Amicus Brief to the Board of Immigration Appeals Invitation NO. 16-06-09 developed by Crowell and Moring LLP on behalf of National Women’s Advocacy Project (“NIWAP Inc.”), the Lutheran Immigration and Refugee Service (“LIRS”), Dr. Giselle Hass, Tahirih Justice Center (“TJC”), National Center on Domestic Violence, Trauma & Mental Health (“NCDVTMH”). This Amicus brief was submitted to the Board of Immigration Appeals and addresses an important issue presented by Amicus Invitation No. I 6-06-09, focusing on how the term “minor” should be defined and understood by the Board in child asylum cases in light of the substantial body of recent research concerning the neurobiological, cognitive, and psychological development of children and adolescents. This brief focused on the significant and deleterious effect trauma and maltreatment have on that development, including the impact of impaired development on the readiness of child migrants to file asylum applications. The brief argues that in cases of child asylum applicants’ waivers of the one-year deadline based on extraordinary circumstances must be presumed for children under the age of 21. The brain science also supports waivers of the deadline for older youth in their 20s who can demonstrate based on the totality of the circumstances of their case and the impact of the trauma they suffered on their lives that they meet the extraordinarily circumstances test. (Crowell and Moring: September 1, 2016)
Amicus Briefs, Asylum, Case law, Child welfare, abuse and neglect, Domestic Violence & Dynamics, Trauma Informed Assistance, VAWA 1994, VAWA 2000, VAWA 2005