[Federal Register Volume 91, Number 133 (Tuesday, July 14, 2026)]
[Notices]
[Page 43108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-14128]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
[Docket No. DHS-2026-0364]
Notice of Rescission of Guidance to Federal Financial Assistance
Recipients Regarding Title VI Prohibition Against National Origin
Discrimination Affecting Limited English Proficient Persons
AGENCY: Office for Civil Rights and Civil Liberties, Department of
Homeland Security.
SUMMARY: This notice announces the Department of Homeland Security's
(``DHS'') rescission of its guidance to Federal financial assistance
recipients regarding the Title VI prohibition against national origin
discrimination affecting limited English proficient persons, consistent
with Executive Order 14224, Designating English as the Official
Language of the United States.
DATES: Applicable July 14, 2026.
FOR FURTHER INFORMATION CONTACT: Ronald J. Sartini, Acting Officer,
Office for Civil Rights and Civil Liberties, U.S. Department of
Homeland Security, [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On March 1, 2025, the President signed Executive Order (``E.O.'')
14224, Designating English as the Official Language of the United
States. See 90 FR 11363 (Mar. 1, 2025). Among other things, E.O. 14224
revoked E.O. 13166, Improving Access to Services for Persons with
Limited English Proficiency. See 65 FR 50121 (Aug. 16, 2000); E.O.
14224 (Sec. 3(b)). E.O. 14224 also directed the Attorney General to
``rescind any policy guidance documents issued pursuant to Executive
Order 13166 and provide updated guidance, consistent with applicable
law.'' E.O. 14224, Sec. 3(c).
On July 14, 2025, the Attorney General issued a memorandum
providing guidance to federal agencies on appropriate actions to
implement E.O. 14224 (``Attorney General Memo'').\1\ The Attorney
General Memo encouraged all federal agencies to review prior guidance
based on E.O. 13166 and rescind such guidance if it conflicts with E.O.
14224 and is not mandated by law or the Constitution.
---------------------------------------------------------------------------
\1\ Memorandum for All Federal Agencies from the Attorney
General, Implementation of Executive Order No. 14,224: Designating
English as the Official Language of the United States of America
(July 14, 2025), https://www.justice.gov/opa/pr/justice-department-releases-guidance-implementing-president-trumps-executive-order
(last visited May 8, 2026).
---------------------------------------------------------------------------
E.O. 13166 directed ``[e]ach agency providing Federal financial
assistance shall draft title VI guidance specifically tailored to its
recipients that is consistent with the LEP Guidance issued by the
Department of Justice,'' which were then to be published in the Federal
Register for public comment. E.O. 13166 (Sec. 3). Title VI of the
Civil Rights Act of 1964, 42 U.S.C. 2000d (Title VI), prohibits
discrimination against or otherwise excluding individuals from programs
or activities on the basis of race, color, or national origin, if those
programs or activities receive federal financial assistance. The
Department issued its own agency-specific Title VI language access
guidance in 2011. Guidance to Federal Financial Assistance Recipients
Regarding Title VI Prohibition Against National Origin Discrimination
Affecting Limited English Proficient Persons, 76 FR 21755 (Apr. 18,
2011).
B. Rescission of DHS 2011 Guidance
Consistent with E.O. 14224, and the July 14, 2025 Attorney General
Memo, the Department is rescinding its 2011 Guidance.
C. Continuing Obligation
All recipients of DHS financial assistance have a continuing
obligation to comply with Title VI, all applicable Title VI
regulations, all applicable federal civil rights laws and
nondiscrimination provisions. Recipients of federal financial
assistance also have a continuing obligation under the Rehabilitation
Act of 1973 to ensure that their communications with individuals with
disabilities are as effective as communications with others and may
need to provide qualified sign language interpreters for individuals
who are deaf. Recipients of federal financial assistance, including
subrecipients, are reminded that language assistance services may be
required under certain circumstances.
DHS anticipates issuing updated language access guidance,
consistent with law, as required by E.O. 14224, the July 14, 2025
Attorney General Memo, and future Department of Justice guidance.
Ronald J. Sartini,
Acting Officer, Office for Civil Rights and Civil Liberties.
[FR Doc. 2026-14128 Filed 7-13-26; 8:45 am]
BILLING CODE 9112-FH-P