trauma

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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.

In recent years, increased transparency into the nutritional value of our food has enabled consumers to make more informed decisions on their own eating habits, knowing that their choices directly correlate with their overall health. Leaders behind this movement are hopeful that initiatives such as the new laws on food labeling that require calorie counts, fats, and sodium levels to be included on menus will encourage healthier selections. However, the effectiveness of these or other health education initiatives has often been criticized as unsustainable or ineffective, especially within high poverty communities and among youth.

In 2005, frustrated by the lack of health information in these high-need areas, Dr. Olajide Williams, then a doctor at Harlem Hospital Center, proposed an innovative technique to promote health education in these at-risk communities. His big idea – to communicate important health information through a catchy rap song. Three years later in 2008 he founded Hip Hop Public Health, a non-profit organization dedicated to fostering positive health behavior change through the power of hip-hop music. Their methods are unique, and the premise is simple – by providing youth with information on health and nutrition through a catchy medium, they empower them to make healthier choices, and help reduce preventable poor health conditions and childhood obesity. The organization has recruited the talents of many artists including Doug E. Fresh, Chuck D and DMC. A full library of health-related hip-hop tracks now lives on the organization’s website for easy access by students all across the globe.

Last month, Proskauer filed an amicus brief on behalf of Sanctuary for Families — a leading non-profit organization advocating for victims of domestic violence and sex trafficking —specifically to advocate for allowing criminal prosecutions based on lawfully recorded telephone calls that abusers in pretrial detention use to coerce victims not to testify.

According to some reports, up to 80% of victims of domestic abuse and sex trafficking recant their testimony of the abuse and refuse to cooperate with police.  Decades of social-science research, along with recent academic studies and reputable reporting, show that many domestic violence and sex trafficking victims recant because they are suffering from acute psychological trauma akin to Stockholm Syndrome: by combining psychological manipulation with incidents of physical violence, abusers achieve “coercive control” of their victims and successfully instruct them not to testify.  Abusers in pretrial detention are particularly incentivized to coerce their victims not to testify because, often, the victim is the only available witness to the crime.