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Last week, Proskauer — along with co-counsel Democracy Forward, and the Catholic Legal Immigration Network, Inc. — filed a complaint on behalf of seven asylum seekers, their minor children and the legal services organization RAICES in the U.S. District Court for the District of Columbia, claiming that several current immigration directives impede access to counsel for asylum seekers fleeing persecution.

A credible fear interview is the first critical step for immigrants claiming asylum who have been placed in expedited removal proceedings.  Accordingly, an asylum seeker’s case for refuge in the United States turns on the effective presentation of their asylum claim at this important interview.

The asylum directives challenged in this lawsuit impact procedures designed to ensure that asylum seekers understand their rights and have the opportunity to adequately consult with counsel prior to their credible fear interview.  Specifically, the directives:

The families and children migrating from Central America have suffered terrible traumatic experiences, and a recent report by Physicians for Human Rights (PHR), a non-profit advocacy group, addresses the serious, long-term medical consequences of this trauma. These important findings provide compelling support for more humane immigration policies, and inform best practices for lawyers working with immigration clients.

Trauma Suffered by Young Migrants

Multiple studies link trauma to long-term negative health outcomes, including chronic disease, impaired cognitive development, and mental health conditions. With analysis by medical school faculty and students from Weill Cornell Center for Human Rights, the report is significant for its sole focus on child asylum seekers. Out of the 183 children in the study, nearly 80% experienced direct physical violence, 71% experienced threats of violence or death, 59% witnessed acts of violence, and almost 20% experienced repeated sexual violence or exploitation. Sixty percent of the children experienced some form of gang violence, and 47% experienced violence perpetrated by family members. A constant theme among the children was the lack of protection from law enforcement in their home countries. (Eighty-nine percent were from El Salvador, Guatemala, and Honduras.)  Many also reported traumatic experiences during transit to the U.S. through dangerous terrain, with inadequate food or water, where they remained vulnerable to continued acts of violence.

Off a side street in a small town in central Mexico, the shelter entrance was hard to find until we noticed a young family sitting under a tree near a gate with a worn sign welcoming “migrant brothers and sisters.”  We walked through the gate into a dusty courtyard surrounded by makeshift structures in the shadow of a church, where we were greeted warmly by the shelter’s director.  He explained they were currently accommodating approximately 30 migrants from Central America, and that we had just missed 120 others who left to catch the train going north.  The shelter, with a staff of five and several volunteers in and out during the day, has served over 3,000 people so far this year.  This is a substantial increase over last year, and most notably, they are serving an increasing number of families.

We spent last week in Mexico providing asylum presentations and individual consultations in partnership with the Institute for Women in Migration, IMUMI.  The biggest takeaway from our experience was the prevalence of violence.  Everyone described stories of domestic violence or gang violence (or both) in their home countries of Honduras, El Salvador, and Guatemala, and the lack of any protection from government authorities.  Everyone also described the great danger they faced along their journey through Mexico, detailing robberies, assaults and even an attempted kidnapping. 

The South Texas Family Residential Center here in Dilley, Texas is surrounded by metal fencing, video cameras, and tall light poles that you can see from miles away at night. The country’s largest immigration detention facility, it sprawls 50 acres and is comprised of 2,400 beds in a series of large barracks-style trailers which look eerily similar to pictures of the Japanese-American “relocation centers” during World War II.

I met more than 25 detained women and their children here. All are from El Salvador, Honduras or Guatemala, and all but two suffered from some form of gang violence, severe domestic violence or in many cases, a combination of both. I heard stories from people who witnessed the murder of family members, and who themselves were subjected to unspeakable violent crime without protection from law enforcement.