Trauma-Informed Lawyering in The Asylum Process: Engagement and Practice in Immigration Law

Abstract

Objectives: Individuals who have experienced trauma engage more effectively when approached by professionals using a trauma-informed perspective. While trauma-informed (TI) practice has been recognized in legal settings, including immigration law, the nascent concepts are not applied widely or uniformly, and information and training about TI best practices remains minimal. The objectives of this review include the 1) identification of core TI concepts described in the existing legal literature; (2) identification of core TI concepts noted in the literature that are being practiced in legal systems; and 3) presentation of implications and recommendations. Method: A systematic review was conducted across electronic law databases for TI legal practices in immigration and asylum-seeking settings, 389 articles were identified and screened for eligibility resulting in 21 articles being included. Abstracting data from each article, a coding framework was developed that formed into the following five domains: presence of trauma in legal systems; TI lawyering defined; benefits of TI lawyering; TI lawyering skills and techniques, and TI lawyering pedagogy. Results: Despite limited literature, research findings provide 1) justification for the importance and benefits of TI lawyering, and 2) recommendations for the implementation of TI lawyering through all stages of an immigration/asylum lawyer's training and practice. Conclusions: Drawing from the literature, this study highlights the importance of TI legal practice to support increased trust and safety, better attorney-client relationships, client empowerment, and improved representation in proceedings. A definition of TI lawyering emerged, and a series of specific pedagogical and practice recommendations are posited.

Trauma-Informed Legal Advocacy: Medicolegal Approaches & Best Practices for Immigration Attorneys

“…Such events may be seen as trauma to the immigrants, asylum seekers, or refugees within their country of origin or the country they fled from. Many immigrants and asylum seekers experience varying degrees of trauma, supplemented by detention or imprisonment in the host country [8]. The engagement of such individuals in courts regarding their trauma experiences often results in re-traumatization.…”

“…Reducing re-traumatization throughout the entire justice system, not just immigration courts, should be the focus. Exposure to particular triggers during legal proceedings may cause the immigrants to experience the symptoms of post-traumatic stress disorder, depression, and anxiety [8].…”

“…Secondary trauma management techniques largely focus on the management of attorneys' specific well-being and health. The key principles of trauma-informed legal practice include gender, cultural, and historical issues; safety; peer support; voice, choice, and empowerment; trustworthiness and transparency; and mutuality and collaboration [8]. Minimization of secondary trauma experienced by immigration attorneys is imperative and helps to adjust the attorney-client relationship.…”

“…Notably, trauma can impact an individual's memory, and a lapse in memory to chronically recall details of traumatic events may incorrectly persuade an immigration official, in particular, an asylum adjudicator to deny an asylum claim. The partnership or collaboration minimizes the requirement for asylum seekers to narrate their traumatic experiences multiple times and to multiple professionals [4][5][6][7][8]. Therefore, being culturally sensitive to provide trauma-informed legal advocacy while balancing self-care is imperative for immigration attorneys.…”