Preparing Asylum Claims for Young People

Transcription

1 Preparing Asylum Claims for Young People Interviewing a Young Person Supporting Documentation for the Asylum Claim Preparing for the Asylum Interview Arriving at the Asylum Office

2 Building Your Case from a Young Person s Perspective Step 1: Develop the facts (on-going) Step 2: Discuss the claim with your young client Step 3: Prepare documentary evidence Step 4: Prepare your young client for interview Step 5: Attend the interview

3 To Qualify for Asylum, One Must Meet the Definition of a Refugee : any person who is outside any country of such person's nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution OR a wellfounded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. 8 U.S.C. 1101(a)(42)(A); INA 101(a)(42)(A)

4 FEAR The Asylum Office Guidelines recognize that children may be unable to express subjective fear and allow that objective evidence alone can establish the fear Has the child expressed fear? What has he expressed? Evidence child s affidavit and testimony family affidavits or testimony country conditions information; experts Mental Health Evaluation

5 Must rise to the level of persecution Should be considered from a child s point of view Harm of a child's caretaker or family member on account of a protected ground can be persecution of the child, if the child is dependent on that person. Age can be a critical factor in the adjudication of asylum claims. Jorge-Tzoc v. Gonzales, 435 F.3d 146, 150 (2d Cir. 2006) [t]he harm a child fears or has suffered...may be relatively less than that of an adult and still qualify Immigration and Naturalization Service, Guidelines for Children's Asylum Claims (December 10, 1998) at 19 What has the child suffered? What might the child suffer? HARM

6 Interviewing a Young Person to Prepare an Asylum Case

7 Talking to Young People Introduce yourself, clarify whether you are an attorney or not, and explain purpose of your meeting. Emphasize in particular: Confidentiality (we are not la migra ); The importance of telling the truth. Put the child at ease: smile, comment on something not lawrelated. Use direct questions and first person, even if communicating through an Interpreter.

8 Talking to Young People (continued) Encourage questions from the young person. Formulate questions and explanations with basic terms: No legal jargon! Explain possible relief using simple phrases. Be aware of your personal presentation: Eye contact; Posture; Avoid excessive note-taking if possible. Don t be afraid of silence.

9 Working with Young Survivors of Trauma How do you have a survivor tell you her story without re-traumatizing her?

10 Before Your Meeting Consider your cultural competency Meet with new interpreters Discuss if the interpreter is a good match for your client Instruct interpreter to translate everything the client says Ask your client with whom she would be comfortable sharing her story Room Set-Up Prepare Questions Ahead of Time

11 During Your Meeting Maintain eye contact and be a good listener Remain calm, even if client shares gruesome details of her past. Your extreme reactions can make her feel worse Accept that your client may be uncomfortable answering a particular question at a particular moment. Apologize and/or offer to reschedule Don t make comments that show pity or judgment. Instead, be empathetic and respectful

12 Most Importantly Believe her!

13 WHAT ABOUT YOU? WHAT ABOUT YOU LATER? Your emotional response during the meeting- Make sure young person does not feel responsible for your feelings Vicarious Trauma Vivid recollections of client s story Trauma symptoms Alteration in your worldview Self-Care Healthy coping mechanisms

14 Supporting & Documenting the Asylum Claim Evidence child s affidavit and testimony family affidavits or testimony country conditions information; experts Mental Health Evaluation

15 Supporting Evidence Letters / Affidavits from community members Explain membership in the group is determinable and how About the perception of the group About how the group is treated differently in society About known views of the applicant Popular literature discussing the group Words or phrases used to describe the group Immigration Judge or BIA decisions and unpublished decisions that support your arguments

16 Supporting Evidence (con.) Sociological evidence and scholarly research showing how the society views the group Any evidence showing the government recognizes the group as an entity Laws or policies regarding the group Country reports showing systematic persecution of the specific protected ground and government impunity Do not submit articles about general gang violence Statistics on rate of persecution of group members, rate of police response

17 Preparing for the Interview THIS IS INCREDIBLY IMPORTANT! Spend time here to make sure your client (and you) are comfortable Have another attorney/colleague play the Asylum Officer Make sure is comfortable with interpreter Address client fears Address problem issues ** DECIDE IF REQUESTING FEMALE OFFICER**

18 Asylum Offices are Difficult to Get To by Public Transportation Newark Asylum Office (Lyndhurst, N.J.)- bus from Port Authority New York Asylum Office (Rosedale, N.Y.)- LIRR from Penn Station, then walk minutes through suburbia ** Moving to Bethpage, N.Y.** Make a plan well ahead of time on how you and client are going to get there!

19 Asylum Office Interviews are Typically Scheduled Early in the Morning 7:45 or 8 AM are normal times; this means you and clients need to arrive before. EAT BREAKFAST BEFORE!!! Encourage client to eat, too! Bring magazine/book (nonelectronic) something to read/do. (N.B. No technology may be allowed)

20 Arriving at the Asylum Office Meet in lobby and check in as a team Attorney, Interpreter, Young client, Trusted adult Bring identification Give any documents to check-in clerk Interpreter goes over interpretation form with client Wait, wait, wait for A number (last 3 digits) or ticket number to be called

21 Thank you! Visit: more materials and supporting Training at Safe Passage Project, New York Law School documents