Supporting Asylum Seekers: Clinician Experiences of Documenting Human Rights Violations Through Forensic Psychological Evaluation

Abstract

The United States permits foreign nationals to apply for asylum if they have experienced persecution or have a fear of future persecution. In order to meet the criteria for persecution, the harm inflicted upon the asylum seeker does not need to be or have been physical and can include psychological sequelae. In an effort to document persecution, lawyers seek the assistance of health professionals when preparing their clients' asylum applications. Mental health professionals work to corroborate psychological evidence of the asylum seeker's report of ill treatment through evaluation and presentation of their findings in the form of legal affidavits. This study gathered the experiences of 15 mental health clinicians who conduct forensic psychological evaluations and document the impact of torture and other human rights violations on asylum seekers. We analyzed the resulting interview transcripts using a consensual qualitative research (CQR) approach. The results of the study highlight challenges associated with this work, suggest recommendations for training, and encourage advocacy endeavors by mental health professionals who provide these services.

A Systematic Review of Medical-Legal Partnerships Serving Immigrant Communities in the United States

“…This systematic review describes the complexity and variation in medical-legal partnerships for im/migrant populations in the United States. The overwhelming observation of the review is the significance of these partnerships to improve legal outcomes; ten out of ten articles that discussed the delivery of medical knowledge to legal cases described how people were more likely to receive positive legal outcomes when medical professionals contribute to legal proceedings [13][14][15][16][17][18][19][20][21][22]. The legitimatization of trauma and persecution through medical professionals in legal spaces may also be crucial for protecting the lives of migrants who have suffered greatly in both sending and receiving communities alike [13].…”

Recognizing and Breaking the Cycle of Trauma and Violence Among Resettled Refugees

“…A growing amount of literature has been focusing on forms of violence and distress that continue and arise after migration and during resettlement. In the U.S., many refugee groups continue to face barriers due to racial and ethnic discrimination, restrictive immigration policies, limited English proficiency, limited social support, and economic insecurity, leaving many with limited options for employment, education, affordable housing, health care insurance, and other opportunities [ 9 , 47 – 50 ]. Accessing health care services can be particularly challenging due to barriers in transportation, translation, and cost, exacerbating the existing effects of trauma on increased risk of PTSD and increased risk of chronic diseases such as diabetes and hypertension [ 49 , 51 ].…”

Perspectives on Working with Immigrants Held in Detention Using Photovoice

“…While engaging in this work, however, there is an increased risk of secondary trauma: among clinicians who provide evaluations for immigrants seeking asylum in the U.S., 26.2% report experiencing vicarious trauma from their work [16]. Clinicians report feelings of isolation associated with their work with immigrants, as they may feel as if others are unable or unwilling to learn about the impact this work may have on the clinician [17]. There has been less research, however, on lawyers and legal volunteers working with asylum seekers.…”