😰TRAUMATIZED BY DEALING WITH GARLAND’S DYSFUNCTIONAL EOIR? — Thankfully, There’s Help For That! — Professor Steve Yale-Loehr & A Panel Of Mental Health Experts Will Discuss Methods For Dealing With Traumatic Situations Created By An Out-Of-Control, Leaderless, Values-Free System Designed & Staffed To Dehumanize & Deny!*

 

Navigating Trauma: Tips for Attorneys and Their Clients: Free webinar Mar. 30 1 pm ET

Interested in learning how to deal with trauma in your clients and vicarious trauma you might suffer in sensitive cases like asylum, domestic violence, and violent crimes? Sign up for a free webinar entitled “Navigating Trauma: Tips for Attorneys and Their Clients” this Wednesday March 30, from 1-2 pm Eastern time.

Dr. JoAnn Difede, Director of the Program for Anxiety and Traumatic Stress Studies and a Professor of Psychology in Psychiatry at Weill Cornell Medicine, and Dr. Michelle Pelcovitz, Assistant Professor of Psychology in Psychiatry at Weill Cornell Medicine, will teach you how to recognize and deal with trauma. They will also provide self-care tips. Stephen Yale-Loehr, Professor of Immigration Law Practice at Cornell Law School and co-chair of the New York State Bar Association (NYSBA) Committee on Immigration Representation, will moderate.

The webinar is sponsored by NYSBA, Cornell Law School, Proskauer, Immigrant Justice Corps, the Association of Pro Bono Counsel, and other organizations. NYSBA will provide 1.0 MCLE credit of professional practice for attendees.

Anyone can register for the free webinar; you don’t have to be a NYSBA member. NYSBA members can register at https://nysba.org/events/navigating-trauma-tips-for-attorneys-and-their-clients/. If you aren’t a NYSBA member, set up a free account at https://nysba.org. Then input your name and email address so NYSBA can send you the Zoom link. The price is set up for free, so it will automatically be $0.00 when you add the program to your cart and check out. You can also call the NYSBA membership center at 800-582-2452 to register via phone. The program will be recorded, and attendees will receive handouts.

Stephen Yale-Loehr

Professor of Immigration Law Practice, Cornell Law School

Faculty Director, Immigration Law and Policy Program

Faculty Fellow, Migrations Initiative

Co-director, Asylum Appeals Clinic

Co-Author, Immigration Law & Procedure Treatise

Of Counsel, Miller Mayer

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Feeling stressed? Burned out? “Aimless Docket Reshuffling,” poor quality IJ decisions, and a “Trump holdover BIA” stacked with “appellate judges” who almost never see an asylum case they aren’t eager to deny got you down? Tired of having the exact same facts and arguments win in one case and lose in the next! Angry about Garland’s latest due process killing gimmick — more “expedited asylum procedures?”

Welcome to “business as usual” in the “Not so Wonderful” World of Merrick Garland’s EOIR!☠️ 

To practice before the dysfunctional Immigration Courts and USCIS in the “Biden Era,” members of the NDPA are going to need “coping skills” in addition to legal expertise to “fight the good fight” against systemic injustice, indifference to common sense and best practices, and endemic incompetence! 

Check this out!  It’s free!

Remember: It’s only human lives and the future of humanity that are at stake here! Why should Garland and his ivory tower lieutenants take it seriously, just because YOU do? 

🇺🇸Due Process Forever!

PWS

03-25-22

*⚠️IMPORTANT DISCLAIMER: “Courtside” is solely responsible for the content of this promotion. It has not been approved for public consumption by the webinar sponsors, the FDA, or anyone else of any importance whatsoever!

🤯JUXTAPOSITION OF THE WEEK: INCOMPETENCE OF USG IMMIGRATION BUREAUCRACY HARMFUL TO PRACTITIONERS’ HEALTH!☠️🤮

Drowning Chain
“Drowning Chain”
Public Realm

These items were posted together this week on LexsNexis Immigration Community:

https://www.lexisnexis.com/legalnewsroom/immigration/b/outsidenews/posts/uscis-contact-center-is-more-a-source-of-frustration-than-assistance

USCIS Contact Center is More a Source of Frustration than Assistance

Cyrus D. Mehta, Kaitlyn Box, and Jessica Paszko, Mar. 15, 2022

“The USCIS Contact Center purports to provide tools for checking case statuses online, correcting notices that contain mistakes or were never delivered, and connecting applicants to a representative for live support. However, the Contact Center is more often a source of frustration than assistance. We outline some of our firm’s experiences with the Contact Center, and provide suggestions for improving its services.

One common set of issues occurs when an attorney attempts to place a call or e-request on behalf of a client. USCIS refuses to speak with even the managing attorney of the firm if a different attorney has submitted a Form G-28. Difficulties arise when the attorney of record has departed the firm or is otherwise unavailable, and other attorneys are then unable to utilize the Contact Center to assist a client. Even when the alternate attorney on the case submits a Form G-28, the Contact Center often is unable to track the submission of  a new Form G-28 and refuses to speak with the alternate attorney.   In some instances, USCIS will speak with an alternate attorney if the client is also on the call. This arrangement, however, defeats the purpose of a Form G-28 by forcing the client verbally give permission for representation over the phone, and is highly inconvenient when an attorney cannot be physically in the room with a client or arrange a conference call.

Additionally, USCIS only allows certain interested parties to a case to utilize the Contact Center to make queries. Only the petitioner or an attorney/accredited representative can submit e-requests in connection with a Form I-129 or I-140 petition, for example. USCIS will not respond to requests placed by the beneficiary of such petitions, although the beneficiary may be more sensitive to delayed receipt notices or misspelling on approval notices, and in a better position to raise these issues to USCIS than the employer.

Further, the USCIS Contact Center is not always responsive to requests, even when they are placed by a recognized party. Our office has observed instances of receipt notices that contain errors failing to get corrected, even after multiples calls and e-requests from the attorney of record. When USCIS does not timely rectify errors of this kind and issues an approval notice still containing a misspelling, applicants are forced to file a Form I-824 and pay the considerable $465 filing fee to seek a correction. The processing time for an I-824 ranges from a few months to upwards of 24 months.

Delays in processing applications have become endemic. Applicants do not get an employment authorization document issued in time and can lose their job. Also, obtaining advance parole to travel takes several months. One can use the USCIS Contact Center to make an expedite request under its articulated criteria. Unfortunately, most expedited requests get denied even though they fit the criteria

The problems with the USCIS Contact Center have widely been observed. On February 28, 2022, 47 members of Congress wrote a letter to DHS urging it to make improvements to the Contact Center. See AILA, Forty-Seven Members of Congress Urge DHS to Make Improvements to USCIS Contact Center, AILA Doc. No. 22030300 (Feb. 28, 2022),  https://www.aila.org/infonet/urging-dhs-to-make-improvements-to-uscis-contact. Among the improvements suggested by the members of Congress were providing accurate and accommodating callback windows for customers submitting requests through InfoMod, allowing law firm staff other than the attorney of record to make requests through the Contact Center, making the criteria used to grant appointments through InfoMod public, and offering walk-in availability for emergency requests at local USCIS offices.

Notwithstanding its shortcomings, the USCIS Contact Center has facilitated positive outcomes for some individuals. The USCIS 800 number has been helpful in getting corrected notices sent to applicants, or in this firm’s experience, ensuring that beneficiaries to an approved I-140 receive copies of Notices of Intent to Revoke under Matter of V-S-G- Inc., Adopted Decision 2017-06 (AAO Nov. 11, 2017).”

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https://www.lexisnexis.com/legalnewsroom/immigration/b/outsidenews/posts/the-lifeguard-is-drowning-identifying-and-combating-burnout-and-secondary-trauma-in-asylum-practitioners-free-aba-webinar

The Lifeguard is Drowning: Identifying and Combating Burnout and Secondary Trauma in Asylum Practitioners (Free ABA Webinar)

The Lifeguard is Drowning: Identifying and Combating Burnout and Secondary Trauma in Asylum Practitioners

Register here.

 

Asylum attorneys have been facing a longstanding mental health crisis. The pandemic, sweeping regulatory changes, and uncertainty created deeper dimensions of stress in an already chaotic immigration system. To address this crisis, in 2020, Professors Lindsay Harris and Hillary Mellinger surveyed over 700 immigration attorneys utilizing the National Asylum Attorney Burnout and Secondary Traumatic Stress Survey. Their groundbreaking study found that asylum attorneys displayed symptoms of burnout and Secondary Traumatic Stress (STS) at rates higher than immigration judges, social workers, hospital doctors, nurses, and prison wardens. Asylum attorneys reported burnout symptoms including not only depression, but boredom, cynicism, discouragement, and a loss of compassion. Notably, STS symptoms mirror Post-Traumatic Stress Disorder which include intrusive thoughts, traumatic nightmares, insomnia, chronic irritability, fatigue, trouble concentrating, and hypervigilance.

The ABA has a longstanding commitment to address and identify resources to ameliorate attorney well-being and mental health. While strides have been made, this panel seeks to build upon the study to facilitate a normative shift away from old mental health paradigms to a culture of openly discussing burnout and secondary trauma within law school settings, non-profits, government agencies, and law firms.

This webinar, moderated by Deena Sharuk, Senior Legal Advisor to the ABA Commission on Immigration (COI), along with experts Law Professor Lindsay Harris, Criminal Justice and Criminology Professor Hillary Mellinger, ABA COI Senior Staff Attorney Eloy Gardea, and Leora Hudak from Center for Victims of Torture will discuss the implications of the survey’s findings on lawyers, their clients, and the immigration system. The panelists will discuss concrete ways to shift the norms in the legal profession on an individual and institutional level for attorneys to build sustainable careers in this field.

 

Time: Apr 7, 2022 03:00 PM in Eastern Time (US and Canada)

 

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Of course, USCIS isn’t the only part of the dysfunctional immigration bureaucracy taking a toll on the heath of practitioners and their clients. 

Over at EOIR, poor leadership, overly bureaucratized management, “Aimless Docket Reshuffling,” mindless enforcement “gimmicks,” a “Miller Lite” BIA, poor judicial selections by the Trump regime unaddressed by Garland, anti-immigrant/anti-asylum seeker “culture,” disdain for due process, disregard for best practices, endless largely self-generated backlogs, and lack of transparency continue to plague the system and torment advocates.

Unlike DOJ and EOIR, the ABA Panel conducting this webinar is made up of true subject matter experts and all-star practical scholars.

Deena Sharuk
Deena Sharuk
Senior Advisor
ABA Commission on Immigration
Professor Lindsay Muir Harris
Professor Lindsay Muir Harris
UDC Law
Hillary Mellinger
Dr. Hillary Mellinger
Assistant Professor
Department of Criminal Justice and Criminology
Washington State University
PHOTO: WSU
Eloy Gardea
Eloy Gardea
Senior Staff Attorney
ABA Commission on Immigration
PHOTO: Facebook
Leora Hudak
Leora Hudak
Program Manager
Center for Victims of
Torture
PHOTO: Linkedin

🇺🇸Due Process Forever!

PWS

03-19-22

SECONDARY TRAUMA: Defenders & Advocates Also Suffer From Trump’s Constant Attacks On Migrants’ Humanity

From theAmerican Psychological Association

Compassion Fatigue: A Side Effect of the Immigration Crisis

The immigration crisis is taking a toll on professionals who are trying to help. By Rebecca Raney October 15, 2019

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APA has been closely following the recent and ongoing threats to immigrants and refugees living in the United States. These groups are “at risk of psychological harm due to factors including the stress of starting a new life away from family and culture, as well as prejudice and discrimination.”

This article series takes a look at some of the ways psychologists are working to help immigrants, the communities where they live and the resources that are available to clinicians who want to help these at risk groups.

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Several years ago, immigration attorney Nora Phillips was chatting with a friend. She told her that she was sick, exhausted and couldn’t stop thinking about work.

Her friend, Annabel Raymond, is a licensed marriage and family counselor.

“I thought, ‘This isn’t burnout,’ ” Raymond said. “ ‘This is secondary post- traumatic stress disorder.’ “

At that moment, Raymond identified a little-talked-about component of the nation’s immigration crisis: Compassion fatigue among professionals who are trying to help.

The work with the victims of terrorism, war and domestic violence among immigrants is different from the challenges of, say, working with victims of a natural disaster.

“This trauma treatment is different because there’s no end in sight,” Raymond said.

She and Phillips started a therapy group for immigration attorneys in Los Angeles. Six attorneys routinely attend.

Phillips, the legal director of Al Otro Lado, a nonprofit legal services organization, has been doing legal work at the border since 2011. The work was never easy, she said. But policies enacted since 2017 have left attorneys — and judges — with no wiggle room to help people. In the past, deportation cases could be terminated. The government could apply prosecutorial discretion as to whether to proceed. People who were brought to the United States as children could apply for citizenship. But now, those tools are gone or are under threat by

an administration that wants to curtail immigration.

Because she has lost so many legal tools to help clients, Phillips’ sense of powerlessness can be overwhelming. She said she throws up in the shower before work. She’s never free of the sense that when she loses immigration cases, her clients could face violence or death when they return to their home nations.

“I refer to myself a lot as a depository of human sadness,” said Phillips, who sobbed throughout the interview and then joked that she cries through every interview.

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It was clear to her friend Raymond that Phillips was going to need more than a few days off.

“You’re not getting the right support, because you’re treating it as a burnout issue,” she said.

Treating attorneys, Raymond said, presents its own challenges.

“You’re looking at a population that’s already vulnerable, but they don’t want to tell you they’re vulnerable.”

Raymond said that the monthly group in Los Angeles works on trauma resolution skills and mindfulness.

The goal of the therapy, she said, is “keeping you upright, because you’re on the front line of an international humanitarian crisis….The best we can do is to trust that our bodies and brains can keep going.”

“You’re not going to be able to dictate how these events land on your nervous system,” she added.

The attorneys who attend the group, she said, are doing well. They’ve gone from feeling overburdened to managing their boundaries. They decide how heavy a caseload to take, depending on the levels of other stresses in their lives.

“Some of these people were talking about getting out of the field,” Raymond said, “and now they’re staying.”

Keeping attorneys in the field is a big achievement.

A strong feeling of helplessness is common among professionals who advocate for immigrants, said Gabriela Livas Stein, a psychologist and associate professor of psychology at the University of North Carolina at Greensboro.

“Compassion fatigue is very real,” Stein said. “In talking personally with providers, it is clear that they feel helpless advocating for folks and knowing the unpredictability that they face.”

Seeing ever-more-restrictive national policies and an oppressive political climate for immigrants exacerbates the sense of helplessness, she said.

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“A lot of folks who are doing this work are also identified as immigrants or Latinx,” Stein said. “Folks that have this profile are showing heightened symptomology,” she said, particularly if they or members of their families are at risk of detention or deportation.

She recommends two types of action for frontline immigration professionals: Build social support.
Engage in social justice activities.

Stein herself has gotten involved; she stepped up to present data on the psychological effects of deportation on families to the Governor’s Council on Latino Affairs in North Carolina.

State and local officials are divided over whether local law enforcement agencies should work with U.S. Immigration and Customs Enforcement on raids and deportations.

Stein reviewed literature and reported findings to the governor’s council, including a 2017 study in the International Journal of Epidemiology that found that Latina women, one year after a massive immigration raid in Iowa, had a 24 percent greater risk of having babies with low birth weight, compared with the same date one year earlier. Stein also drew on a survey (PDF, 483KB) of research in Social Policy Report on how the “chronic uncertainty” surrounding families’ stability compromises immigrants’ physical and mental health.

Stein said that many immigration officials believe the best policy change would be to make health-care services accessible for immigrants.

“It’s hard for people to even pay for services,” she said. “As a society, we benefit a lot from the work of undocumented workers. Policies need to help people not live in the shadows.”

For Phillips, recruiting young attorneys to immigration law has lifted her spirits.

“God, we need reinforcements,” she said. “So many people have closed their practices.”

She has recently spoken to law schools at Loyola, DePaul and Northwestern Universities to encourage students to consider immigration law.

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“Through this chaos, we have gotten incredibly good at organizing people,” she said. “Once we come out of this, we’re going to have tools that would only have come out if we had been at war.”

Phillips tries to stay strong as an example to her own staff of 25 people. Also, she prepares them for the work.

She said that she tells them that “the pain is never going to stop. There will never be a shortage of clients. You need to take care of yourself.”

The attorneys who are least prepared to handle the trauma of the job, Phillips said, are solo practitioners who have no support or preparation from an organization.

Elizabeth Carll, a trauma and health psychologist and chair of the Refugee Mental Health Resource Network, said that professionals who work with immigrants and refugees need training before tackling the job.

“I see the long-term effects,” she said. “First responders, they’re under chronic stress…The worst thing you can do is have no training.”

At a minimum, she said, organizations should talk about trauma with the workers before they go to detention centers or conduct evaluations.

The Refugee Mental Health Resource Network, which is partially subsidized by APA, maintains a database of psychologists and other mental health professionals who want to volunteer to help with evaluations and support services for refugees and asylum seekers. The organization has also produced a series of webinars for volunteers.

Carll, who has trained workers who respond to disasters for many years, recommended that professionals who work with immigrants receive strong mentoring. A mentor, she said, can help them limit their vicarious trauma.

“Someone new should be mentored,” Carll said.

She gave an example of how a mentor can help. In 1996, after the crash of TWA Flight 800 off the coast of Long Island, she led a team of psychologists to help families. In mentoring the group, she recommended that the psychologists not accompany families into the room where people were identifying bodies, but to

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stay in the back of the room or outside the door to offer support, if the families requested it.

Unlike other emergency personnel, mental health counselors do not typically have the ongoing experience and training for viewing bodies, she said. Without training, that process may trigger trauma from the past.

By sparing themselves that trauma, she said, counselors would be in a better position personally to help families.

Because of the scope, the technical nature and the never-ending timeframe of the immigration crisis, Carll made a bold prediction: that immigration psychology would become a new specialty in the field.

“Immigration psychology will be another specialty,” she said, “just like trauma psychology division became after it started.”

That prediction is worth noting. Carll was a founding member of APA’s Division of Trauma Psychology.

APA Immigration Coverage (links only active on APA website) APA Policy and Advocacy Efforts

APA Calls on Government to Ensure Immigrants and Refugees Can Access Health, Mental Health Services | Official Statement (PDF, 169KB)

APA CEO: Administration Decision to Penalize Immigrants Who Rely on Public Programs Will Harm Vulnerable Populations | History of ‘Public Charge’ Determination

APA Calls for Action on Border Crisis | Letter to President Trump (PDF, 937KB) APA Letter to Congressional Leaders Supports Dreamers (PDF, 141KB)
APA’s Advocacy on Immigration
Recently Published Research

Middle-School Latino Children Report More Depressive Symptoms After Family Member Arrested, Study Finds

Psychological Research on Immigrants and Refugees Further Reading and Resources

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Oct. 9, 2019 Webinar: The Effects of Separating Families at the Border Podcast: On the Front Lines of the Immigration Crisis
Psychologists Partner to Tackle the Escalating Immigration Crisis
The Dire Consequences of Family Separation for Refugee Mental Health LGBTQ Asylum Seekers: How Clinicians Can Help (PDF, 534KB)

Div. 43 Presidential Initiative on Social Justice
Psychologists Help Youth Who Return to Mexico Because of Deportation Threats Immigration Topic Page

© 2019 American Psychological Association
750 First St. NE, Washington, DC 20002-4242 | Contact Support Telephone: (800) 374-2721; (202) 336-5500 | TDD/TTY: (202) 336-6123

https://www.apa.org/members/content/compassion- fatigue?fbclid=IwAR0mmXpfqenA1T5QSNxva5ZUX8_va4XdqZziDS0kh0CpGEufbwz5THP7G4I

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hygi9

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A sobering reminder that the Trump Administration’s unrelenting attack on the rights and humanity of migrants is also directed at those fighting to uphold the Constitution, the rule of law, and American values. No aspect of humanity is safe from the intentional cruelty and misconduct of the Trump Administration and their enablers (some, sadly, judges and other so-called “professionals” who refuse to acknowledge what’s really happening and try to “normalize” or disingenuously “overlook” — in the guise of bogus “deference” to a lawless Executive —  Trump’s obvious misconduct, racism, and lies.)

PWS

10-26-19