USCIS RAIO Lesson Plan: Interviewing - Survivors of Torture LP (RAIO)

USCIS

Section: Interviewing - Survivors of Torture LP (RAIO)

Bluebook Citation: USCIS RAIO Lesson Plan: Interviewing - Survivors of Torture LP (RAIO)

REFUGEE, ASYLUM, AND INTERNATIONAL OPERATIONS DIRECTORATE (RAIO) RAIO DIRECTORATE INTERVIEWING – INTERVIEWING SURVIVORS OF TORTURE AND OTHER SEVERE TRAUMA LESSON PLAN DATE (see schedule of revisions): 12/13/2024 Interviewing – Interviewing Survivors of Torture and Other Severe Trauma This Page Left Blank Intentionally USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 2 of 34 Interviewing – Interviewing Survivors of Torture and Other Severe Trauma RAIO Directorate INTERVIEWING – INTERVIEWING SURVIVORS OF TORTURE AND OTHER SEVERE TRAUMA Lesson Plan LESSON PLAN DESCRIPTION This lesson plan provides background information on torture, including what is meant by the term “torture,” the motives and methods of torturers, and the recovery of survivors. The lesson plan focuses primarily on the effects of torture and severe trauma and how these effects can affect the interview process. Through discussion and practical exercises, you will gain exposure to effective interviewing techniques and the effects of secondary trauma. Note: This lesson plan was originally developed in 1995 for use in training new Asylum Officers and has changed little since that time.

It is based on the experiences of the authors in their work with refugees and was reviewed by several experts in the field of working with survivors of torture and other severe trauma, including Dr. Allan Keller, Dr. Antonio Martinez, Dr. Andrea Northwood, and Dr. Pamela Elizabeth. In addition, two individuals who work with survivors, one a survivor herself, gave invaluable input into the development of this lesson plan; they requested that their names not be included, however. A mock interview practical exercise that is used during the training is based on mock interview exercises developed by the clinical staff of the Bellevue-NYU Program for Survivors of Torture. Our thanks also to the staff at the Center for Victims of Torture in Minneapolis for their support of RAIO training efforts, and to all who have contributed to these training materials and to the trainings that are conducted for new RAIO officers and in the RAIO field offices.

0) ENABLING LEARNING OBJECTIVES 1.

Recognize motives, forms, and effects of torture. 2. Identify symptoms of Post-Traumatic Stress Disorder or other trauma-related conditions. 3.

Explain how different factors can impede communication during an interview with a survivor of torture. USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 3 of 34 Interviewing – Interviewing Survivors of Torture and Other Severe Trauma 4. Explain how interview techniques may be used to help elicit testimony from a survivor of torture or other serious trauma. 5.

Recognize secondary trauma as it may arise in RAIO adjudications.

ERROR!

BOOKMARK NOT DEFINED.

OTHER MATERIALS .................................................................

ERROR!

BOOKMARK NOT DEFINED.

SUPPLEMENT A – REFUGEE AFFAIRS DIVISION .....................

ERROR!

BOOKMARK NOT DEFINED.

Recommended Reading ................................................................. Error! Bookmark not defined. Additional Resources .....................................................................

Error! Bookmark not defined. Supplements ................................................................................... Error!

Bookmark not defined.

SUPPLEMENT B – ASYLUM DIVISION ......................................

ERROR!

BOOKMARK NOT DEFINED.

Error! Bookmark not defined. Supplements ................................................................................... Error!

Bookmark not defined. USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 9 of 34 Interviewing – Interviewing Survivors of Torture and Other Severe Trauma Throughout this lesson plan, you will come across references to adjudication- specific supplemental information located at the end of the document, as well as links to documents that contain adjudication-specific, detailed information. You are responsible for knowing the information in the referenced material that pertains to the adjudications you will be performing. For easy reference, supplements for international and refugee adjudications are in pink and supplements for asylum adjudications are in yellow.

Officers in the RAIO Directorate conduct interviews primarily to determine eligibility for immigration benefits or requests; to corroborate information provided by applicants, petitioners, and beneficiaries; and/or to establish whether a person understands the consequences of their actions. The RAIO lesson plans and the adjudication-specific training courses constitute primary field guidance for all officers who conduct interviews for the RAIO Directorate. The USCIS Policy Manual also provides guidance for officers when conducting interviews. There may be some instances where the guidance in the Policy Manual conflicts with guidance provided by the RAIO Directorate.

If this is the case, you should follow the RAIO guidance. Further guidance regarding interviews for specific applications will be discussed during adjudication-specific trainings. In this lesson plan, the term “interviewee” is used to refer to an individual who is interviewed by an officer in the RAIO Directorate for an official purpose. 1 INTRODUCTION This lesson plan covers the definition of torture, the motives and methods of torturers, and the recovery of survivors.

The lesson also discusses the effects of torture and severe trauma and how these effects can affect the interview process. The lesson offers interviewing techniques and discusses how you may be affected by secondary traumatization.1 2 OVERVIEW 1 This lesson plan does not cover the legal definition or elements of torture for decision-making for protection under the Convention Against Torture (CAT). Please refer to the Asylum Division lesson, Convention Against Torture (CAT) Determinations, for making legal determinations for protection under the Convention Against Torture (CAT) in the context of a merits interview, Reasonable Fear (RF), and Credible Fear (CF). USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 10 of 34 Interviewing – Interviewing Survivors of Torture and Other Severe Trauma 2.1 The Global Situation Torture victims are any gender or age.

The practice of torturing individuals is not limited to a particular political ideology; it is an abuse of power that covers the entire range of the political spectrum. Torture of prisoners is routine in many countries. Torture may occur while individuals are serving sentences for having committed crimes, are incarcerated pending judicial hearings, are detained without being formally charged, or are in the informal custody of another person (or persons) who have control over them.2 2.2 Common Experiences of Torture Survivors Generally, the experiences of torture survivors are similar in that usually the victims have been abruptly taken away from their familiar “world,” held in captivity where they were tortured, then escaped or were released. The specter of the tortured individual instills terror in the community.

The victim is stigmatized, often ostracized. In addition, torture survivors have all experienced a loss of control. Usually when faced with danger, an individual can fight or run; torture victims cannot do either of these and have no control over their lives and fate. This loss of control and helplessness often remains with the survivor long after the experience, as does the sense of estrangement and isolation.3 2.3 Treatment Centers Because of the widespread use of torture and the problems encountered by survivors of torture, treatment centers for survivors are available throughout the United States and the world.

The mental health field is learning more about the psychology of survivors of torture and developing treatments to specifically address the effects of their experiences. Examples of centers in the United States include: the “Center for Victims of Torture” in Minneapolis, the “Bellevue/NYU Program for Survivors of Torture” in New York, “The Marjorie Kovler Center for the Treatment of Survivors of Torture” in Chicago, and “Survivors International” in San Francisco. 2.4 Sensitivity to Torture Survivors RAIO officers are not expected to be psychologists, but you can be sensitive to persons who have experienced torture and understand how the experience of torture can potentially inhibit applicants from fully expressing their claim. 2 Note that the UN definition of torture, cited below, limits the definition to that which is performed by or with the consent of a public official.

3 The Center for Victims of Torture website, https://www.cvt.org/; United Nations main website, https://www.un.org/en; and United Nations International Day in Support of Victims of Torture website, https://www.un.org/en/observances/torture-victims-day. USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 11 of 34 Interviewing – Interviewing Survivors of Torture and Other Severe Trauma 3 DEFINITION Torture has been defined in a variety of ways by international organizations, healthcare providers, academics, and others. Generally speaking, torture has an element of deliberate intent by the perpetrator. Article 1, United Nations Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment, 27 June 1987, states: “For the purposes of this Convention, the term ‘torture’ means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.

It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.”4 (Adopted and opened for signature, ratification, and accession by General Assembly resolution 39/46 of 10 December 1984; entry into force on 26 June 1987; ratified by the US Senate in 1990; US became a party in 1994.)5 The World Medical Association, in its “Declaration of Tokyo,” (1975), defines torture in the following manner: “For the purpose of this declaration, torture is defined as the deliberate, systematic or wanton infliction of physical or mental suffering by one or more persons acting alone or on the orders of any authority, to force another person to yield information, to make a confession, or for any other reason.” A more descriptive definition of torture is offered by Elena O. Nightingale, M.D., Ph.D., in “The Problem of Torture and the Response of the Health Professional”: 4 This definition of torture is for purposes of the Convention. Since only states are parties to the Convention, the focus is on severe harm inflicted by officials or individuals acting in official capacity. 5 While the United States ratified the Convention Against Torture on October 21, 1994, subject to certain declarations, reservations, and understandings, and the Convention entered into force for the United States thirty days later, on November 20, 1994, the term “torture” is defined in U.S. immigration law by 8 C.F.R. § 208.18. However, this lesson plan is intended to demonstrate the variety of social and legislative contexts that consider torture for purposes of interviewing survivors of torture and other severe trauma.

For further information on making legal determinations for protection under the Convention Against Torture (CAT), please refer to the Asylum Division lesson, Convention Against Torture (CAT) Determinations, as well as the background reading associated with that lesson. USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 12 of 34 Interviewing – Interviewing Survivors of Torture and Other Severe Trauma “Torture is the deliberate infliction of pain by one person on another--that is the unique feature of torture. It is very different from the trauma that is suffered from a natural event, such as an earthquake or flood... “There are at least four characteristics of torture that seem to be quite consistent.

First, at least two persons are involved—a perpetrator and a victim, and often, though not always, they are face-to-face. Second, the torturer has complete physical control over the victim. This is important because the helplessness of the victim[s] remains with [them] long after the torture episode is over. Third, pain and suffering are an integral part of torture, but the main purpose is not really pain and suffering but rather humiliation and breaking of the will.

Therefore, there are means of torture that do not involve physical pain and suffering, including sensory deprivation, continuous noise, light, hunger, cold, and so on. Finally, torture is a purposeful, systematic activity. In addition to breaking the will of the victim, the intent is to obtain information or a confession, to punish the victim, or to intimidate the victim and others. That is, the purpose is not only to destroy the person who is being tortured, but to have that person be a lesson to others so they will not do whatever the government that sanctions torture feels is not in its interests.

And that’s a very important component. The torture we are speaking about is the systematic government-sanctioned use of torture that is for political purposes.”6 4 MOTIVES OF TORTURERS “[T]he body [is] abused to gain access to the mind.”7 As detailed in the above definitions, torture involves the intentional infliction of physical and/or mental pain and suffering for a specific purpose. Torture is the means used to achieve that purpose. Torture is the purposeful attempt to destroy an individual’s will in order to gain or maintain power, to silence someone, or simply because of opposition to who that person is or what they believe in.

Although the immediate goal of torturers in some cases is to extract information, obtain a confession, or destroy the person as a participant in or leader of a group that the torturers oppose, in most cases the ultimate goal is to give an example for others; it is a means of destroying the emotional, spiritual, social, and political well-being of a group or community. Torturers attempt to: • destroy the personality of the victim • weaken the individual, the family, the community, and/or the society 6 Nightingale, E. O. (1990). The problem of torture and the response of the health professional. In J. Gruschow & K. Hannibal (Eds.), Health services for the treatment of torture and trauma survivors (pp.

8-9). Washington DC: American Association for the Advancement of Science. 7 Denford, J. (1996). The treatment of survivors of torture.

In D. Forrest (Ed.), A glimpse of hell: Reports on torture worldwide (p. 155). London: Amnesty International. USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 13 of 34 Interviewing – Interviewing Survivors of Torture and Other Severe Trauma • create a climate of fear or apathy Torture leaves the survivor as well as the family and community of the survivor feeling afraid, vulnerable, humiliated, intimidated, and isolated. Distrust among community members may also develop, diminishing supportive community ties.

5 FORMS OF TORTURE 5.1 Overview While torture may take many forms, the methods utilized can be grouped into specific categories. The Center for Victims of Torture describes four categories of forms of torture: physical assaults, psychological torture, deprivation of humane conditions, and sensory over-stimulation.8 Despite specific professional ethical prohibitions, some medical personnel and psychologists have assisted in torture, devising methods of torture that maximize the long-term effects of torture and do not leave physical signs, which can impact torture survivors’ attempts to obtain asylum. Medical personnel are often present when victims are being tortured to assure that the victims do not die. Their presence makes them culpable of crimes against humanity; it does not legitimate the acts being performed.

Though some methods of torture leave no physical marks, they may have devastating physical, neurological, and psychological effects, disabling the person for life. 5.2 Methods Examples of methods of the four forms of torture include: • Physical assaults: ➢ Sexual violence (adults and children are all victims of sexual violence)9 ➢ Electric shocks to all parts of the body (most frequently to the genitalia) ➢ Beatings / Physical assault (the majority of torture victims are subjected to beatings) ➢ Burning the victim 8 The Center for Victims of Torture (2023, August 25). Effects of Torture. Retrieved from https://www.cvt.org/resources/effects-of-torture/.

9 Sexual violence other than rape can also have lasting psychological effects. USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 14 of 34 Interviewing – Interviewing Survivors of Torture and Other Severe Trauma ➢ Forcing the body into contorted positions or forcibly stretching it beyond normal capacity • Psychological torture (e.g., threatening to harm or kill the victim or relatives of the victim; mock executions; witnessing or hearing the torture of others; forced nudity) • Deprivation of humane conditions (e.g., depriving the victim of food, sleep, light, and protection from the elements) • Sensory over-stimulation (e.g., exposure to powerful lights and/or constant/very loud noise, non-therapeutic administration of drugs) The most common forms of torture are beatings and psychological torture, with most victims being subjected to some form of psychological torture.10 6 THE EFFECTS OF TORTURE AND OTHER FORMS OF SEVERE TRAUMA 6.1 Overview Torture can have lasting physical and psychological effects. The most debilitating long- term effects of torture, however, tend to be psychological rather than physical. Symptoms affect a high percentage of survivors.

This is also true of other forms of traumatic abuse, such as witnessing the assault, mutilation, or murder of others; experiencing the burning or bombing of communities; forced separation from loved ones; and other exposure to horrific sights or events. Cultural background plays a role in how the effects of torture are manifested for different groups, with some groups tending to present with more somatic11 complaints, and other groups presenting more psychological symptoms.12 6.2 Physical Effects There are many possible physical effects of torture. Physical effects include (but are not limited to) the following: • Musculoskeletal pain • Loss of use of body mobility (due to nerve damage, muscle damage, etc.) • Loss of complete use of certain body functioning • Loss of vision 10 The Center for Victims of Torture (2023, August 25). Effects of Torture.

Retrieved from https://www.cvt.org/resources/effects-of-torture/. 11 Some cultures conceive the body and mind as inseparable, so report physical (somatic) complaints to communicate distress rather than identifying concerns as psychological. 12 Schubert, C. C., & Punamäki, R.-L. (2011). Mental health among torture survivors: Cultural background, refugee status and gender.

Nordic Journal of Psychiatry, 65(3), 175-182. USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 15 of 34 Interviewing – Interviewing Survivors of Torture and Other Severe Trauma • Hearing loss • Headaches • Pregnancy • Sexually transmitted diseases • Scars (most forms of torture, however, do not leave lasting scars) 6.3 Psychological Effects The psychological effects (and corresponding symptoms) of torture and other forms of severe trauma can include the following.13 Emotional • blunted affect, or restricted affect (psychic numbing, showing no emotion or inappropriate emotion) • depression • panic disorders / panic attacks • phobias • anxiety • suspiciousness; distrust • detachment • • • • feelings of isolation / alienation feelings of guilt, shame, humiliation, worthlessness, or helplessness loss of confidence lack of interest in previously enjoyable activities • anger (at those who perpetrated the trauma or those who were exempted) • thoughts of death or suicide Psychosomatic • headaches • pains for which there is no medical explanation • nervousness • insomnia or hypersomnia 13 The following list is one of several ways of categorizing the effects of trauma on survivors. USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 16 of 34 Interviewing – Interviewing Survivors of Torture and Other Severe Trauma • gastrointestinal complaints; diarrhea • fainting • sweating • weakness; fatigue • loss of appetite; weight loss or gain • nightmares • • flashbacks reliving the physical pain of what happened Behavioral • hypervigilance • excessive substance use • aggressive behavior • irritability • withdrawal • sexual dysfunction Mental • confusion • • loss of concentration loss of memory • mental dullness • attention blocking • recurring thoughts of the traumatic event(s) • dissociation14 It is important to note that although most psychological effects of torture are universal, some may vary somewhat across cultures, and some may be culture-specific. For example, to a Tibetan Buddhist, body fluids are considered to have a spiritual energy and 14 “Disruption of and/or discontinuity in the normal integration of consciousness, memory, identity, emotion, perception, body representation, motor control, and behavior.” This may present as blank stares, non-responsiveness to questions, losing track of questions, or appearing to behave as though reliving the traumatic event.

American Psychiatric Association. (2022). Diagnostic and statistical manual of mental disorders (5th ed., text rev.). https://doi.org/10.1176/appi.books.9780890425787. USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 17 of 34 Interviewing – Interviewing Survivors of Torture and Other Severe Trauma are not replenishable.15 A form of torture which has been used against Tibetans is drawing blood and discarding it in an inappropriate manner.

This can have severe psychological effects on the individual; their energy and spirit are irreversibly depleted. Many of these psychological effects (as well as certain physical effects) can lead to a deterioration of the family structure and community ties. Social functioning of the individual is often impaired; this affects parenting skills, the ability to interact as a family member or part of a community, and the ability to hold a job and support oneself and one’s family. The socioeconomic functioning of the entire community may suffer, as the effects of torture and other forms of severe trauma have a far-reaching impact on the community as well as the individual.

6.4 Post-Traumatic Stress Disorder (PTSD) Although reactions to torture and other forms of severe trauma differ among individuals and cultures, the most common conditions are depression and Post-Traumatic Stress Disorder (PTSD). According to “The Dilemma of Revictimization: Survivors of Torture Giving Testimony” by Antonio Martinez, Ph.D., and Mary Fabri, Psy.D., “The dynamics of the disorder are best understood by the interaction between two factors: the painful intrusive memories of the trauma, and the defenses used to ward off these memories. The questioning during investigations, hearings, etc. is an extremely emotional event for the survivor. The story is rarely recounted without an actual sensory reliving of the experience (physical pain, tastes, sounds, smells).

It is not simply a recollection of events.”16 (emphasis added) 6.5 Other Factors There are other issues which may compound the effects of torture and other forms of severe trauma on survivors. 1. The survivor may be overwhelmed by grief or bereavement due to separation from and/or loss of loved ones that has occurred as a secondary consequence of the survivor’s torture. 2.

The survivor may experience an overwhelming sense of guilt, especially if they survived while others continued to be tortured or were killed after the survivor was freed, or if their torture was due to their association with the survivor. Survivors may feel that they were somehow to blame for their own torture or for the torture of others. 15 Eisenman, Dr. David. Associate Medical Director, Bellevue/NYU Program for Survivors of Torture.

Interview, 17 December 1997. 16 Martinez, A., & Fabri, M. The dilemma of revictimization: Survivors of torture giving testimony. Retrieved from https://www.heartlandalliance.org/wp-content/uploads/sites/5/2016/02/the-kovler-center-the-dilemma-of- revictimization.pdf. USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 18 of 34 Interviewing – Interviewing Survivors of Torture and Other Severe Trauma 3.

Survivors who have resettled in a country other than their own face difficulties adjusting to unfamiliar customs and a new language. They may also feel that they do not fit into the new environment. Their established position in their family and society may have been greatly altered by their resettlement, and they may feel a loss of purpose in their lives, especially if it is difficult for them to get and keep a job, and if economic survival is problematic for them. 4.

Uncertain immigration status in the country of refuge can be very stressful for a survivor and can add greatly to their feeling of instability and uncertainty. The survivor may fear being deported and returned to the country where the abuse occurred. Waiting for a decision on a request for asylum or refugee status can be very stressful; being denied can have profound negative effect on a survivor. 5.

The survivor may have a physical disability as a result of the torture / trauma that they experienced. The survivor may also, as noted above, be especially susceptible to illness. • 7 TRIGGERS As noted above, torture and other severe trauma can leave lasting psychological effects on survivors. Often, symptoms appear after a latency period and do not usually subside merely with the passing of time. A survivor may appear to be adjusting fairly well, only to have symptoms triggered without warning.

There are many possible triggers: an event may trigger painful memories or an individual may remind the survivor of the torturer. Even sounds and smells can trigger symptoms. An interview could potentially trigger psychological or physical symptoms for some applicants as the required inquiries involve asking about trauma. Refer to Section 10.1, Interview Techniques, for interview techniques and strategies to utilize when an applicant is presenting with symptoms of distress following exposure to a trigger.

The implications for the interview are substantial. Recollections of the traumatic events, such as are required in the interview, can trigger symptoms. If the survivor was interrogated, the mere experience of the interview can remind the survivor of being interrogated where their life was dependent upon the whim of the interrogator. Uniformed security guards, a particular manner of questioning or particular questions, certain objects in the interview room or office environment, etc., can trigger memories of the trauma and cause “flashbacks” for the survivor.

A survivor may be very fearful of symptoms being triggered during the interview. 8 RECOVERY FOR SURVIVORS OF TORTURE AND OTHER FORMS OF SEVERE TRAUMA USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 19 of 34 Interviewing – Interviewing Survivors of Torture and Other Severe Trauma 8.1 Overview Research has revealed significant variability in individual responses to torture. Many torture survivors experience chronic psychological or physical symptoms, which range from mild to severe, while other torture survivors experience recovery from psychological and/or physical symptoms, as well as posttraumatic growth and increased resiliency. In recent years, specialized mental health treatments have been developed for survivors of torture in order to facilitate recovery from symptoms which cause distress and impair functioning.17 8.2 Factors Affecting Recovery It is difficult to predict how a particular individual might heal from a torture experience.

Psychologists have found, however, that the situations listed below may help in recovery. Certain situations can help in recovery • the survivor was an activist and was abused due to their activism ➢ Such individuals tend to recover more easily than someone who was tortured merely to serve as an example or to get at others in the community.18 • the survivor holds strong religious beliefs • the survivor is able to seek legal redress for the past abuse (for themself, or to help others) • the survivor has access to rehabilitation • the survivor is in a supportive environment where they can be productive ➢ Being in an environment that is permanently safe where there is no threat of future harm is important in recovery. Having regularized immigration status in the country of resettlement can add greatly to the feelings of safety and security of a survivor. ➢ Being able to continue with normal family, social, and work-related functions without being viewed by others as having been somehow diminished by the past experiences can help in recovery. ➢ In some instances, peers/the community may view the survivor as having been strong to have survived. 17 See Additional Resources: Gorman (2001), Hárdi et al.

(2011), Kjellenberg et al. (2014), Kira (2017), and Kira et al. (2006). 18 See Additional Resources: Başoğlu et al.

(1996), Kira et al. (2022), and Kira et al. (2006). USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 20 of 34 Interviewing – Interviewing Survivors of Torture and Other Severe Trauma ➢ Having someone who is easily accessible with whom the survivor feels comfortable talking about the experience can also help in recovery. ➢ The survivor has family with them in exile and/or is assured that their family is safe. • certain cultural values can have a positive impact19 ➢ For example, a survivor’s belief in “karma” may help them to release feelings of revenge or anger toward the perpetrator: suffering is part of one’s fate that one must accept; the perpetrator cannot escape their own fate because of their actions so justice will eventually prevail.

Certain situations can have a negative impact on recovery • certain cultural values can adversely affect recovery ➢ For example, women who have been sexually abused in cultures that view such women as responsible for their own abuse have an especially difficult time accepting what happened to them and overcoming their shame. • culture differences or “culture shock”—difficulty living in a culture that is different from one’s own—can have a negative impact on recovery • lack of economic resources can also have a negative impact on recovery • bias and discrimination (such as anti-immigrant bias) can have an adverse impact on the recovery of those survivors who resettle in a country other than their own, or in an area that is culturally different from their own • uncertain future can negatively impact recovery ➢ An uncertain future can negatively affect a survivor’s rate of recovery. Survivors who are under the surveillance of their torturers may not know if or when they may be forced to again undergo torture. Even if survivors have resettled in another country and are out of immediate harm’s way, their future may still be uncertain if they have no legal status in the country of resettlement or if their immigration status is pending. 9 HOW TRAUMA-RELATED CONDITIONS CAN INTERFERE WITH THE INTERVIEW PROCESS 9.1 Overview 19 Cultural factors can also have a negative impact; see the section immediately below.

USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 21 of 34 Interviewing – Interviewing Survivors of Torture and Other Severe Trauma If an applicant is suffering from Post-Traumatic Stress Disorder or other trauma-related conditions, your ability to gather information on which to base a decision may be affected.20 An interview—even a job interview—can be a stressful experience for any individual. An interview as crucial to an individual’s future as a refugee or asylum interview, by its very nature, is very stress-producing. Symptoms of trauma-related conditions are often exacerbated in stressful situations. Therefore, the interview can be extremely difficult for a survivor of torture or other severe trauma.

Undergoing questioning about the events that occurred can be very emotional for the survivor. The survivor can actually relive sensory experiences, such as sounds, smells, and physical pain. Various factors such as contact with persons in uniform (e.g., immigration inspectors, border patrol agents) or being questioned in a particular manner may trigger symptoms of Post-Traumatic Stress Disorder because this can remind the survivor of the individuals who harmed them. The survivor may feel robbed of power, vulnerable, and defenseless, similar to how they felt during the torture experience.

The survivor may react in a variety of ways during the interview. 9.2 Effect on Interview Process Often, the symptoms of PTSD that may be triggered in the survivor during the interview are experienced internally, and the survivor will not discuss this with those present. These symptoms, however, will have an impact on the survivor’s ability to portray their claim. Survivor may avoid discussing events A survivor may use avoidance as a means of coping.

They may do whatever necessary to avoid thinking about the events due to the humiliation and the emotional pain evoked. They may not wish to discuss the details of the experience with others, may not sleep to avoid having nightmares, or may isolate themself from others to avoid talking about past events. A survivor may also avoid contact with others from their country who may remind them of the experience. A survivor also may avoid such contact because they are fearful that “spies” associated in some way with their abusers may have “infiltrated” their community.

(This is not an unrealistic fear, as there have been cases in which government agents from countries have developed ties to communities in resettlement countries in order to report information back to their governments on the activities of certain individuals.) A torture survivor may be more willing to discuss the physical symptoms resulting from the experience(s) than the psychological symptoms. Survivor may have difficulty remembering events 20 See also Section 7, Triggers. USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 22 of 34 Interviewing – Interviewing Survivors of Torture and Other Severe Trauma A survivor may have suffered brain damage as a result of abuse such as blows to the head and other forms of trauma. This may lead to cognitive problems and an inability to remember certain things.

Additionally, a survivor may have an emotional remembrance of what happened but may not remember the details. They may experience intense fears and anticipation of going through the experience but may not be able to remember what it was that happened. This may be due to: • defensive techniques to avoid reliving the events, which include ➢ denial that events occurred ➢ minimizing the events ➢ blocking memory of the events ➢ dissociation • overstimulation of the brain during the occurrence of the traumatic events so that the brain did not store all of the information • confusion or distortion of memory due to anxiety (e.g., mixing up names and/or dates) Survivor may respond in unpredictable ways • They may lose composure. The question-and-answer format of the interview conducted by a stranger may remind the survivor of being interrogated and questioned for the “truth,” and then punished for telling the truth or for lying.

The survivor may see the interview as determining whether they will live or die. Even waiting to be interviewed may remind the survivor of waiting to be taken to be tortured. • A torture survivor may manifest a wide variety of emotions when recounting past events. They may laugh at what appears to be inappropriate moments or may cry hysterically. The survivor may remember the details of the event(s) but be emotionally detached and recount events as if merely reciting a memorized story without any emotion at all. • A torture survivor may avoid answering questions or may change the subject because they may be afraid of having an emotional outburst or a dissociation experience. • A torture survivor may have difficulty following or tracking your questions or difficulty answering questions coherently.

This can be due to severe concentration difficulties as a result of the memory problems listed previously. USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 23 of 34 Interviewing – Interviewing Survivors of Torture and Other Severe Trauma • A torture survivor may avoid eye contact. Eye contact may be difficult for a torture survivor due to the experience of having been constantly watched while being detained and undergoing torture. • A torture survivor may be unresponsive to questions you pose, even if they know the answers and could speak extensively on the topic.21 Survivor may distrust the interviewing officer and may therefore avoid revealing certain information A torture survivor may have a distrust of others, particularly persons in positions of power or authority (e.g., USCIS officers). (Survivors may also distrust even family members and friends.) The survivor may be fearful of what you will do with the information obtained at the interview, and so may not fully disclose to the officer the experiences they had.

Often, a distrust of others helped survivors escape further abuse and survive in their countries. Therefore, survivors may attempt to protect themselves by distrusting others in other situations as well. The effects listed above can also have an impact on interactions other than at the interview. Individuals who work with survivors in a counseling capacity are often not able to elicit all that happened to the survivor during the first few counseling sessions.

In addition, a survivor may not have explained everything about the claim to their representative prior to the interview.22 It is important to keep in mind how a trauma experience may impact an individual during the interview, and the way in which a trauma experience can manifest in an interview should not be a factor that creates doubt about an individual’s credibility. 10 INTERVIEWING SURVIVORS OF TORTURE AND OTHER SEVERE TRAUMA 10.1 Interview Techniques At every interview there is a potential for retraumatizing an applicant who may be a survivor of torture or other severe trauma. You must be aware of the effects of trauma on certain applicants and use this awareness in formulating interview strategies. You may have to modify your interview techniques to adapt to certain situations.

Unfortunately, 21 This type of response may give rise to credibility concerns related to the applicant’s candor or responsiveness. Just like you need to consider an applicant’s cultural or educational background in determining whether a response is credible, you must take into consideration the effects of torture and trauma on an applicant’s ability to respond; See also RAIO Lesson Plan, Credibility, which cites multiple court cases overturning lower decisions where the impact of torture was not properly considered in making a determination regarding the applicant’s credibility. 22 Consider the implications for the interview if applicants have not been able to fully explain their claim to their legal representative or counselor. USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 24 of 34 Interviewing – Interviewing Survivors of Torture and Other Severe Trauma you will not always know who is a survivor and who is not a survivor.

As noted above, some applicants will not fully disclose all information about their past to you. You should therefore treat each applicant as a possible survivor and attempt to be as sensitive as possible during all interviews. Interview techniques that may be helpful include the following. Treat the applicant with humanity The manner in which you approach the applicant and the interview can greatly affect the way in which the applicant will respond and be able to express their claim at the interview.

You should attempt to build rapport as soon as you meet the applicant, for example by finding some way to connect with the applicant on a human level or connecting on issues not related to the torture experience. Setting the tone at the beginning of the interview can assist you in eliciting the necessary information throughout the interview and can assist the applicant in relating their claim. Try to help the person feel safe and in control • You should recognize the power differential that exists between the applicant and yourself and take care not to exploit it. • You should explain the purpose and process of the interview, including the fact that you will be taking notes and the reason for taking notes. In this way, a survivor will know what they can expect during the interview, thus relieving some of the anxiety of the unknown. • If the claim involves sexual abuse and you are not the same sex as the applicant, you can offer the applicant an opportunity to be interviewed by an officer of the same sex, if one is available.23 • You should start with easy topics in order to establish rapport. • You can ask open-ended questions that give the applicant some control over the information they must give. • You can acknowledge how difficult it may be for the applicant to answer certain questions; you can also give the applicant permission to let you know when something is too difficult.

23 Sometimes just giving the applicant the opportunity to be interviewed by someone else can relieve some of the applicant’s stress about the interview as it indicates that the asylum officer is sensitive to and understanding of the applicant’s situation. USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 25 of 34 Interviewing – Interviewing Survivors of Torture and Other Severe Trauma • You can acknowledge that an event may have been particularly traumatic for an applicant (e.g., “That must have been very difficult for you.”) • You can elicit sufficient detail to establish credibility and gain an understanding of the basis of the claim without probing too deeply into all the details of a painful experience. • Questions such as “Was your life different after your experience? ...How?” can also give you further insight into the nature of the event as well as an understanding of the long-term effects of the experience on the applicant. • If the applicant does not speak English and it is necessary for you to discuss issues with the interpreter, attorney or legal representative, dependents on the applicant’s case, or anyone else at the interview, you should have the discussion translated to the applicant. This keeps the applicant informed of what is going on and can diminish the loss of control the applicant may feel.24 • You should respect a survivor’s need to protect themself during the interview and should respect the survivor’s need to have a sense of control during the interview. This is a major issue for survivors, as their control has been completely stripped from them in many situations; thus lack of control can be very unnerving.

Be thorough but sensitive • You should explain to the applicant the process and roles of the individuals at the interview to reduce the feeling of anxiety. • You can ask broader, open-ended questions in the beginning of the interview to give the applicant a feeling of control, then go back for details. • You should not speak in a loud voice, should avoid changes in mood or attitude toward the applicant, should avoid reacting with disbelief, and should avoid being confrontational or argumentative with the applicant. ➢ It is important to remember that there is a range of behavior that a survivor may exhibit when confronted with discrepancies in their story. Some survivors may be able to explain the discrepancy in a rational manner, while others may become more confused. This may have very little to do with an attempt to fabricate a claim. • You should approach the interview as a means of gathering information rather than as an interrogation, and should convey that message to the applicant by your manner. 24 For additional information, see RAIO Lesson Plan, Interviewing – Working with an Interpreter.

USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 26 of 34 Interviewing – Interviewing Survivors of Torture and Other Severe Trauma • You should allow the applicant to ask questions or ask for clarification; the officer should rephrase questions that appear to be confusing or not understood by the applicant. Remember the purpose of the interview • You should be knowledgeable in human rights conditions in the applicant’s country so that you can ask relevant questions and avoid unnecessary questions. • You should give the applicant time to recompose themself if necessary during the interview, and to relate the account of their experiences in a manner that is the most comfortable for the applicant. ➢ At times after asking a question, it may be appropriate to allow the applicant several seconds of silence to organize their thoughts and determine how to answer a particularly difficult question. Although you may feel a need to fill in the silence by asking additional questions, it may be more beneficial to allow for the silence at particular times during the interview.25 ➢ If an interview with a survivor of torture is particularly long or difficult, you can give the applicant an opportunity to take a break, get water, etc. • You can emphasize mutual goals you and the applicant have. • You should respond non-defensively if an applicant exhibits suspiciousness or distrust. It is important to keep in mind that you may not be aware of what the applicant is going through during the interview and that you cannot change the manner in which the applicant presents themself.

Rather, you must be aware of how you are conducting the interview and adapt your own behavior whenever necessary to be able to effectively elicit the applicant’s claim. Respond to signs indicating that the applicant is experiencing distress related to triggers You can use techniques to mitigate the symptoms of distress experienced by the torture survivor after exposure to a trigger, including attending to the interviewee’s nonverbal cues of distress, modeling how to cope with distress, and responding to their distress by promoting the positive and helping the interviewee feel safe. For example, when you notice the interviewee is tearful or that their voice is quavering, you can acknowledge their distress and allow them to talk or allow them to regain composure before proceeding to the next question. You can also remind the interviewee of the course of the interview and provide positive feedback for the interviewee’s efforts during the interview.

For 25 For additional information, see RAIO Lesson Plan, Interviewing – Eliciting Testimony. USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 27 of 34 Interviewing – Interviewing Survivors of Torture and Other Severe Trauma example, “I see this is difficult for you. Please take your time. It seems like you are working hard to answer these questions.

I can see the effort you are making to complete this interview.” One effective strategy involves setting an intention to act as the non-anxious person in the room. Non-anxious person is an effective interview strategy conducted using the trauma- informed approach to obtain necessary information from individuals who have experienced trauma. The non-anxious person strategy involves the interviewer managing their emotional reactions when exposed to the emotional processes of others, maintaining a nonjudgmental perspective, focusing on engaging the applicant in the interview by active listening, and allowing the interviewee to tell their story by being curious, which empowers them. This strategy includes refraining from expressions of horror, disbelief, or distress in response to what the interviewee is saying; giving the outward appearance of calm and concern; and allowing the interviewee to express emotions while relating their story, which communicates to the interviewee that you can handle hearing the story.26 10.2 Documentation Documentation of a survivor’s experience from their country is usually not available; persons who practice torture usually do not leave written accounts of their actions, and physicians and psychologists who might provide treatment and/or documentation may themselves be harmed if caught.

In addition, many in the medical profession may not be trained in recognizing the signs of torture. Furthermore, a survivor may be afraid to go to a doctor if a doctor was present during and involved in the torture. Although survivors are often not able to seek medical or psychological attention, some are able to obtain care and documentation of their abuse. Documentation of physical symptoms and conditions, however, may not necessarily be able to verify the cause of the symptoms or conditions.

11 EFFECTS ON INDIVIDUALS WHO ARE CLOSE TO OR WHO WORK WITH SURVIVORS 11.1 Overview Individuals who have relationships or work with survivors of torture or trauma may be impacted by the experience of survivors recounting stories of torture or trauma. The impact may be positive, for example posttraumatic growth, or negative, including but not limited to secondary traumatic stress and/or burnout. Additionally, the repeated exposure to descriptions of traumatic events can alter an officer’s perception of the severity of 26 See Additional Resources: Baranowski (2020), Brimbal et al. (2021), Friedman (2007), Reicherter et al.

(2022), Wheeler (2018, June 26), and Schippert et al. (2021), for details regarding effective strategies for interviewing applicants, with histories of trauma, exhibiting signs of distress. USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 28 of 34 Interviewing – Interviewing Survivors of Torture and Other Severe Trauma another’s reported trauma. An officer’s perception may be altered in a way that directly impacts the officer’s analysis during the interview.

To conduct objective interviews, officers must be aware of how they may be impacted by the experience in order to mitigate potential negative impacts that could inappropriately influence the analysis of an applicant’s interview.27 11.2 Secondary Trauma The term “secondary trauma” (also called “vicarious trauma”) is used to refer to the psychological and physiological effects experienced by individuals who work with or are close to trauma survivors. Vicarious trauma can result from empathic engagement with trauma survivors and their trauma stories, combined with a commitment or responsibility to help them.28 Symptoms of secondary trauma mimic the symptoms of PTSD. Secondary trauma is a normal reaction and is experienced in varying degrees by individuals who are in constant contact with survivors of trauma. 11.3 Family Members of Survivors Secondary trauma may affect family members of the survivor as well as individuals who were closely associated with the survivor, such as a friend or colleague who escaped being tortured.

(This is important to note when interviewing an applicant who is related to or closely associated with someone who was a victim of torture or other severe trauma.) 11.4 Caregivers and Others Secondary trauma can affect individuals who work intensely or frequently with survivors, including service providers such as doctors, nurses, social workers, and mental health care providers. 11.5 Officers in RAIO Although officers in RAIO do not have the same in-depth contact with torture survivors that certain service providers have, you may still be affected by the stress from continually interviewing applicants who have undergone hardships and may be survivors of torture or other forms of trauma. You must recognize how this stress may be affecting you and take steps to address problems that may arise as a result. It is important that you take care of your mental health while doing this work and reach out for available services to address problems that may arise as a result of secondary trauma.29 It is also essential to 27 See Additional Resources: Jones et al.

(2023) and Kjellenberg et al. (2014) for more details. 28 Herman, J. L., & van der Kolk, B. A. (2020). Treating complex traumatic stress disorders in adults: Scientific foundations and therapeutic models.

Guilford Publications. 29 Through the Employee Assistance Program (EAP), RAIO staff have access to free and confidential counseling 24 hours per day, 7 days per week, to help handle difficult situations and manage stress. Seeking counseling services USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 29 of 34 Interviewing – Interviewing Survivors of Torture and Other Severe Trauma establish healthy boundaries, such as taking needed breaks, and engage in self-care activities that promote relaxation and well-being. Secondary trauma could also have an effect on your interactions with others and your work performance.

Things to look out for are the potential for: decreasing objectivity, tolerance, patience, and the ability to listen dispassionately to others; overreaction or reaction with disbelief and sarcasm to stories of torture or other forms of abuse; and a decreased sense of personal accomplishment. 11.5.1 Effects that RAIO Officers Might Experience Those who work with trauma survivors “may begin to show signs of stress disorders ranging from difficulty sleeping to PTSD symptoms such as intrusive thoughts and heightened reactivity.”30 Individuals who work with survivors can also experience the following effects: Burnout31 The term “burnout” refers to the cumulative psychological strain of working with many different stressors. It often manifests as a gradual wearing down over time. The factors that could lead to burnout include: • Professional isolation • Emotional drain from empathizing • Complex client population • Long hours with finite resources • Ambiguous success • Unreciprocated giving and attentiveness • Failure to live up to one’s own expectations for effecting positive change The symptoms of burnout can include: • Depression • Cynicism • Boredom for mental health treatment does not disqualify you from working for the government or passing a background check.

30 National Center for PTSD. (2007). Working with trauma survivors: What workers need to know. Retrieved August 1, 2023, from https://www.ptsd.va.gov/professional/treat/type/work_with_survivors.asp.

31 Id. USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 30 of 34 Interviewing – Interviewing Survivors of Torture and Other Severe Trauma • Loss of compassion • Discouragement Compassion stress32 Compassion stress refers to the stress of helping or wanting to help a trauma survivor. Compassion stress is seen as a natural outcome of knowing about trauma experienced by a client, friend, or family member, rather than a pathological process. It can be of sudden onset, and the symptoms include: • Helplessness • Confusion • Isolation • Secondary traumatic stress symptoms Compassion fatigue33 Compassion fatigue is considered a more severe example of cumulative compassion stress. It is defined as “a state of exhaustion and dysfunction, biologically, physiologically, and emotionally, as a result of prolonged exposure to compassion stress.”34 11.5.2 Strategies to Cope with Secondary Trauma There are various ways you can prevent or treat secondary trauma, including getting regular physical exercise, adequate sleep, and proper nutrition, and talking to a counselor or other health professional.

Taking regular breaks and being assigned to different types of tasks can also help. Practicing mindfulness and self-compassion can also help individuals working with survivors cope with difficult emotions and reduce trauma reactions.35 It is also important to seek social support from a supportive environment of family and/or friends with whom to discuss feelings. In addition, anyone who is suffering from secondary trauma can connect with and share their experiences with co-workers who are likely to understand what they are going through more than anyone else might. Also, you are encouraged to reach out to your supervisor, as you feel comfortable, to discuss what options may be available for support.36 32 Id. 33 Id. 34 Id. (citing Figley, C. R. (Ed.).

(1995). Compassion fatigue: Coping with secondary traumatic stress disorder in those who treat the traumatized. New York: Brunner/Mazel.) 35 See Additional Resources: Boyes (2021, August 27) for more details. 36 Through the Employee Assistance Program (EAP), RAIO staff have access to free and confidential counseling 24 hours per day, 7 days per week, to help handle difficult situations and manage stress.

Seeking counseling services USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 31 of 34 Interviewing – Interviewing Survivors of Torture and Other Severe Trauma 12 SUMMARY Torture is practiced in many countries. It affects persons of all genders and ages, including children. Motive of Torturers • To give an example to others • A means of destroying the emotional, spiritual, social, and political well-being of a group or community • Torturers attempt to: ➢ destroy the personality of the victim ➢ weaken the individual, the family, the community, and/or the society Forms of Torture Torturers use a variety of methods of torture that leave long-lasting psychological damage but that do not usually leave lasting physical evidence. • Psychological torture • Sensory deprivation / Sensory overload • Sexual violence • Electric shocks • Beatings • Burns • Forcing the body into contorted positions or forcibly stretching it beyond normal capacity • Non-therapeutic administration of drugs Effects of Torture and Other Trauma Symptoms affect a high percentage of survivors. Symptoms exhibited by applicants suffering from trauma-related conditions may be physical or psychological and include: • Emotional • Psychosomatic • Behavioral for mental health treatment does not disqualify you from working for the government or passing a background check.

USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 32 of 34 Interviewing – Interviewing Survivors of Torture and Other Severe Trauma • Mental Such symptoms can affect the RAIO officer’s ability to elicit necessary information. Post-Traumatic Stress Disorder (PTSD) and depression are the most common long-term reactions to torture and other forms of severe trauma. Often, symptoms appear after a latency period and do not usually subside merely with time. Symptoms may be “triggered” without warning at any time.

The rate of recovery for survivors varies from individual to individual and a variety of factors can influence the rate of recovery. However, survivors may never fully recover from a torture experience. An applicant suffering from PTSD or other trauma-related condition may • avoid discussing events • have difficulty remembering events • respond in unpredictable ways • avoid revealing certain information Interviewing Survivors of Torture Officers need to be aware of the possible symptoms of trauma-related conditions and elicit information in the most effective and sensitive way possible. • Treat the applicant with humanity • Try to help the applicant feel safe / in control • Be thorough but sensitive • Remember the purpose of the interview • Respond to signs indicating that the applicant is experiencing distress related to triggers Effects on Individuals who are Close to or Who Work with Survivors Individuals who work with trauma survivors, as well as family members and others who are close to trauma survivors, may experience secondary trauma, the symptoms of which are similar to those of PTSD. Other effects of secondary trauma can include burnout and compassion stress and fatigue.

USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 33 of 34 USCIS: RAIO Directorate DATE (see schedule of revisions): 12/13/2024 Page 34 of 34

Chat with this agency guidance using AI

Ask CiteLaw's AI Navigator anything about this agency guidance, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.

USCIS RAIO Lesson Plan: Interviewing - Survivors of Torture LP (RAIO)

0) ENABLING LEARNING OBJECTIVES 1.

RECOMMENDED READING

ERROR!

BOOKMARK NOT DEFINED.

OTHER MATERIALS .................................................................

ERROR!

BOOKMARK NOT DEFINED.

SUPPLEMENT A – REFUGEE AFFAIRS DIVISION .....................

ERROR!

BOOKMARK NOT DEFINED.

SUPPLEMENT B – ASYLUM DIVISION ......................................

ERROR!

BOOKMARK NOT DEFINED.

Chat with this agency guidance using AI