The Oklahoma Bar Journal October 2025

working with interpreters and translators

the categories prioritized for removal under current DHS guidelines

Use of Qualified Interpreters Only engage interpreters or

translators who:

Document Translation and Storage When translating documents ( e.g. , affidavits, country-conditions reports, etc.), translators must include a certificate of trans lation. Keep all translated and original documents in secure, access-restricted folders (paper or electronic). Client Reassurance Explain confidentiality protec tions in plain language, ensuring the client understands that what they tell you remains private unless they authorize disclo sure and that even when using an interpreter, the interpreter is ethically bound to maintain confi dentiality. This reassurance helps build trust and encourages clients to share complete, candid informa tion necessary for strong advocacy. PRACTICAL TIPS FOR PRACTITIONERS REPRESENTING OKLAHOMA RESIDENTS Stay Informed Keep up to date with EOIR announcements and changes in immigration law that may affect your client’s case.

Are impartial (no conflicts of interest) Are proficient in both English and the client’s language, including any specific dialect or indige nous language Understand legal terminol ogy sufficiently to avoid inadvertent disclosure or distortion of privileged information Are not family members Supervision of Nonlawyers (ORPC Rule 5.3) Attorneys must supervise non lawyer translators and interpreters to ensure they understand and commit to preserving client confi dentiality. This may include: Having the interpreter sign a confidentiality acknowledgment Briefing the interpreter on privilege obligations before any substantive discussion Considering asking your client to sign a release when or friends, as this may lead to bias or breaches of confidentiality

Considerations for Oklahoma Practitioners Timeliness. Requests for prose cutorial discretion should be made as early as possible in the pro ceedings. However, in the Dallas Immigration Court, it is common not to receive a response until a court date is near. Documentation. Provide thor ough documentation to support the request, evidence of relief filed with USCIS, affidavits, letters of support, medical records and any other relevant evidence. Coordination with DHS counsel. Engage in professional dialogue with the DHS attorney assigned to the case to discuss the possibility of exercising discretion. Effective representation depends not only on legal knowledge but also on ensuring that clients trust you with sensitive information. When working with non-English- speaking clients, particularly those with limited familiarity with the U.S. legal system, maintaining con fidentiality requires extra care. Attorney-Client Privilege Under ORPC Rule 1.6 All communications between attorney and client are privileged. Under the Oklahoma Rules of Professional Conduct (ORPC) Rule 1.6, attorneys must safeguard any information relating to the repre sentation of a client and may not reveal such information without informed consent. CONFIDENTIALITY AND ATTORNEY-CLIENT PRIVILEGE

2025 UPDATE: DHS ENFORCEMENT PRIORITIES – PROSECUTORIAL DISCRETION UNAVAILABLE Following 2025 changes rescinding prior DHS/EOIR prosecutorial discretion guidance and tightening enforcement, OPLA is no longer entertaining requests for prosecutorial discretion ( e.g. , dismissals, administrative closures or continuances). Practitioners should proceed on the assumption that prosecutorial discretion will not be granted.

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

12 | OCTOBER 2025

THE OKLAHOMA BAR JOURNAL