The 2025 executive order states that it does not require ‘any change in the services provided by any agency.’ Image: grandbrothers/Shutterstock.com
By: FEDweek StaffA Trump administration executive order “casts doubt” on obligations of federal agencies to provide certain services in languages other than English but “does not require agencies to stop their language-access activities,” says a report for Congress.
The Congressional Research Service report noted that the order, titled Designation English as the Official Language of the United States, rescinded a 2000 executive order requiring agencies to assure that there is no “disparate impact” in their services on those not proficient in English, even if there is no intent to discriminate.
Justice Department guidance to agencies has been in effect since then, and in addition, “many agencies have promulgated specific language-access requirements in their Title VI regulations or their regulatory guidance,” it said.
Following the latest order, “it seems unlikely that agencies must continue to follow the factors in DOJ’s 2000 guidance, as the new order has directed DOJ to issue new guidance. The 2025 executive order, however, states that it does not require ‘any change in the services provided by any agency.’ It thus appears to allow agencies to continue to provide documents or services in non-English languages,” it said.
The report noted that another Trump administration order telling agencies “to eliminate the use of disparate-impact liability in all contexts to the maximum degree possible,” could prompt agencies to change their own policies, as well.
However, in addition to the prior executive order, various laws—which cannot be overturned by only another order—include language-access obligations on agencies for certain programs, it said. Those include laws on disaster relief, voting access, court proceedings and more.
With new Justice Department still pending, “it remains to be seen how agencies’ language-access activities are changed, if at all.” One possible result, it said will be “less coordinated and consistent efforts” by federal agencies.
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