While the text states that this Executive Order does not create new legal rights or benefits, and that it should be implemented subject to existing laws, the Trump administration has instructed the Attorney General to update policy guidance in line with the new official language designation.
A Shift in Language Access Policy?
Revoked order 13166 required federal agencies to examine their services and identify language assistance needs for LEP populations, mandating the development and implementation of systems to meet those needs.
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Language access guidelines under 13166 aligned with Title VI of the Civil Rights Act of 1964, a federal law that prohibits discrimination on the basis of multiple criteria, including national origin (and by association, language). It expressly mandated recipients of federal financial assistance, such as healthcare providers and educational institutions, to offer language assistance to LEP applicants and beneficiaries.
In 2003, during George W. Bush’s administration, the LEP.gov website was launched to help federal agencies, advocates, and individuals access related information and services. And for a couple of decades, including during the previous Trump term (2017-2021), the US Department of Justice (DOJ) provided policy guidance to assist federal agencies for compliance.
Still standing, and not mentioned in the latest Executive Order, is the one formulated during the Biden administration: Executive Order 14091 (2023), “Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.”
Executive Order 14091 instructs agencies to consider opportunities to “improve accessibility for people with disabilities and improve language access services to ensure that all communities can engage with agencies’ respective civil rights offices.”
At the time of writing, both the LEP.gov site and the US Commission on Civil Rights’ Limited English Proficiency Plan remain online.