At Justice in Aging, we believe that all older adults deserve to age with dignity, and that includes older adults with Limited English Proficiency (LEP) having access to programs and services in a language they understand.
Last Saturday, President Trump signed an executive order designating English as the official language of the United States. This move, grounded in xenophobia, is more than just symbolic—it erases decades of critical policy guidance and potentially jeopardizes important protections for older adults with LEP.
President Clinton signed Executive Order 13166 nearly twenty-five years ago to ensure that federal agencies provided meaningful access to programs and services for individuals with LEP.
It required each agency to examine its services and develop a plan for providing access to individuals with LEP. It also identified the Department of Justice as the lead in coordinating and implementing EO 13166, and DOJ issued its own LEP guidance that served as a framework for other agencies.
Saturday’s Executive Order rescinds Executive Order 13166 and related guidance and directs the Attorney General to provide updated guidance.
Older Adults and LEP
More than 17.5 million older adults age 65 and older speak a language other than English at home, and almost 10 million of them speak English less than very well.
They regularly rely on language access protections, including interpreter services and translated materials, to navigate complicated programs and services that allow them to age with dignity.
Older adults with LEP already experience challenges accessing these important protections, and Saturday’s Executive Order will likely exacerbate them.
Existing LEP Protections
Importantly, a number of laws and authorities still protect the rights of older adults and other individuals with LEP.
Title VI of the Civil Rights Act of 1964, as interpreted by Lau v. Nichols, requires that recipients of federal financial assistance must ensure meaningful access for individuals with LEP. The Fair Housing Act prohibits housing providers from discriminating against individuals with LEP as it constitutes national origin discrimination.
For federally funded health programs and activities, Section 1557 of the Affordable Care Act and its implementing regulations mandate language access for older adults with LEP.
States and localities may also have additional requirements, while American Sign Language is protected under the Rehabilitation Act of 1973 and the Americans with Disabilities Act.
We are working with partners to actively monitor the implementation of this Executive Order and to protect the rights of older adults with LEP to access programs and services in their own language.
