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Immigration LawKnow Your Rights

Your Right to an Interpreter in U.S. Immigration Court (2026)

Independently fact-checkedBy Recording Law Editorial Team14 min read

Independently fact-checked against primary sources (last audited September 26, 2026). · 30 primary sources cited on this page. How we verify our legal content

Your Right to an Interpreter in U.S. Immigration Court (2026)

As of September 2026, U.S. immigration courts provide an interpreter at no cost if your English is not good enough to understand and take part in your hearing. That is what the Executive Office for Immigration Review (EOIR) Policy Manual says, and federal regulations require the interpreter to swear or affirm to interpret accurately.

USCIS interviews follow a different rule. At an affirmative asylum interview, and at field office interviews where USCIS does not provide interpretation, you bring your own interpreter. And a right to an interpreter is not a right to a lawyer: the government does not pay for a lawyer in immigration court.

This page explains when you have a right to a free interpreter, how to ask for one, what to do if you cannot follow the interpretation, how USCIS interviews differ, and where to find legitimate legal help. It is general information for families who speak Spanish or another language, not an assessment of anyone's case.

Do you have a right to a free interpreter in immigration court?

Yes, when you need one to understand and participate. Section 3.10 of the EOIR Policy Manual, the official practice guide for the immigration courts, says interpreters are provided "at government expense" to individuals whose command of English is inadequate to fully understand and participate in removal proceedings. It adds that the court tries to accommodate the language needs of all respondents and witnesses.

immigrant rights - finding reliable information

The court arranges an interpreter for the individual calendar hearing, where the case is decided, and, if necessary, for the master calendar hearing. When an immigration judge reviews a negative "credible fear" decision, 8 CFR 1003.42(c) says that if an interpreter is necessary, the court will provide one.

The courts use staff interpreters employed by the court, contract interpreters, and telephone interpretation services. 8 CFR 1003.22 and 8 CFR 1240.5 require anyone interpreting in a hearing to swear or affirm to interpret and translate accurately. Federal employees are exempt from that per-hearing oath; according to the Manual, staff interpreters take it when the Department of Justice hires them.

The interpreter works for the court. Their job is to interpret accurately what is said, not to advise you or argue your case.

Be aware that an interpreter can be waived. A February 2025 EOIR memorandum (PM 25-20) says many people, especially those with representation, may not need language services or may choose to waive them, particularly at a master calendar hearing, as long as the waiver is appropriate. Do not agree to go ahead without an interpreter unless you fully understand the English spoken at the hearing.

How to request an interpreter, and in which language

Section 3.14 of the EOIR Policy Manual explains how. At the master calendar hearing, the respondent should be ready to request an interpreter for themselves and for any witnesses who need one. The request can be made:

  • Orally, at the master calendar hearing. The Manual asks parties to make the request there rather than afterward.
  • In writing, by a motion with a cover page labeled "MOTION TO REQUEST AN INTERPRETER," following the court's filing requirements.
  • In a written pleading, if you have a representative and the judge allows it.

The Manual says to request the interpreter no later than 30 days before the hearing where it will be needed. Every request must include:

  1. The name of the language, including any variations in spelling.
  2. The specific dialect, if applicable.
  3. The geographic areas where that dialect is spoken, if applicable.
  4. Any other languages the respondent or witness speaks fluently.
  5. Any other information needed to select an interpreter.

If your best language is an Indigenous language

Some people understand some Spanish but express themselves better in an Indigenous language, such as K'iche' (Quiché) or Q'anjob'al (Kanjobal) from Guatemala. If that describes you, ask the court for an interpreter in that language and name the region.

The Board of Immigration Appeals (BIA) addressed this problem in Matter of Tomas, 19 I&N Dec. 464 (BIA 1987). A Guatemalan family who spoke Kanjobal, and little or no Spanish, had their hearing through a Spanish interpreter with help from their 15-year-old daughter. The Board held that when a person cannot speak English fluently, a competent interpreter is essential for meaningful participation and for the fundamental fairness of the hearing, and it ordered a new hearing with a professional Kanjobal interpreter.

The Board also noted that there is a great difference between understanding a language and being able to fully translate thoughts from one language to another, and that a desire to avoid excessive continuances does not justify going forward when a person's right to testify may be cut short.

What to do if you cannot understand the interpreter

Say out loud, in front of the judge, that you do not understand. Explain whether the interpreter is speaking too fast, using a different variety of the language, or using words you do not recognize. According to the Policy Manual, hearings are recorded except for off-the-record discussions, and the statute requires a complete record of all testimony and evidence (8 U.S.C. § 1229a(b)(4)). What you say at the hearing goes on that recording; a problem nobody raised is much harder to show later.

Federal appeals courts review these problems case by case. In Perez-Lastor v. INS, 208 F.3d 773 (2000), the Ninth Circuit Court of Appeals reviewed the hearing of a Guatemalan man who understood Spanish but communicated best in Quiché. The court held that he did not receive due process, because an incompetent translation kept him from presenting relevant evidence and led to a finding that he was not credible. It said an incorrect or incomplete translation is the functional equivalent of no translation.

That court identified three kinds of evidence of a bad interpretation:

  1. Words translated incorrectly.
  2. Answers that do not respond to the question.
  3. The witness saying they have trouble understanding what is said to them.

Winning such a claim is not automatic. In that circuit, besides showing the translation was incompetent, a person must show that a better translation would have made a difference in the outcome of the hearing. Other circuits apply their own precedents. The BIA has also said that not all of a hearing must be translated for it to be fair, but the person must be able to participate meaningfully in certain phases of their own hearing.

That is one reason not to rely on a relative to interpret in court. In Matter of Tomas, the Board said the task given to the family's daughter would have taxed the skill of a professional interpreter.

USCIS interviews: a different rule

USCIS (U.S. Citizenship and Immigration Services) is a separate agency from the immigration courts, and at many of its interviews it is the applicant who must bring the interpreter. The rule depends on the type of interview:

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ProceedingWho provides the interpreter?Source
Hearings before an immigration judgeThe court, at government expense, when the person needs oneEOIR Policy Manual, 3.10
Immigration judge review of a credible fear decisionThe court, if necessary8 CFR 1003.42(c)
Credible fear interview with an asylum officerThe officer arranges an interpreter if the person cannot proceed in English and the officer cannot proceed in a language the person understands8 CFR 208.30(d)(5)
Affirmative asylum interview at USCISThe applicant must bring their own interpreter, at no expense to USCIS8 CFR 208.9(g)(1)
USCIS asylum interview for a person found to have a credible fear, if USCIS keeps the case (or an immigration judge sends it to USCIS after vacating a negative credible fear decision)The asylum officer arranges the interpreter8 CFR 208.9(g)(2) and 8 CFR 208.2(a)(1)(ii)
USCIS field office interviews where the agency does not provide interpretationThe applicant brings the interpreter and both sign Form G-1256 before the officerPolicy Memorandum PM-602-0125.1 and Form G-1256 instructions
Naturalization history and government testUsually oral and in English; in certain cases, such as when the applicant is exempt from the English requirement, it may be given in the applicant's language with an interpreter chosen by the applicant or USCIS8 CFR 312.2(c) and 8 CFR 312.4

Affirmative asylum interview

Under 8 CFR 208.9(g)(1), if you cannot proceed with the interview in English, you must bring a competent interpreter fluent in English and your language. The interpreter must be at least 18 years old and cannot be:

  • Your attorney or representative of record.
  • A witness testifying on your behalf.
  • A representative or employee of your country's government (or, if you are stateless, of your country of last habitual residence).

Failing to bring an interpreter without good cause may be treated as a failure to appear for the interview. In its September 11, 2023 alert, USCIS explained that in that situation it may dismiss the asylum application or refer it to an immigration judge. The current regulation, 8 CFR 208.10, says failing to appear for a scheduled interview without prior authorization may result in dismissal of the application or waiver of the interview.

Since July 28, 2026, an interim final rule (91 FR 47101) lets an asylum officer refer an affirmative asylum application to an immigration judge without conducting an interview, based on a review of the record, when the person is barred from applying for or receiving asylum, does not merit asylum as a matter of discretion, or is not eligible on the merits of the claim. The rule requiring you to bring an interpreter to the interview, 8 CFR 208.9(g)(1), remains in effect.

Field office interviews and Form G-1256

In a January 2017 policy memorandum, USCIS set rules for interviews at its domestic field offices when the agency does not provide interpretation. Those rules do not apply to asylum, credible fear, reasonable fear, NACARA, or refugee interviews, or to interviews where USCIS provides the interpreter.

If you bring an interpreter to one of those interviews, bring Form G-1256, Declaration for Interpreted USCIS Interview. According to its instructions:

  • The interpreter must be fluent in English and a language you understand, and be competent, impartial and unbiased. The officer decides whether the interpreter qualifies and may decline to use them.
  • The interpreter must be at least 18 and not a witness in your case. For good cause, USCIS may, in its discretion, allow someone aged 14 to 17 or a witness.
  • Your attorney or accredited representative cannot also serve as your interpreter.
  • The interpreter must interpret accurately, literally and fully, and may learn your confidential information.
  • Do not sign the form before the interview: you and the interpreter sign it in front of the officer.

If USCIS does not accept your interpreter, it will offer you the choice to continue with another acceptable interpreter, reschedule to find one, or voluntarily continue without an interpreter.

The naturalization test works differently: if USCIS disqualifies the interpreter you brought for a test given in your language, USCIS must provide another interpreter in a timely manner (8 CFR 312.4). The 2017 memo says that obligation applies only to those naturalization interviews.

An interpreter is not a lawyer: no free lawyer in immigration court

The law gives you the right to have a lawyer in immigration court, but not to have the government pay for one. 8 U.S.C. § 1362 says the person has the privilege of being represented "at no expense to the Government" by authorized counsel of their choosing. 8 U.S.C. § 1229a(b)(4) repeats that rule and adds the right to examine the evidence against you, present evidence, and cross-examine the government's witnesses.

EOIR's Spanish-language self-help guide, ¿Necesita usted un abogado o representante legal? ("Do you need a lawyer or legal representative?"), says it plainly: the government will not provide you with a lawyer or accredited representative.

The judge still has duties to you. Under 8 CFR 1240.10(a), in a removal proceeding the judge must:

  • Tell you of your right to representation at no expense to the government.
  • Tell you about the free legal services available for that court and make sure you received the list of providers.
  • Read you the factual allegations and charges in the Notice to Appear and explain them in non-technical language.

The Policy Manual adds that if you are unrepresented at the master calendar hearing, you may ask the judge to continue the case to another master calendar hearing so you have time to find a representative. If you come to the next hearing still without one, you will be expected to explain what you did to find one.

Be careful with anyone who offers to "fix" your case. Under 8 CFR 1292.1, you may be represented in immigration court by attorneys, EOIR-accredited representatives who work for a recognized organization (before the court, only fully accredited and registered ones), and a few very limited categories; a "notario público" is not on that list. Our guide to notario fraud explains how to check whether your representative is legitimate and how to report fraud.

What happened to Executive Order 13166?

Executive Order 13166, from 2000, directed federal agencies to improve access to their services for people with limited English proficiency. Executive Order 14224, signed March 1, 2025, designated English as the official language of the United States and revoked Order 13166.

Order 14224 itself says it does not require or direct any change in the services agencies provide, that agency heads should make the decisions they deem necessary to fulfill their agencies' mission and efficiently provide government services, and that agencies are not required to stop offering documents or services in other languages. It also directed the Attorney General to rescind guidance issued under Order 13166 and provide updated guidance.

In a July 14, 2025 memorandum to all federal agencies, the Attorney General said the Department of Justice will lead a coordinated effort to minimize non-essential multilingual services and to meet legal obligations through targeted measures where necessary. The memo announced that prior language-access guidance issued under Order 13166 would be rescinded and that the LEP.gov website would be temporarily suspended pending an internal review, and it encouraged agencies, while complying with applicable law, to consider which programs might be better operated in English only.

The interpreter rules on this page come from federal regulations and the EOIR Policy Manual, not from Order 13166. As of September 2026, the Manual still says interpreters are provided at government expense.

Before your hearing: a practical checklist

  1. Check your case information. EOIR's Automated Case Information System (ACIS) shows basic information using your alien registration number (A-number) and nationality. The system itself warns that it does not show every case or all information, and that the official documents are the ones the court sends you.
  2. Request the interpreter early, at the master calendar hearing or in writing, no later than 30 days before. Give the language, dialect and region.
  3. Request an interpreter for your witnesses too, if they do not speak English.
  4. Do not miss any hearing. Under 8 U.S.C. § 1229a(b)(5)(A), if a person received the required written notice and does not attend, the judge must order removal in absentia when the government proves the notice was provided and the person is removable.
  5. Look for legitimate legal help as early as possible, using the EOIR lists above.
  6. If ICE comes to your door, read our guide on what to do if ICE comes to your door.

Find more guides in the Immigrant Rights section.

Disclaimer: This article provides general legal information about interpreters in U.S. immigration courts and USCIS interviews, based on federal regulations and EOIR and USCIS guidance in effect in September 2026. It is not legal advice. For your situation, consult an immigration attorney or an EOIR-accredited representative.

Frequently Asked Questions

Does immigration court give me a free interpreter?

Yes, if your English does not let you fully understand and participate. The EOIR Policy Manual says interpreters are provided at government expense in removal proceedings, for the individual calendar hearing and, if necessary, the master calendar hearing. An interpreter can be waived, particularly at a master calendar hearing; do not agree to go ahead without one unless you fully understand English.

How do I request an interpreter in immigration court?

Orally at the master calendar hearing, or in writing with a motion titled MOTION TO REQUEST AN INTERPRETER, no later than 30 days before the hearing where you need one. Give the language, the dialect, the region where it is spoken, and any other language you speak fluently.

Can I ask for an interpreter in an Indigenous language?

Yes, the request should name the language and dialect you need. In Matter of Tomas (1987), the Board of Immigration Appeals ordered a new hearing with a Kanjobal interpreter because the family could not present their case through a Spanish interpreter.

What do I do if I cannot understand the interpreter during the hearing?

Say so right away, in front of the judge, and explain the problem: speaking too fast, a different variety of the language, or words you do not recognize. The hearing is recorded except for off-the-record discussions, and what you say goes on the record.

Can a family member interpret for me in court?

The court arranges its own interpreters. In Matter of Tomas, the Board of Immigration Appeals found it inadequate for the family's 15-year-old daughter to interpret, and said understanding a language is not the same as being able to fully translate thoughts from one language to another.

Do I have to bring my own interpreter to a USCIS interview?

It depends on the interview. At an affirmative asylum interview, if you are not fluent in English, you must bring your own interpreter (8 CFR 208.9(g)(1)). At field office interviews where USCIS does not provide interpretation, you bring the interpreter and both of you sign Form G-1256 before the officer. At a credible fear interview, the asylum officer arranges an interpreter when needed.

Who cannot be my interpreter at an asylum interview?

Under 8 CFR 208.9(g)(1), the interpreter must be at least 18 and cannot be your attorney or representative of record, a witness testifying on your behalf, or a representative or employee of your country's government.

Does the government give me a free lawyer in immigration court?

No. The law (8 U.S.C. § 1362) lets you have a lawyer, but at no expense to the government. The judge must tell you about free legal services and make sure you received EOIR's list of providers, which is also at justice.gov/eoir/list-pro-bono-legal-service-providers.

Did the executive order making English the official language end the right to an interpreter?

Executive Order 14224, from March 2025, revoked Order 13166 on language access, but it says it does not require any change in agency services and leaves decisions to each agency head. In July 2025, an Attorney General memo announced an effort to minimize non-essential multilingual services. The interpreter rules in immigration court come from regulations and the EOIR Policy Manual, which as of September 2026 still says interpreters are provided at government expense.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. EOIR Policy Manual, Part II, 3.10: Interpreters(justice.gov).gov
  2. EOIR Policy Manual, Part II, 3.14: Master Calendar Hearing(justice.gov).gov
  3. 8 CFR 1003.22 (Interpreters)(ecfr.gov).gov
  4. 8 CFR 1240.5 (Interpreter in removal proceedings)(ecfr.gov).gov
  5. 8 CFR 1003.42 (Review of credible fear determinations)(ecfr.gov).gov
  6. 8 CFR 1240.10 (Removal hearing)(ecfr.gov).gov
  7. 8 CFR 208.9 (USCIS asylum interview; interpreters)(ecfr.gov).gov
  8. 8 CFR 208.2 (Jurisdiction over asylum applications)(ecfr.gov).gov
  9. 8 CFR 208.30 (Credible fear interviews)(ecfr.gov).gov
  10. 8 CFR 312.2 (Naturalization history and government examination)(ecfr.gov).gov
  11. 8 CFR 312.4 (Selection of interpreter in naturalization)(ecfr.gov).gov
  12. 8 CFR 1292.1 (Representation of others)(ecfr.gov).gov
  13. 8 U.S.C. § 1362 (Right to counsel at no expense to the Government)(govinfo.gov).gov
  14. 8 U.S.C. § 1229a (Removal proceedings)(govinfo.gov).gov
  15. Matter of Tomas, 19 I&N Dec. 464 (BIA 1987)(justice.gov).gov
  16. Perez-Lastor v. INS, 208 F.3d 773 (9th Cir. 2000)(courtlistener.com)
  17. USCIS Form G-1256, Declaration for Interpreted USCIS Interview(uscis.gov).gov
  18. USCIS, Instructions for Form G-1256(uscis.gov).gov
  19. USCIS Policy Memorandum PM-602-0125.1, The Role and Use of Interpreters in Domestic Field Office Interviews (January 17, 2017)(uscis.gov).gov
  20. USCIS alert (September 11, 2023): Affirmative Asylum Applicants Must Provide Interpreters(uscis.gov).gov
  21. Executive Order 14224, Designating English as the Official Language of the United States (90 FR 11363)(federalregister.gov).gov
  22. EOIR self-help guide (Spanish): ¿Necesita usted un abogado o representante legal? (January 2022)(justice.gov).gov
  23. EOIR, List of Pro Bono Legal Service Providers(justice.gov).gov
  24. EOIR, Recognition and Accreditation Roster Reports(justice.gov).gov
  25. EOIR, Self-Help Materials(justice.gov).gov
  26. EOIR, Immigration Court Online Resource (ICOR)(icor.eoir.justice.gov).gov
  27. EOIR, Automated Case Information System (ACIS)(acis.eoir.justice.gov).gov
  28. EOIR Policy Memorandum PM 25-20, Cancellation of Director's Memorandum 23-02 (February 6, 2025)(justice.gov).gov
  29. Attorney General memorandum, Implementation of Executive Order No. 14,224 (July 14, 2025)(justice.gov).gov
  30. Affirmative Asylum Referrals Without Interview, interim final rule, 91 FR 47101 (July 28, 2026)(federalregister.gov).gov
  31. 8 CFR 208.10 (Failure to appear at an asylum interview)(ecfr.gov).gov
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