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Research ArticleRegular Article

Clinical and Legal Considerations When Optimizing Trauma Narratives in Immigration Law Evaluations

Amy Franks, Diab A. Ali and Ahmad Adi
Journal of the American Academy of Psychiatry and the Law Online October 2024, JAAPL.240080-24; DOI: https://doi.org/10.29158/JAAPL.240080-24
Amy Franks
Dr. Franks is an adult psychiatrist in private practice, Boulder, CO. Dr. Ali is a fellow in child and adolescent psychiatry, Boston Children’s Hospital, Boston, MA. Dr. Adi is Assistant Professor of Psychiatry, Department of Psychiatry, University of Colorado School of Medicine, Aurora, CO. At the time of writing, Dr. Franks and Dr. Ali were psychiatry residents, Department of Psychiatry, University of Colorado School of Medicine, Aurora, CO.
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Diab A. Ali
Dr. Franks is an adult psychiatrist in private practice, Boulder, CO. Dr. Ali is a fellow in child and adolescent psychiatry, Boston Children’s Hospital, Boston, MA. Dr. Adi is Assistant Professor of Psychiatry, Department of Psychiatry, University of Colorado School of Medicine, Aurora, CO. At the time of writing, Dr. Franks and Dr. Ali were psychiatry residents, Department of Psychiatry, University of Colorado School of Medicine, Aurora, CO.
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Ahmad Adi
Dr. Franks is an adult psychiatrist in private practice, Boulder, CO. Dr. Ali is a fellow in child and adolescent psychiatry, Boston Children’s Hospital, Boston, MA. Dr. Adi is Assistant Professor of Psychiatry, Department of Psychiatry, University of Colorado School of Medicine, Aurora, CO. At the time of writing, Dr. Franks and Dr. Ali were psychiatry residents, Department of Psychiatry, University of Colorado School of Medicine, Aurora, CO.
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    Table 1

    Common Scenarios in Asylum Trauma Narratives and Suggested Areas of Inquiry

    Common ScenarioSuggested Questions
    TortureWho was the perpetrator of the torture? What was the kind of torture, and what happened during torture? How often did the torture occur (one incident versus multiple incidents)? Did the torture occur in the context of an interrogation? Was the torture done to obtain specific or false confessions? Are there any scars or physical evidence of the torture? Did the person have access to medical care after torture? Did the person have access to any local, regional, or international NGOs to report the torture?
    ImprisonmentWhat were the circumstances that led to imprisonment? How long was the imprisonment? Did the person have access to food, clean drinking water, toileting? Where was the person held (cell versus other settings)? How many others were in the same cell or holding environment? Were there any formal charges read to the person? Did the person have access to legal representation? Did family and loved ones know about where the person was held? Did the person have access to medical care during imprisonment?
    AbductionWho were the abductors? What were the circumstances around the abduction? Did the person have access to food, clean water, toileting? Was the person allowed any contact with family and loved ones? Was there a ransom, and if so, how much was the ransom? How was the ransom paid? What were the circumstances of the person’s release? Did the person have the option of reporting the abduction to local authorities?
    Sexual violenceWere the perpetrators known to the victim? What were the circumstances around the assault? How many incidents of assault or sexual violence occurred? How did the assault stop or how did the victim escape the assault if held captive? Did the person have the option of reporting the assault? Were there any family, community, or cultural barriers to reporting? Did a pregnancy occur as a result?
    Human traffickingWhat were the circumstances around the trafficking? How did the person know the activities were part of a trafficking scenario? Did the person attempt to escape or leave the traffickers? Did the person have access to food, clean water, toileting? Was the person allowed any contact with family and loved ones? Were there expectations regarding work duties (for example, manual labor, prostitution)? How did the person escape the traffickers? Did the person have access to any local, regional, or international authorities to report the trafficking?
    • NGO = nongovernmental organization.

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Journal of the American Academy of Psychiatry and the Law Online: 53 (1)
Journal of the American Academy of Psychiatry and the Law Online
Vol. 53, Issue 1
1 Mar 2025
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Clinical and Legal Considerations When Optimizing Trauma Narratives in Immigration Law Evaluations
Amy Franks, Diab A. Ali, Ahmad Adi
Journal of the American Academy of Psychiatry and the Law Online Oct 2024, JAAPL.240080-24; DOI: 10.29158/JAAPL.240080-24

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Clinical and Legal Considerations When Optimizing Trauma Narratives in Immigration Law Evaluations
Amy Franks, Diab A. Ali, Ahmad Adi
Journal of the American Academy of Psychiatry and the Law Online Oct 2024, JAAPL.240080-24; DOI: 10.29158/JAAPL.240080-24
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  • Article
    • Abstract
    • Emotional State and Disclosure
    • Retraumatization and Healing in the Process
    • The Interview Environment
    • Roles and Challenges of the Interpreter
    • Common Traumatic Stressors
    • Legal Considerations and Guidance
    • Malingering and Embellishment
    • Countertransference and Vicarious Trauma
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Keywords

  • asylum seekers
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