1. 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

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

3. 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

4. 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

5. 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

6. 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

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

8. 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

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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. Case Example - Catherine
#Immigration #FBA

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

20. #Immigration #FBA

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

22. 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

23. 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

24. 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

25. 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

26. 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

27. 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

28. 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

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

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

31. 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

32. 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

33. QUESTIONS?
#Immigration #FBA