Law Enforcement

LEP plans are required to ensure the safety of police officers, victims, bystanders and other civilians. To support these efforts, the Department of Justice (DOJ) has provided law enforcement agencies with several tools and models to assist development of their LEP policies.

Federal Protections                                                                   

Section 601 of Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, provides that no person shall ``on the ground of race, color, or  national origin, be excluded from participation in, be denied the  benefits of, or be subjected to discrimination under any program or  activity receiving Federal financial assistance.''

Department of Justice regulations promulgated pursuant to section 602 forbid recipients from ``utiliz[ing] criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program as respects individuals of a particular race, color, or national origin.'' 28 CFR 42.104(b)(2).

The work of law enforcement depends on fast, accurate communication of information, directives and instructions. With the U.S. population expanding in diversity, law enforcement officers may need language assistance in their interactions with victims, witnesses or suspects who do not speak English or are limited English proficient (LEP). The manner in which these interactions are handled has an impact on safety, investigations, and the effective administration of justice.

On December 18, 2002, the Assistant Attorney General for Civil Rights sent a letter to Department of Justice (DOJ) recipients of federal financial assistance and representative organizations, providing them with a copy of the most recent DOJ LEP Guidance and asking them to spread the word about the need to provide meaningful access to LEP individuals. Copies of these documents are available in the resources below.

The benefits of language-assistance services for particular LEP individuals, while not readily quantifiable in dollar units, can be significant. Improved access to law enforcement can substantially improve the health and quality of life of many LEP individuals and their families. In addition to the obligations of law enforcement agencies detailed in the updated DOJ Guidance Policy, the Department of Justice and other organizations have created several resources to assist law enforcement in their development of LEP Plans.

Federal Resources                                                                            

Department of Justice

• DOJ Letter to Federal Agencies 
• DOJ LEP Guidance
• DOJ COPS LEP Site
• Executive Order 13166 Limited English Proficiency Resource Document: Tips and Tools from the Field
• The Executive Office of the President Office of Management and Budget (OMB) 2002 LEP Report
• DOJ LEP Law Enforcement Planning Tool
• DOJ Sample LEP Policy for Law Enforcement
• DOJ LEP Resource Document: Tips and Tools from the Field, DOJ LEP Resource Document Tips and Tools in PDF
• DOJ brochure describing LEP access on the LEP on the requirements of agencies.
• DOJ "Know Your Rights" Brochure for :for LEP individuals
• Supporting Limited English Communities, 2005 US Department of Justice Office of Justice Programs

Police LEP Policies and Agreements

• Lake Worth Police Department, Memorandum of Agreement with DOJ and LEP Policy , 2007 (PDF)
• San Francisco Police Department LEP Policy, 2007 (PDF)
• Philadelphia Police Department LEP Policy, 2005 (PDF)
• Sample LEP Policy (PDF)
• Model LEP Policy: City of Lorain Police Department (OHIO)  (Large PDF)

National Studies and Reports on LEP and Law Enforcement

• Bridging the Language Divide: Promising Practices for Law Enforcement, Susan Shah, Rodolfo Estrada, Vera Institute of Justice, February 2009, (PDF), February 2009 Webinar Video
• Overcoming Language Barriers: Solutions for Law Enforcement, Susan Shah, Insha Rahman, Anita Khashu, Vera Institute of Justice, March 2007 (PDF)
• Translating Justice: New York City Law Enforcement and LEP, 2006 Vera Institute Study
• Language Access in the Philadelphia Police Department, Presentation, 2006 (PDF)
• Ohio Office of Criminal Justice Services,  LEP Services
• Vera Institute Translating Justice Initiative for LEP
• Lost in Translation LEP Populations and the Police, Police Chief Magazine, written by By Bharathi A. Venkatraman, Attorney, Civil Rights Division Coordination and Review Section, U.S. Department of Justice
• Accommodating LEP in Law Enforcement, Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA), Update Magazine 2006
• Community Orientated Policing for Hispanic Communities

Last Updated: July 22, 2009 ● Empire Justice Center © 2009