Best Practices for Representing Immigrant Children
Trauma-Informed Lawyering

Immigrant children will have undergone significant and complex trauma before they come to the US, during their journey here and after arrival. Their world has been hostile, unpredictable and dangerous. In addition to domestic violence and child abuse, many are victims of poverty, community violence and sexual and other forms of exploitation.

Trauma-informed lawyering is an approach using a particular skill set to work with the child client in a way that takes into account the impact of trauma and aims to create a supportive and empathetic environment.

This enhances the ability of the child to be comfortable and best able to tell her story. It avoids actions, language, and procedures that might trigger or re-traumatize. And it promotes resilience.

Trauma-informed lawyering leads to effective representation and improved client outcomes while minimizing the adverse impact on the child. Trauma-informed practice begins before you meet the client and continues until you end your relationship.

Lawyers employing a trauma-informed approach must first educate themselves about the psychological and emotional effects of trauma, so they can better understand their clients’ behaviors and reactions. A variety of publications discussing how various harms manifest can be found here. The topics considered include neglect, physical abuse, sexual abuse, domestic violence, substance abuse, detention, family separation and migration.

The materials in this library give the tools to establish a connection with the child so that you can have difficult conversations and manage the impact.

Working with Traumatized Children

Dr. Jordan Greenbaum, Medical Director, Global Initiative for Child Health and Well-Being
International Centre for Missing & Exploited Children

This webinar, created for Project Lifeline, details the types of trauma experienced by immigrant children and the physical manifestations.

This webinar, created for Project Lifeline, explores how to work with traumatized immigrant children to help them tell their stories without retraumatization and in ways that promote resilience and healing.

Basic Principles of Trauma-Informed Lawyering

Safety – Creating a physically and emotionally safe space for clients, where they feel respected, valued, and empowered.

Trustworthiness and Transparency – Building trust by being honest, open, and transparent with clients about the legal process, potential outcomes, and any challenges that may arise.

Choice and Collaboration – Allowing clients to have a voice in their legal matters, respecting their autonomy, and involving them in decisions related to their cases.

Empowerment and Voice – Recognizing and promoting the client’s strengths and resilience, and giving them a platform to express their needs and concerns.

Cultural Sensitivity – Being aware of and respectful towards the cultural, social, and personal backgrounds that shape a client’s experience of trauma.

Understanding the Impact of Trauma – Lawyers employing a trauma-informed approach educate themselves about the psychological and emotional effects of trauma, so they can better understand their clients’ behaviors and reactions.

Avoiding Re-Traumatization – Being mindful of actions, language, and procedures that might inadvertently trigger or re-traumatize clients.

Focusing on Healing and Well-being – Recognizing that the legal process can itself be stressful, and striving to minimize harm while also contributing positively to a client’s overall well-being.

Collaboration with Other Professionals – Connecting clients with appropriate support services, such as mental health professionals, social workers, or counselors, who can provide specialized assistance.

Compassionate Self-Care for Lawyers – Acknowledging that working with trauma survivors can be emotionally demanding for lawyers as well, and taking steps to care for their own well-being.

A Toolkit for Navigating Difficult Conversations with Child Clients: Guidance & Examples, ABA Children’s Immigration Law Academy (CILA)

This excellent publication provides a comprehensive toolkit for working with immigrant children.

Chapter 1: Representing Children in Immigration Matters, Kids in Need of Defense

Overview of best practices to incorporate when advocating for and interacting with immigrant youth clients.

Suggestions for Interviewing Refugee and Immigrant Children and Families, Bridging Refugee Youth & Children’s Service

Guidelines for trauma-informed best practices to use when interviewing unaccompanied immigrant youth.

Child Forensic Interviewing: Best Practices, U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention

Practice advisory for government officials, giving best practices for forensic interviewing of children who have experienced trauma and abuse.

Pro Bono Guide: Working with Children and Youth in Immigration Cases, Children’s Immigration Law Academy (CILA) & Vera Institute of Justice

Trauma-Informed Techniques for Lawyers Interviewing Immigrant Children, Stanford Center for Health Education

These webinars were designed for lawyers working with detained children who have experienced significant trauma. The information applies equally to children who are no longer detained.

Evaluating Capacity and Mental Competency

Children in Immigration Proceedings: Concepts of Capacity and Mental Competency, Vera Institute of Justice’s Unaccompanied Children Program

Guidance for practitioners working with unaccompanied immigrant youth who may have diminished mental capacity or competency due to intellectual and cognitive disabilities, mental health disorders, or issues with child development. 

Webinar: Identifying and Raising Capacity and Mental Competency Issues in Children’s Immigration Cases, ABA Children’s Immigration Law Academy (CILA)

Webinar to help advocates to identify children with diminished mental capacity or competency and effectively interact with them.

Trauma-Informed Guidance for Juvenile Court Judges

Primer for Juvenile Court Judges: A Trauma-Informed Approach to Judicial Decision-Making for Newcomer Immigrant Youth in Juvenile Justice Proceedings, National Youth Law Center 

Primer providing guidance for judges presiding over juvenile justice matters involving unaccompanied immigrant children. It outlines the traumas these children may have experienced, how these traumas may impact behavior, and  best practices in working with these children.

Bench Card for Juvenile Court Judges: What Do Judges Need to Know?, National Child Traumatic Stress Network

Short resource designed for judges to keep on hand when presiding over matters involving newcomer immigrant youth. It outlines the harms and the impact of the traumas, and outlines best practices to employ in court

Overcoming Vicarious Trauma

Compassion Fatigue, American Bar Association (ABA), Commission on Lawyer Assistance Programs

Detailed description of compassion fatigue, also known as secondary or vicarious trauma. It describes how to recognize tthe symptoms and what to do to manage them. 

Secondary Traumatic Stress: A Fact Sheet for Child-Serving Professionals, National Child Traumatic Stress Network (NCTSN)

Designed for those working with children across all fields, including law. It outlines who is at risk for developing secondary traumatic stress/vicarious trauma, how to identify the symptoms, how to prevent the development of secondary traumatic stress, and how to create strategies for resiliency so that practitioners can continue their work. 

Additional resources on best practices – trauma-informed lawyering and compassionate self-care can be found here.

The goal of the Predicate Order Resource Center and this page is to provide advocates with easy access to publications and other resources to be used as a starting place for research and further investigation. It is not a substitute for independent thought, research and, if applicable, obtaining legal advice.