Dear deedub-ga
Thank you for allowing me an opportunity to answer your interesting
question. I think, in the absence of information about children being
deported and the fact that your time to present this case is limited,
you may be overlooking the well-established hardships of ?CULTURE
SHOCK? and the psychological impact it has on children, especially
when forced upon them. In my opinion, this is without a doubt THE
issue to turn to in making your case as children from ANY culture,
thrust into a foreign culture against their will (whether they are
refugees, deportees, asylum seekers, or what have you) are ALL subject
to a variety of stresses (insecurity, fear, anxiety, confusion and
much more). In your example, where American children who might be
somewhat vicariously familiar with their cultural HERITAGE in the
comfort of their native environment (USA) but not the culture itself
through direct life experience, the issue of culture shock seems just
as appropriately applied. Regardless of how the children get to their
new country, they are equally at risk for potentially damaging culture
shock, and from which (it is possible) they might never fully recover:
?The phrase "culture shock" was first coined by anthropologist Kalvero
Oberg (1972) In 1955 to describe problems of acculturation and
adjustment among Americans who were working in a health project in
Brazil. He viewed It as "an occupational disease of people who have
suddenly been transported abroad ... (which) is precipitated by the
anxiety that results from losing all our familiar signs and symbols of
social intercourse. Oberg viewed culture shock as a specific ailment
with its own symptoms [and] cures.?
PRAXIS INTERCULTURAL
http://www.praxisintercultural.org/cultural%20shock.html
footnote: K. Oberg, "Culture Shock," Report No. A-329 (Indianapolis:
Bobbs-Merrill Series in the Social Sciences, 1954).
Robin Pascoe, and expatriate expert and author of ?Culture Shock! A
Parent?s Guide? says that not only the children, but indeed the entire
family can suffer from the stresses of culture shock:
?Factor in conditions like constant physical and emotional proximity
in the early weeks after arrival, and family culture shock can produce
a confusing, unsettling interaction between the parents? (and
especially the mother?s) shock and the effects their own uncertainties
and helplessness may have on the children, regardless of age. In other
words, a child of any age who arrives in a new country might find that
family shock waves set off by a father suddenly away on constant road
trips or a mother frustrated by the loss of her career as disorienting
as the foreign culture outside the door.?
FAMILY CULTURE SHOCK
http://www.expatexpert.com/going_abroad/family.html
A statement on this same site warns of the signs to watch for:
?All experts agree that parents should watch out for signs of both
aggression and regression. Toilet-trained toddlers may require diapers
again, younger children may become insecure, clingy, and throw temper
tantrums or become more aggressive with siblings or other children,
and older children may have sleeping problems, depression or mood
swings.?
FAMILY CULTURE SHOCK
http://www.expatexpert.com/going_abroad/family.html
In ?A Child?s Culture Shock?, Pascoe goes on to say:
?Loss of the Familiar Traditional comfort items, whether it be a
television or granny's voice on the end of the phone are no longer
there. Remember, too, that a child's world can be a limited one. So
while an adult will react to what is new outside the door, a child ?
and certainly one still at home ? could potentially experience shock
at what is inside the home. This can easily include the shock of a
mother who is beside herself with unhappiness, as much as the shock of
a new care- giver, new bedroom furniture, or new food on the plate.?
?Pre-schoolers and children in lower grades can make friends more
easily than teenagers who have to rely on a sophisticated set of cues
and rules of behavior set by that week's consensus. Teens will need
more time. That awkward, left-out feeling they may experience while
they are trying to connect will most certainly be exaggerated and even
mixed up with their feelings of culture shock.?
A CHILD?S CULTURE SHOCK
http://www.expatexpert.com/going_abroad/kidcultureshock.html
The problems surrounding intercultural adjustment and the losing of
one?s identity have been studied for decades. Some have even labeled
?culture chock? a mental illness. Let?s consider some references from
notable scholars on the subject:
?Many of the early studies of intercultural adjustment were conducted
from a psychological perspective and imbued the sojourner literature
with "a distinct clinical flavor" (Furnham and Bochner, 1983, p.163).
Culture shock was associated with maladjustive mental and emotional
attributes of the sojourners themselves. George M. Foster, for
example, called culture shock "a mental illness, and as true of much
mental illness, the victim usually does not know that he is afflicted"
(1962, p. 187).?
Even the statistics themselves are suspect when it comes to how
dramaticially culture shock can affect each individual. ?William Fitts
(1981), working with self-concept in the American intra-cultural
sphere, speaks to the critical need to go beyond the group statistics
to an understanding of what is happening to the individual.
"One should not be content to collect data from a group of
people, feed them into a computer, then report and interpret the group
findings. It is more important to get one's hands on the data and see
what is really there -- what's happening to the individuals there.
When this has been done, one often finds that there is a great deal
happening with individuals that is completely obscured or confounded
by the group data" (1981, p. 262)?
Following culture shock often comes ?self-shock?, or the realization
that one is inherently different from others. According to this white
paper on the subject, the identify crisis can become broadened and
much more complicated than simple culture shock.
"SELF-SHOCK: THE DOUBLE-BINDING CHALLENGE OF IDENTITY" International
Journal of Intercultural Relations, 13 (1989), pp. 501-526.
http://66.218.71.225/search/cache?p=children+%22culture+shock%22+psychologist&ei=UTF-8&n=20&fl=0&u=academic2.american.edu/%7Ezaharna/selfshock.htm&w=children+%22culture+shock%22+psychologist&d=A57383EA66&c=482&yc=25191&icp=1
Religious organizations that regularly encounter culture shock issues,
either through dealing with refugees or from experiencing it directly
themselves as missionaries, frequently report predictable stages of
culture shock. These have been described as depression, grief, fear,
profound loss, loss of self-esteem, feelings of rejection and constant
fatigue. Those who are unable to cope or resolve their grief sometimes
resort to outbursts of anger and antisocial behavior.
Other issues that indirectly affect the children are the parents?
attitudes toward what had happened to them. When the family dynamics
change in the new forced setting the children can suffer dramatically:
?Unconscious dissatisfaction and a sense of loss of control often lead
to frustration and anger. These emotions often result in abuse to
family members, psychosomatic illnesses, sleeplessness, depression,
and in some cases suicidal tendencies.?
CULTURE SHOCK
http://www.korrnet.org/refugees/Handbook/2C-CULTURE%20SHOCK.htm
?Some people quickly develop useful coping strategies which allow them
to easily adjust while, at the other extreme some resort to the use of
progressively more inappropriate and maladaptive neurotic defense
mechanisms which may eventually develop into such severe psychological
disorders as psychosis, alcoholism, and even suicide.?
?No cure will work for everyone because there are so many variables
involved. What might work for one person in a specific environment may
not work for others in different environments. Wives may react
differently than husbands and children differently than adults.?
PRAXIS INTERCULTURAL
http://www.praxisintercultural.org/cultural%20shock.html
So it is not only the children?s reactions we should focus on, but the
children?s? responses to their PARENTS? reactions as well. The
stresses of culture shock, like any family stress, trickles down and
affects the children, sometimes adversely and to the point that the
child loses his own identity and can develop psychological and/or
emotional issues in response to that stress. A child?s coping
mechanisms are different than that of adults and his verbal
communication skills, especially in younger children, may be
inadequate to express his grief, fear or sense of loss and confusion
and the child is left with to process the issues internally.
In summary then, it would not be unusual for any child, even a
healthy, well-developed, intelligent child, to experience these
emotions and feelings, and, as a rule, those who fail to adapt, as the
children in question very well might, fair the worst in these
circumstances. Logically, it seems, the best means of avoiding these
potential long-term behavior problems is to avoid the culture shock
itself.
Below you will find that I have carefully defined my search strategy
for you in the event that you need to search for more information. By
following the same type of searches that I did you may be able to
enhance the research I have provided even further. I hope you find
that my research exceeds your expectations. If you have any questions
about my research please post a clarification request prior to rating
the answer. Otherwise, I welcome your rating and your final comments
and I look forward to working with you again in the near future. Thank
you for bringing your question to us.
Best regards;
Tutuzdad ? Google Answers Researcher
INFORMATION SOURCES
Defined above
SEARCH STRATEGY
SEARCH ENGINES USED:
Google ://www.google.com
SEARCH TERMS USED:
Culture shock
Self shock
Behavior
Emotions
Psychologist
Research
Paper
Physicians
Doctor
Pediatrician
Stress
Adjustment
Impact
Intercultural
Kalvero Oberg |
Clarification of Answer by
tutuzdad-ga
on
16 Jul 2004 13:27 PDT
In ?the Matter of Monreal?, one of the cases that was instrumental in
determining the definition of "exceptional and extremely unusual
hardship" for the purposes of Cancellation of Removal (and
specifically related to deportation to Mexico, I might add), the
issues of undue and extreme hardship are discussed and defined. The
respondent, Francisco Javier MONREAL-Aguinaga, a Mexican national was
being deported and since he had American-born children, upon whom he
asserted an undue hardship would exists if he (and they) were
deported, pleaded his case to the court. The court, in turn, issued
this:
?Although I believe that some of my suppositions regarding the
extraordinary nature of the ties that the children will be forced to
sever and the hardship they will have to endure may well be correct,
they are not substantiated in the record. The deficiency in the record
before us is the lack of corroborating and supporting evidence that
forcefully demonstrates that the hardships to the children truly will
be of a level that meets the exceptional and extremely unusual
hardship standard. Such evidence might include a professional
evaluation of the children?s language capabilities; individual medical
and psychological reports by expert witnesses indicating the potential
impact of relocation to Mexico on the children?s development and
ability to flourish; authoritative documentation indicating the
similarities and differences between the United States and
Cite as 23 I&N Dec. 56 (BIA 2001) Interim Decision #344773 Mexican
school systems; recognized sociological studies reflecting the ability
of United States citizen children to adapt to different cultures and
countries; economic studies indicating the likely employment prospects
for the respondent and the resulting effect on the children?s standard
of living; reports regarding the anticipated ease or difficulty of
later adjustment to United States social and educational standards,
should the children wish to return when they reach college age; and
any information concerning the children?s ability to maintain contacts
with their aunts, uncles, grandparents, friends, teachers, or other
influential figures in the United States. In all cases, were evidence
of this type to be presented, it must be specifically linked to these
individual children, in terms of their gender, age, level of
development, level of achievement, and any special problems or needs
that they may have. Any reports should be authenticated. Any
evaluations should be attested to under oath, with a recitation of the
qualifications of the maker of the document. All expert witnesses
should be available to appear in court, give direct testimony, and be
cross-examined?
Matter of Monreal, 23 I. & N. Dec. 56 (BIA 2001)
http://www.usdoj.gov/eoir/efoia/bia/Decisions/Revdec/pdfDEC/3447.pdf
IMMIGRATION LAW & POLICY
Removal Procedures and Defenses
http://www.nilc.org/immlawpolicy/removpsds/removpsds091.htm
In re Martha ANDAZOLA-Rivas, the court granted Andazola?s application
for cancellation based on it?s findings that her children may not
receive the education and healthcare to which they have been
accustomed and that they may in fact have to forego formal education
altogether due to the fact that they would be forced to have to work
in the fields to earn the necessary living:
re Martha ANDAZOLA-Rivas
http://www.immigration.com/newsletter/bia3467.pdf
In another case, Matter of Recinas, 23 I. & N. Dec. 467, Int. Dec.
3479 (BIA Sept. 19, 2002), the respondent was granted cancellation
based on this hardship claims.
?The adult respondent in this case, a Ms. Recinas, is a 39-year-old
Mexican national who has lived in the U.S. since 1988. She has two
older children, ages 15 and 16, who are Mexican nationals, and four
U.S. citizen children, ages 12, 11, 8, and 5. Her parents are both
LPRs, and her five siblings are U.S. citizens. She is divorced and has
no immediate family living in Mexico.?
?Recinas raised her family in the U.S. since 1988, and the four U.S.
citizen children do not speak Spanish well and cannot read or write in
Spanish.?
?The citizen children are solely dependent on Recinas for their support?
?Recinas's ability to work and support her children depends upon the
assistance her mother has provided in caring for the children, and
with no family in Mexico she would have an especially difficult time
finding employment and providing a safe home for her children.?
?The BIA concluded that, while the kinds of hardship factors in this
case "are more different in degree than in kind" from those in
Andazola, the total level of hardship in this case is greater and
satisfies the standard.?
?With respect to the two minor respondents, the BIA found that the IJ
was correct in finding that they do not have a qualifying relative.
However, the BIA also noted that this decision will result in Recinas
receiving cancellation and adjusting to LPR status, and that it is
likely that soon she will constitute a qualifying relative for these
children. Because the children soon will have a qualifying relative,
the BIA remanded their cases to the IJ, to be held in abeyance pending
a disposition of Recinas's status.?
MATTER OF RECINAS: BIA CLARIFIES HARDSHIP STANDARD FOR NON-LPR
CANCELLATION OF REMOVAL
http://www.nilc.org/immlawpolicy/removpsds/removpsds103.htm
On the other hand, there is this (No. 02-9572) where a respondents
asserted this their children would suffer extreme hardships and while
the court agreed that hardships would exists, it ruled that they were
not extreme and subsequently did not act:
REYES ALVAREZ-DELMURO, SOLEDAD ALVAREZ-COLAZO,
v.
JOHN ASHCROFT, United States Attorney General
?The Alvarezes claimed that they met the requirements of subparagraph
(D) because their removal would result in "exceptional and extremely
unusual hardship" to their four children who are United States
citizens by virtue of their birth in this country. The children range
in age from four to thirteen. The Alvarezes assert that if they take
the children back to Mexico with them, the children would be forced to
endure an educational system and a standard of living considerably
worse than in the United States. In addition, the Alvarezes do not
believe that they could adequately support their children in Mexico.
Alternatively, if the Alvarezes were to leave their children in the
United States with relatives, the children would suffer from being
separated from their parents.?
?The IJ found that if the Alvarezes returned to Mexico, their standard
of living will change considerably. . . . [R]eports on Mexico stat[e]
that 40 percent of the population of Mexico is children under 18, and
that there are nutritional problems and educational problems. There
are children living on the street who are exploited. Certainly life is
very difficult for children without parents, and for children with
parents the standard of living is very poor.?
?Rec. at 80. However, the IJ also found that the Alvarezes' case did
not satisfy the exceptional and extremely unusual hardship standard
because "when Congress passed the legislation concerning cancellation
of removal, in the committee reports they noted that they did not want
cancellation of removal to be granted simply because families would
suffer a worse type of life in another country, an inferior life to
that of the United States." Id. The IJ concluded by stating,
Frankly, I believe the hardship would be extreme hardship under the
old standard, which would warrant granting the case, but I don't
believe the case can be called exceptional, nor extremely unusual. It
is a type of hardship that is felt by every family returning to
Mexico, except perhaps the very wealthy.?
FINDLAW
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=10th&navby=case&no=029572
This may be as close I can come under the circumstances of finding
what you are looking for. While I have diligently tried, I have been
unable to find any opinion from a psychologist or other medical
professional that builds a case upon hardships in the way of a formal
study or researcher or even on an opinion on an individual case basis.
Tutuzdad-ga
Search terms:
MEXICO CHILDREN "APPLICATION FOR CANCELLATION"
?US CITIZEN CHILDREN? MEXICO
EXCEPTIONAL AND EXTREMELY UNUSUAL HARDSHIP
"CANCELLATION OF REMOVAL"
"BOARD OF IMMIGRATION APPEALS" CHILDREN HARDSHIPS
|
