate discrimination; whether overtly or covertly, against anyone for any reason.
Interviewer: Mlaah Singh, Law Clerk
■Interviewer’s Comments: Having team members fluent in English, Spanish, and Portuguese ensures effective communication and understanding. Additionally, your emphasis on creating a welcoming environment rooted in love, compassion, and respect for all individuals, regardless of background, is essential for fostering trust and ensuring that everyone receives fair and dignified treatment.
■Question Number six for Ana Marcela Rodríguez, a mental health professional:
What are some common trauma responses or psychological challenges faced by individuals with LEP due to microaggression or language barriers?
Guest Podcaster: Ana Marcela Rodriguez, Mental Health Professional:
Individuals with limited English proficiency (LEP) often face microaggressions and language barriers that can result in various trauma responses and psychological challenges. One common trauma response is hypervigilance, where individuals become overly alert and attentive to potential threats or discrimination. This can lead to increased stress and anxiety, as they constantly feel the need to defend themselves against microaggressions.
Furthermore, LEP individuals may experience feelings of isolation and alienation due to their limited ability to communicate effectively with others. This can lead to depression and low self-esteem, as they struggle to form meaningful connections and relationships in their new environment.
Language barriers can also result in feelings of frustration and helplessness, as individuals are unable to fully express themselves or understand important information. This can lead to a sense of powerlessness and can impact their overall mental well-being.
Additionally, LEP individuals may internalize negative stereotypes and discrimination, leading to feelings of shame and inadequacy. They may also experience a lack of access to mental health resources and support due to their language barriers, further exacerbating their psychological challenges.
Interviewer: Mlaah Singh, Law Clerk
■Interviewer’s Comments: The struggles faced by individuals with limited English proficiency are multifaceted, often leading to heightened stress, isolation, and internalized stigma. Addressing these challenges requires not only linguistic accommodations but also a concerted effort to provide accessible mental health support and resources.
Question Number seven for Attorney:
■In cases where LEP individuals face discrimination or bias during immigration proceedings, what legal recourse or options are available to them?
Attorney Answer: Coleman Jackson
Thank you for this very thought-provoking question. Discrimination against immigrants can be expressed in many different ways. Some prejudice against immigrants is often covert, and some animosity against immigrants can be overt. I have previously reviewed various provisions of the INA regarding the English language requirement when immigrants conduct business with U.S. immigration officials. It is a violation of the INA to openly discriminate against immigrants based on their nationality, and redress for overt discriminatory practices can be pursued in administrative proceedings and, to some extent, in the courts.
Unintentional slights and unconscious aggressive behavior; In my opinion, it can often be best handled by taking a very compassionate approach towards the perpetrator or offender. Perceptions are often not reality and microaggression depends on the sensitivity and contextual framework from which they are observed and experienced by the recipient. Only when the outcomes of immigration cases are materially affected do I typically find the need to address the micro-aggressive attitudes and behaviors perpetrated by immigration officials against my clients. Regardless of how others behave; My focus remains; Advocate for my client, advise my client, and help my client achieve their legal goals!
This is the reality that it is extremely difficult for the law to solve all the problems of the human heart. People can be totally blind to their microaggressive tendencies. The law tends to deal better with overt acts.
Interviewer: Mlaah Singh, Legal Assistant
■Interviewer Comments: Your approach to addressing anti-immigrant discrimination demonstrates a balanced understanding of legal remedies and compassionate engagement. By prioritizing your clients' advocacy and advice while navigating complex legal landscapes, you ensure that their needs and goals are central to your practice.
■Question number eight for mental health professionals:
How can mental health professionals support LEP individuals in developing resilience and coping strategies to overcome the challenges they face in American culture?
Guest podcaster: Ana Marcela Rodríguez, Mental Health Professional:
Limited English Proficient (LEP) individuals face unique challenges navigating American culture, and mental health professionals play a crucial role in supporting them in developing resilience and coping strategies.
Mental health professionals can begin by providing culturally and linguistically appropriate therapy, ensuring that language barriers do not hinder the client's ability to communicate and understand their mental health needs. Additionally, they can offer psychoeducation and support groups specifically tailored to the experiences of people with LEP in American society, allowing them to share their common experiences and learn from each other.
Additionally, mental health professionals can help clients develop coping strategies that are culturally sensitive and relevant to their experiences. This could include practices rooted in their traditions or cultural values, as well as techniques for managing the stress of acculturation and discrimination. By doing so, mental health professionals can empower LEP individuals to navigate the challenges they face in American culture while maintaining their mental well-being.
Ultimately, by providing culturally sensitive and linguistically accessible supports, mental health professionals can empower LEP individuals to develop resilience and cope with the unique challenges they face in American society.
Interviewer: Mlaah Singh, Legal Assistant
■Interviewer comments: I can definitely see that. Through linguistically accessible and culturally relevant interventions, these professionals empower individuals with LEP to develop resilience and cope with the unique challenges they face in American society.
Our listeners who want to hear more podcasts like this, please subscribe to our Legal Thoughts Podcast on Apple Podcast, Google Podcast, Spotify or wherever you listen to your podcast. You can also read our law firm blogs on our website in English, Spanish and Portuguese by visiting our law firm's website, which is www.cjacksonlaw.com and selecting your preferred language. Take care everyone! And come back in about two weeks, for more tax, business structuring, contract litigation, and immigration Legal Thoughts from Coleman Jackson, P.C., located right here in Dallas, Texas at 6060 North Central Expressway, Suite 620, Dallas, Texas 75206.
Calls in English: 214-599-0431 | Calls in Spanish: 214-599-0432 | Calls in Portuguese: 214-272-3100
Attorney: Coleman Jackson
ATTORNEY'S FINAL COMMENTS:
This is the end of “LEGAL THOUGHTS” for now.
■Thank you so much Ana for joining me today for our latest podcast episode in our legal thoughts podcast series on mental health, immigration, and the law.
■ Episode 3 was about limited English proficiency and microaggressions in American culture. As usual, we invite our audience to suggest topics and questions on matters they want answers to related to international, federal, state and local tax matters; contracts, litigation; and business, family and humanitarian immigration. You can read our blogs or contact us at our law firm website, which is www.cjacksonlaw.com. Navigate to English, Spanish or Portuguese using the language selection bottom on our law firm website. In particular, I invite our audience of small business owners to review our blogs and podcasts regarding the requirements of the Corporate Transparency Act of 2021 that mandate most small businesses in the United States to file beneficial ownership information reports with the Financial Crimes Enforcement Network, an agency of the United States Treasury beginning January 1. 2024. IF YOU OWN, OPERATE OR CONTROL A SMALL BUSINESS IN THE UNITED STATES, THE CTA IS INFORMATION YOU NEED TO KNOW!
If you would like to see or hear more taxes, business and contract structuring, litigation and immigration, LEGAL THOUGHTS by Coleman Jackson, P.C. Subscribe to our Legal Thoughts Podcast on Apple Podcast, Google Podcast, Spotify, or wherever you listen to your podcast. Stay tuned! We are here in Dallas, Texas and we want to inform, educate and encourage our communities on issues related to taxes, litigation and immigration. Until next time, take care.
