Page 17 - Delaware Lawyer - Winter 2021

Unique Struggles of the Immigrant Community
Yet, immigrants in Delaware are susceptible to many challenges. While Delaware’s immigrants work hard for their families, the COVID-19 pan- demic has been highly problematic for this very vulnerable population. Immigrants are finding it increas- ingly difficult to thrive, which is why I consider them a “forgotten people.” Immigrants in Delaware are at an in- creased risk of contracting the corona- virus and dying from the disease. One immigrant from Delaware said, “Due to COVID-19, there were a lot of jobs that shut down. I couldn’t take care of my bills or take care of my family, here and in Haiti. I felt like I was useless.”
There are many factors that exac- erbate the challenges experienced by immigrants during this pandemic, namely issues with discrimination and
implicit bias, access to health care and court proceedings, income disparities, housing and education.
The truth is that discrimination and implicit bias exist in the very fab- ric of a community meant to protect the wellbeing of its residents. Implicit bias is a preference (positive or nega- tive) for a group, based on a stereotype or attitude a person holds, which op- erates outside of human awareness. It can be understood as a lens through which a person views the world. That lens automatically filters how a person perceives and reacts to information. Implicit bias is also described as “unin- tentional bias.” Whether intentional or unintentional, discrimination and bias play a role in the struggles experienced by Delaware’s immigrant community during this pandemic.
The immigrant community may not have the same access to resources as other communities, a lack that leads to increased COVID-19 positive results and deaths. Discrimination, which in- cludes racism, can lead to chronic and toxic stress, and shapes social and eco- nomic factors that put some people in the immigrant community at increased risk for COVID-19.3
Fear of discrimination causes some in the immigrant population to not seek medical attention when needed. The immigrant community faces ad- ditional challenges, such as a lack of access to health care due to transpor- tation issues, inability to take time off of work to attend health care ap- pointments, childcare responsibilities, lack of communication with medical providers due to language barriers, cultural differences between patients and their medical providers, and more. This pandemic has only made things worse for this forgotten population.
For example, due to the severe re- strictions in place, many medical pro- viders will only allow the patient into the examination room. However, it
is typical for non-English-speaking individuals to bring a friend, neighbor, sibling or child to translate for them during their doctor’s appointments. Thus, if the medical facility does not provide its own interpreters to facili- tate communication with their non- English-speaking patient, the patient cannot receive adequate care.
One of my clients, who was Haitian- Creole-speaking, drove two hours to attend a medical appointment in Dela- ware and came close to being refused medical services as a result of her neph- ew, whom she normally utilizes as an interpreter, not being permitted to ac- company her into the medical facility, due to the pandemic restrictions. We requested to have my client’s nephew translate for her over the telephone, but that was not allowed. As an alter- native, we offered to conduct a Zoom conference with my client, her nephew and the doctor, but that idea was re- jected as well. Ultimately, the doctor and I requested telehealth provide an interpretation company to serve my client, which was time-consuming. Consequently, my client did not re- ceive the appropriate medical attention she needed until the issue was resolved.
Unequal Access to Justice
Another challenge facing the immi- grant non-English-speaking community is the lack of adequate accessibility to certified interpreters for legal proceed- ings. Previously, when the court was open to the public, a party would have the ability to request an interpreter at the commencement of their legal ac- tion. Since the majority of hearings are currently being conducted virtually, if the court is unable to locate an inter- preter when the hearing begins, this could lead to an unnecessary delay in a party’s case.
In one instance, I had a Petition on Protection from Abuse (PFA) hearing scheduled the week before
WINTER 2021 DELAWARE LAWYER 15
SAQUAN STIMPSON