Holistic Lawyering #ImmigrationLaw #FBA Moderator: Gail Pendleton, Executive Director, ASISTA Speakers: Catherine Seitz, Legal Director, Legal Services for Children Nickole Miller, Managing Attorney, Immigrant Defenders Law Center Rita Cotter, Sup. of Legal Advocacy, Family Tree Domestic Violence Services #ImmigrationLaw #FBA

Agenda Identifying Trauma Trauma Informed Lawyering Working with Vulnerable Populations Partnering with therapists, social workers, and advocates Questions? #Immigration #FBA

What is trauma? The word “trauma” is used to describe experiences or situations that are emotionally painful and distressing, and that overwhelm people’s ability to cope, leaving them powerless. In psychological terms, “traumatic events” have traditionally been considered those that harm the psychological integrity of an individual. A given stressful event is not traumatic in itself, but may be so in its effect on a particular individual. #Immigration #FBA

What is trauma? Trauma and traumatic events include personal and private experiences and public experiences. Examples of personal and private events: Sexual assault Sexual abuse Domestic violence / witnessing domestic violence Child abuse Examples of public trauma/traumatic events: War Natural Disasters Community Violence Dislocation #Immigration #FBA

Manifestations of trauma Perception of trauma varies vastly among individuals. Trauma is something that overwhelms our coping capacity. Impacts of trauma: Activation of survival responses (fight, flight, freeze or submit) Hyperarousal Rational thought less possible at this time Result in emotional numbing and psychological avoidance/withdrawal Irritability, anxiety, depression or other disorders Diminish an individual’s capacity to trust others or to feel safe Flashbacks / Re-experiencing #Immigration #FBA

How might trauma complicate the client interviewing experience? Clients at risk of shutting down because of trauma Unresponsive to questioning Inability to talk about past events Client re-lives trauma while discussing it Client may have “inappropriate” reactions when discussing trauma (i.e., laugh while talking about rape, complete lack of affect, which negatively effects credibility) Clients may suffer from panic attacks during interview Clients may hallucinate during interview Clients may be angry or defiant towards attorneys or be incapable of recognizing the consequences of their alleged conduct. #Immigration #FBA

Trauma & Our Clients Can you give examples of types of cases where your clients likely experienced some sort of trauma? #Immigration #FBA

Trauma & Our Clients Types of cases where your clients likely experienced some sort of trauma: U Visa – victim of a crime VAWA – victim of domestic violence Special Immigrant Juvenile Status – victim of abuse, abandonment, and/or neglect T Visa – victim of human trafficking Asylum/CAT/Withholding – suffered or will suffer persecution in home country Removal defense generally? Raids Prolonged detention Separation from family/community #Immigration #FBA

Trauma Informed Lawyering What is it? Why is it important? Practical Tips #Immigration #FBA

Trauma Informed Lawyering The hallmarks of trauma-informed practice are when the practitioner, puts the realities of the clients’ trauma experiences at the forefront in engaging with clients, and adjusts the practice approach informed by the individual client’s trauma experience. Trauma-informed practice also encompasses the practitioner employing modes of self-care to counterbalance the effect the client’s trauma experience may have on the practitioner. Source: Sarah Katz, Deeya Haldar, The Pedagogy of Trauma-Informed Lawyering, 22 Clinical L. Rev. 359 (Spring 2016). #Immigration #FBA

Why is it Important? Why focus on the attorney-client relationship? Client trust and engagement.  Attorney-client interactions.  Modeling positive relationships. Source: ABA, Establishing a Trauma-Informed Lawyer-Client Relationship Client trust and engagement. A client’s trauma history can make it difficult to build trust and actively involve the client with her legal case. By learning to build relationships that better respond to the needs of clients who have experienced trauma, you can improve client engagement and fulfill your mandate as the client’s legal representative. Attorney-client interactions. Trauma can affect a person’s cognitive and psychosocial development, including how one thinks, processes information, and communicates with others. Trauma thus impacts basic attorney-client interactions, such as interviewing, explaining case developments, and counseling and advising clients on case-related decisions.  Modeling positive relationships. Clients who have experienced trauma, particularly in the context of interpersonal relationships, often expect new relationships to reinforce negative beliefs they have developed about themselves and others. Many experts agree that one of the best paths to healing for traumatized individuals can be to develop positive, safe relationships. Lawyers can either aid in the client’s healing or magnify a client’s vulnerabilities. #Immigration #FBA

Hallmarks of Trauma Informed Lawyering Compassion and authenticity Predictability Client Control Reliability Proactive Support Patience Role Definition and Boundaries Preparing for and Responding to triggers Conducts a “power assessment” right away and finds ways to balance the imbalance Honesty & Transparency Be holistic! That does NOT mean being your client’s lawyer and drug counselor, but it DOES mean giving your client good referrals to let other qualified professionals do their jobs. #Immigration #FBA

Practical Tips Offer water Permission to close the door Tissues readily available Seating arrangements Remind clients they can ask for breaks or stop when needed Coloring books Stress balls Sound therapy #Immigration #FBA

Practical Tips Breathing exercises Dragon Fire Breaths - Interlace the fingers underneath the chin. Inhale and lift the elbows up to frame the face. Exhale, lifting the head up making a whispered ‘hah’ sound towards the sky, like a dragon breathing fire. At the same time, lower the elbows back down to meet at the bottom again by the end of the ‘hah’ exhale. This breath technique builds strength and heat within so is a good energizer. It helps us feel brave when we might be nervous or pepped up when we’re a bit tired. With one hand on the chest and the other on the belly, take a deep breath in through the nose, ensuring the diaphragm (not the chest) inflates with enough air to create a stretch in the lungs. The goal: Six to 10 deep, slow breaths per minute. Physical Activities: Tense and Relax – Have your child form their hands into fists and bring their shoulders to their ears. Count to five with them and then relax. Repeat five times. Try using props such as “squeeze balls” to help exaggerate the motion. #Immigration #FBA

Small Group Brainstorming (5 minutes) What are some common obstacles confronting individuals applying for humanitarian immigration relief? How do these obstacles related to attorneys and advocates? Isolation and Vulnerability Language Barrier Separation from Family Cultural Differences Fear of Deportation Fear of Authority Figures Feelings of Shame Economic Insecurity Unsure of Self or Families Future Financial Insecurity Lack of Formal education Unfamiliarity with Law and or Legal System Possibly Confronting Multiple Legal Issues Experiencing Psychological Trauma Clients may be discouraged to or uninformed of where to address basic needs issues Separation From Family Being cut off from support systems add unique stresses to an individual’s life When interacting with the attorney a client may speak very little, omit details perceived to be shameful, they may say what they think the attorney wants to hear, or may remain silent even though they have questions Fear of Deportation and Fear of Authority Figures Shame Due to Uncertain Legal Status or Experienced Trauma Feeling shame may mean clients will not be forthcoming about certain details related to their life experience Economic, Housing, and Financial Insecurities Lack of Formal Education Clients may have difficulty reading and/or writing Clients may be illiterate Unfamiliar with Law and or Legal System Do not assume clients know their rights #Immigration #FBA

Working with Vulnerable Populations Issues to keep in mind when working with domestic violence victims: Client may still be in danger Create safety plans with your clients Client may still be with their abuser Make sure your office has procedures in place if an abuser contacts the office Client may have seriously restricted ability to travel and or communicate. It will be important to establish a safe method of communication These clients are physiologically traumatized even after physical damages have healed It is helpful to familiarize yourself with the Power & Control Wheel #Immigration #FBA

Interviewing Tips Attorney should acknowledge the interview will be hard Explain that breaks can be taken as needed Reassure the client that all information will be kept confidential Use open-ended questions to facilitate information sharing Listen carefully and emphatically and demonstrate you have both interest and desire to help the client When discussing traumatic events, acknowledge client’s feelings and be empathetic (“I know this is really hard to talk about and I wouldn’t ask you to talk about it if I didn’t think it could help your case,” “I’m so sorry that happened to you. You are so strong to have made it through that.”) #Immigration #FBA

Case Example - Catherine #Immigration #FBA

Tips for Working with Human Trafficking Victims Credit: Stephanie Olson #Immigration #FBA

#Immigration #FBA

Tips for Working with Children Source: Boston Globe #Immigration #FBA

Initial Considerations Keep in mind that many of these children and youth have experienced trauma! Assess: language, educational level, chronological age versus developmental age, mental health issues Define role & explain reason for meeting Confidentiality Maintain Realistic Expectations! #Immigration #FBA

Interviewing Guidelines Know as much as possible about your client before the interview (age, special needs/disability, history of abuse, neglect & trauma, family & placement history, linguistic preference, nicknames, etc.) Reasonable Expectations: Go into the interview with a plan for areas to cover during the interview but be prepared to be flexible. Be mindful of the attention span of your client. When interviewing a child remember to: Slow down your rate of speech and shorten your sentences Allow the child time to process questions and allow them time to respond, avoid interrupting them Ask questions that are simple, open-ended, concrete, free of abstract ideas, and free of suggestions or double negatives Ask the client to repeat back what you have stated if you need to ensure clarity. #Immigration #FBA

Directive and Non-Directive Interviewing  Open Questions Cannot be answered in a few words. Encourages clients to talk and yields richer information. Children’s responses tend to be most accurate when asked open ended questions (Nathanson & Crank, 2004).  Example: “Tell me about your journey to the USA?”  Closed Questions Can be answered in a few words (Yes or No) Allows the interviewer to focus the interview but places the responsibility for conversation on the interviewer. Example: “Was your journey to the USA difficult?” Sometimes there is a necessity for closed-ended questioning: “How old are you?” Should the attorney be using directive or non-directive questioning or both? Once the interview is flowing the distinction between open and closed questions is less important. If a topic is of deep interest to the client the client will likely elaborate whether the questions are open or closed.   #Immigration #FBA

Interviewing Continued… Leading Questions (Suggestive Questioning) “Were you afraid of being killed by the MS gang members?” “Did you flee El Salvador because of the MS?” Alternatives: “What caused you to be afraid of the MS gang members?” “Tell me why you left El Salvador” Collateral Interviewing Some information will not be available from our clients and will need to be gleaned from other sources such as family members, caregivers, teachers, child welfare workers, etc. Such information can include: past residences, dates of critical events, etc. #Immigration #FBA

Linguistic and Cultural Considerations Language The client’s dominant language base will have a limit. The larger the client’s language base increases the likelihood that interviewer and interviewee will understand one another. The client’s language base should increase as they age chronologically and mature developmentally. Spanish as a second language - Mam, Quiche, Quechua, and other indigenous languages “Lost in Translation” Many terms not easily explained: Court, hearing, judge, NTA, the specifics of any form of relief, etc. How do we communicate effectively though a translator? Who is the translator? Qualifications? Accounting for regional differences in language What about the client’s culture? #Immigration #FBA

Additional communication considerations Source Monitoring Distinguishing between the child’s concept of fantasy & reality. Is the child presenting information they have received through their own experience or form other sources (e.g. parents or family members)? Memory Related to time – use markers relevant to the child’s life (holidays, summer vacation, birthday, grade in school, etc.) Conclusion It can take multiple meetings to accomplish one “productive” interview – maintain reasonable expectations #Immigration #FBA

Wrap-Up Does the Child Understand? Ask the client to repeat back what you have stated to ensure clarity. Monitor child’s emotional state – the screening process, court appearance, etc. may trigger past trauma experiences, general anxiety, etc. Ask permission to check-in with accompanying adult/sponsor/parent/etc. Provide accessible written materials for legal referrals, relief options and community resources, court procedures and consequences #Immigration #FBA

Case Example #Immigration #FBA Supplied: Australian Human Rights Commission #Immigration #FBA

Partnering with Non-Lawyers DV agencies/shelters Rape Crisis Centers Social Workers #Immigration #FBA

Connecting with law enforcement Referrals Connecting with law enforcement (Marin example - Catherine) Support with declarations/letters of support Support for client’s other needs safety planning, accessing public benefits, housing, Education Therapy/support groups #Immigration #FBA

Safety Planning Safety planning is a vital part of working with survivors of domestic violence Strategic planning on how to help survivors keep themselves safe Important to partner with advocates who are experts on safety planning #Immigration #FBA

QUESTIONS? #Immigration #FBA