Immigration Article of the Day: No Hablamos Habeas: How Incarcerated Immigrant Inmates Struggle with Ineffective Assistance of Counsel Language Access Claims by Maria Pabon Lopez & Jessica Salafia
No Hablamos Habeas: How Incarcerated Immigrant Inmates Struggle with Ineffective Assistance of Counsel Language Access Claims by Maria Pabon Lopez (Loyola University New Orleans College of Law) & Jessica Salafia October 15, 2016 56 Santa Clara L. Rev. 703 (2016).
Abstract: This article examines the constitutional requirements of a fair and impartial criminal justice system that are impacted when a defendant does not speak English and is provided neither with an attorney who speaks their native language nor effective translation and interpretation services. It examines the Strickland v. Washington test for ineffective assistance of counsel claims and discusses language access habeas cases to demonstrate the inadequate state of language access in the legal system. The article concludes by reiterating the importance of safeguards for clients who speak foreign languages inside and outside the courtroom and provides some recommendations to assist in implementing necessary safeguards.
KJ