Sandra Tan | November 26, 2023

The Erie County Legislature is considering passing a new law that would require many official government documents to be translated into the top six languages spoken in Erie County.

Advocates with the local and state New York Immigration Coalition are urging the passage of the Language Access Act, which would require that all “vital” government documents issued by the county to the public be translated and readily available.

The new law would also require the county to offer on-site translation services to “ensure meaningful equal access to direct public services.”

Advocates painted the need for the language access law this way: “I ask you to imagine how different your day-to-day life would be if you were unable to read your own mail, or even express your basic needs, such as going to the bathroom while lying in a hospital bed,” said Hagar Hafez, a local interpreter and translator, who came to this country with her family under difficult circumstances. “Think about how you might feel going to a road test if you couldn’t communicate with the DMV staff.”

Regine Ndanga, a social worker and mental health provider working with the Partnership for the Public Good, said at a recent County Legislature committee meeting that refugees and immigrants have boosted the local economy and deserve greater ability to understand information about critical services.

“We must also acknowledge that language access is a fundamental human right and the foundation of language justice,” she said. “It empowers individuals to actively participate in our community without fear of being misunderstood or overlooked. Language access is a necessity, not a luxury.”

Advocates pointed out that two Congolese residents died during the Christmas week blizzard because they were unable to understand county blizzard warnings.

“This underscores the critical requirement for language access, particularly in public services such as emergency support, senior care and disability services,” Ndanga said. “We cannot afford to permit another preventable tragedy.”

Erie County would be the first county in the state outside of New York City to adopt such a law, said Suvasini Patel, communications vice president of the New York Immigration Coalition.

County Executive Mark Poloncarz’s administration weighed in on the proposed law, noting that the costs to the county for live and documentary translation services has not yet been calculated.

The administration is asking that legislators eliminate the part of the Language Access Act that forbids the use of online applications and machine interpretation and translation services.

Jordan Zyglis, a representative for the County Executive’s Office, said the administration would appreciate more flexibility in the law in light of the unknown costs.
 
The Language Access Act forbids the use of automated, electronic translation services and artificial intelligence, and precludes using family members or any other member of the public who is not a qualified interpreter from providing county services.
 
Advocates for the law said studies have shown that artificial intelligence cannot properly convey the nuances of human language, emotion or regional dialects.

The Language Access Act would amend the County Charter to establish an advisory board that would determine the top six non-English languages spoken in Erie County, based on a variety of data sources. The committee would also determine which county documents are considered important enough to require translation.
 
 An evaluation of the top six languages would be redone every two years and consider U.S. census and school population data, as well as information from local interpreter and refugee resettlement agencies. Provisions of the law would also accommodate American Sign Language interpretation or real-time caption and transcription services for those who are deaf and hard of hearing.
Appointees from the county executive, clerk and sheriff would serve on the advisory committee.
 
Erie County Legislature Chairwoman April Baskin said she saw firsthand the difficulties that new immigrants face. She encountered a mother standing with her school-age son, who asked on his mother’s behalf how and where to enter a county building for services. The boy was obviously supposed to be in school but instead was with his mother to serve as her translator.
 
A public hearing on the Language Access Act is slated for Dec. 4, with a final vote on the proposed law expected late next month.