English in the Crossfire of US Immigration

Editor’s note: The Trump administration has recently declared English the official language of the USA while simultaneously cutting the provision of English language education services. This politicization of language and migration in the USA is being felt around the world.

To help our readers make sense of it all, we bring you a new occasional series devoted to the politics of language and migration.

We start with an essay by Professor Rosemary Salomone, the Kenneth Wang Professor of Law at St. John’s University in New York City. Professor Salomone, an expert in Constitutional and Administrative Law, shows that longstanding efforts to make English the official language of the USA have always been “a solution in search of a problem.”

***

English in the Crossfire of US Immigration: A Solution in Search of a Problem

Rosemary Salomone

Making English the official language of the US has once again reared its head, as it does periodically. This time it has gained legal footing in a novel and troubling way. It also bears more serious implications for American identity, democracy and justice than the unaware eye might see and that the country should not ignore.

Trump Executive Order

Amid a barrage of mandates, the Trump Administration has issued an executive order that unilaterally declares English the “official language” of the United States. It does not stop there. It also revokes a Clinton Administration executive order, operating for the past 25 years, that required language services for individuals who were not proficient in English.

The order briefly caught the attention of the media in a fast-paced news cycle. Yet its potentially wide-sweeping scope demands more thorough scrutiny and reflection for what it says and what it suggests about national identity, shared values, the democratic process and the role of language in a country with long immigrant roots. It also calls for vigilance that this is not a harbinger of more direct assaults to come on language rights. Subsequent reports of closing Department of Education offices in charge of bilingual education programs and foreign language studies clearly signal a move in that direction.

English and National Identity

English has been the de facto official language of the United States for the past 250 years despite successive waves of immigration. Though the nation’s Founders were familiar with the worldview taking hold in Europe equating language and national identity, they also understood that they were embarking on a unique nation-building project grounded in a set of democratic ideals. As a “settler country” those shared ideals and not the English language have defined the US as a nation unlike France, for example, where the French language became intertwined with being a “citoyen” of the Republic.

In the early days of the American republic, the national government issued many official texts in French and German to accommodate new immigrants. Languages were also woven less officially into political life. Within days of the adoption of the Declaration of Independence on July 4, 1776, a newspaper in Pennsylvania published a German translation to engage the large German speaking population in support of the independence movement. As John Marshall, the fourth chief justice of the U.S. Supreme Court, noted in a letter to Noah Webster in 1831, geographic and social mobility, rather than public laws, would create “an identity of language through[out] the United States.” And so it has been.

The executive order distinguishes between a “national” and an “official” language. English has functioned well as the national language in government, the courts, schooling, the media and business. It has evolved that way through a maze of customs, institutions and policies that legitimize English throughout public life. It is the language spoken by most Americans. Over three-quarters (78.6 percent) of the population age five and older speaks English at home while only 8.3 percent speaks English “less than very well.” And so, by reasonable accounts, formally declaring it the official language after 250 years seems to be a solution without a problem unless the problem is immigration itself and unwarranted fears over national identity.

While benign on its face, at best the Trump order veers toward nationalism cloaked in the language of unity and efficiency. At worst it’s a thinly veiled expression of racism and xenophobia, narrowly shaping the collective sense of what it means to be American. Though less extreme in scope, its spirit conjures up uniform language laws in past autocratic regimes where language was weaponized against minority language speakers. Think of Spain under Franco and Italy under Mussolini where regional languages were outlawed.

Context and Timing

Context and timing matter. The order comes on the heels of the Trump Administration’s shutting down, within an eye-blink of the inauguration, the Spanish-language version of the White House website along with presidential accounts on social media. Reinstated throughout the Biden years, the website had first been removed in 2017 during the first Trump Administration.

During the 2016 presidential campaign, Trump blasted former Florida governor Jeb Bush, who is married to a Mexican-American, for speaking Spanish on the campaign trail. “He should really set the example by speaking English while in the United States,” Trump remarked, projecting what became an administration openly hostile to “foreigners” and the languages they speak. Against that history, the official English order now signals rejection of the nation’s large Spanish-speaking population and the anti-immigrant feelings their growing numbers have engendered.

The irony is that Trump, not unlike other politicians, has courted that population with Spanish language ads. With 58 million people in the United States speaking Spanish, political operatives understand that Spanish is the “language of politics.” But the “politics of language” is far more complicated. The 2024 Trump campaign ad repeating the words, “Que mala Kamala eres” (“How bad Kamala you are’) to the tune of a famous salsa song with the image of Trump dancing on the screen is hard to reconcile with his prior and subsequent actions as president.

The current shutdown of the Spanish-language website did not go unnoticed among public dignitaries in Spain. King Felipe VI described it as “striking.” The president of  the Instituto Cervantes, poet Luis Garcia Montero, called it a “humiliating” decision and took exception to Trump’s “arrogance” towards the Hispanic community. On the domestic front, the executive order raised even more pointed concerns among immigrant and Hispanic groups in the United States.

Issued at a time of mass deportations, hyperbolic charges of immigrant criminality, attacks on “sanctuary” cities and states, and rising opposition to immigration in general, the new executive order will further divide rather than unite an already fractured nation. Fanning the flames of hostility toward anyone with a hint of foreignness, it can incite lasting feelings of inclusion and exclusion that cannot easily be undone.

Official Language Movement

The Trump order did not come from out of the blue. It is the product of years of advocacy at the federal and state levels promoting English to the exclusion of other languages. Proposals to make English the nation’s official language have been floating through Congress since 1981 when the late Senator Samuel I. Hayakawa (R. CA), a Canadian-born semanticist and former college president, introduced the English Language Amendment. Though the joint resolution died, it set a pattern for congressional proposals, some less draconian, all of which have stalled. The most recent attempt was in 2023 when then Senator J.D. Vance (R. Ohio) introduced the English Language Unity Act.

Hayakawa went on to form “U.S. English” in 1983. It calls itself the “largest non-partisan action group dedicated to preserving the unifying role of the English language in the United States.” It currently counts two million members nationwide. In 1986, its then executive director Gerda Bikales tellingly warned, “If anyone has to feel strange, it’s got to be the immigrant, until he learns English.”

The group’s website now celebrates the Trump order as “a tremendous step in the right direction,” a supposed antidote to the 350 languages spoken in the United States. Obviously that level of diversity can also be viewed as a positive unless “diversity” is totally ruled out of even the lexicon. Two other advocacy groups with similar missions subsequently joined the movement: English First and Pro English.

Defying Democratic Norms

The fruits of those efforts can be found in official English measures in 32 states. The earliest, from Nebraska, dates from 1920 in the wake of World War I when suspicion of foreigners and their languages reached unprecedented heights. By 1923, 23 states had passed laws mandating English as the sole language of instruction in public schools, some in private schools as well. With immigration quotas of the 1920s (lifted in the mid-1960s) diluting the “immigrant threat,” the official English movement didn’t seriously pick up again until the 1980s as the Spanish-speaking population grew more visible. The remaining Official English laws were largely adopted through the 2000s, the last in 2016 in West Virginia. Some of them, as in California and Arizona, were tied to popular backlash against public school bilingual programs serving Spanish-speaking children.

Some of these state laws were passed by a voter approved ballot measure, others by the state legislature. Some reside in the state constitution, others in state statutory law. Unlike the Trump order mandated by executive fiat, they all underwent wide discussion by the people or their elected representatives, which a measure of such high importance, especially with national reach, demands. And they can only be removed using a similar process, unlike an executive order subject to change by the mere stroke of a future presidential pen. This is not like naming the official state flower or bird, a mere gesture. The consequences are far more serious.

As official English supporters are quick to point out, upwards of 180 countries also have official languages, some more than one. Standing alone, that argument sounds convincing. In well-functioning democracies, however, those pronouncements are carved into the nation’s constitution from the beginning or by subsequent amendment, or they’ve been adopted by the national legislature, again through democratic deliberation. At times they’ve been triggered by a particular event. France added the French language to its constitution in 1992 for fear that English would threaten French national identity with the signing of the Maastricht Treaty creating the European Union. Exactly what is triggering the current move in the United States? The answer is quite transparent. It’s immigration.

Some countries, like Brazil and the Philippines, allow for regional languages. Other approaches are less formalized. In the Netherlands and Germany, the official language operates through the country’s administrative law. In Italy, though the Italian language is not officially recognized in the constitution, the courts have inferred constitutional status from protections expressly afforded linguistic minorities. Other countries, including the United Kingdom, Mexico, Australia and Argentina, the latter two also “settler countries,” recognize a de facto official language as the United States has done since its beginning.

Clinton Order Protections

While the official English declaration might mistakenly pass for mere symbolism, the revocation of the Clinton order quickly turns that notion on its head. Rather than “reinforce shared national values,” as the Trump order claims, revoking the Clinton order protections undermines a fundamental commitment to equal opportunity and dignity grounded in the Constitution and in Title VI of the Civil Rights Act of 1964. From that Act and its regulations prohibiting  discrimination on the basis of national origin, the Clinton Administration drew its authority, including using national origin as a proxy for language, to protect language rights. In an insidious twist, the Trump executive order uses language as a proxy for national origin, i.e. immigrant status, to pull back on those same protections.

The Clinton order, together with guidance documents issued by the Department of Justice, required federal agencies and other programs that receive federal funds to take “reasonable steps” to provide “meaningful access” to “information and services” for individuals who are not proficient in English. As advocates argue, removing those requirements opens the door for federal agencies and recipients of federal funds, including state and local governments, to deny critical language supports that assure access to medical treatment, social welfare services, education, voting rights, disaster relief, legal representation and even citizenship. In a virtual world of rampant disinformation, it is all the more essential that governments provide non-English speakers with information in emergencies, whether it’s the availability of vaccines during a flu pandemic or the need to evacuate during a flood or wildfire, as well as the facts they ordinarily need to participate in civil life.

With current cutbacks in federal agency funding and staff, rising hostility toward immigrants, and the erosion of civil rights enforcement, one can reasonably foresee backsliding on any of those counts. One need only look at the current state of voting and reproductive rights to figure out where language supports may be heading when left to state discretion with no federal ropes to rein it in.

Multilingualism for All

The Trump order overlooks mounting evidence on the value of multilingualism for individuals and for the national economy. Language skills enhance employment opportunities and mobility for workers. Multilingual workers permit businesses to compete both locally and internationally for goods and services in an expanding global market

It takes us back to a time not so long ago when speaking a language other than English, except for the elite, was considered a deficit and not a personal asset and national resource. It belies both the multilingual richness of the United States and the fact that today’s immigrants are eager to learn English but with sufficient time, opportunity and support. They well understand its importance for upward mobility for themselves and for their children. That fact is self-evident. With English fast becoming the dominant lingua franca globally, parents worldwide are clamoring for schools to add  English to their children’s language repertoire and even paying out-of-pocket for private lessons.

Rather than issuing a flawed pronouncement on “official English,” the federal government would better spend its resources on adopting a comprehensive language policy that includes funding English language programs for all newcomers, along with trained translators and interpreters for critical services and civic participation, while supporting schools in developing bilingual literacy in their children. Today’s “American dream” should not preclude dreaming in more than one language. In fact, it should affirmatively encourage it for all.

In the meantime, the Trump order promises to provoke yet more litigation challenging denials in services under Title VI and the Constitution, burdening the overtaxed resources of immigrant advocacy groups and of the courts. Worst of all, it threatens to inflict irreparable harm on thousands of individuals and families struggling to build a new life while maintaining an important piece of the old.

It’s not the English language or national identity that need to be saved. It’s the democratic process, sense of justice and clear-eyed understanding of public policy now threatened by government acts like the official English executive order.

Related content

In this episode of the Language on the Move Podcast, Rosemary Salomone chats with Ingrid Piller about her book The Rise of English.