An Arizona federal judge approved the use of psychological exams of asylum-seeking migrant parents who are suing the U.S. government for damages due to separation from their children. The group primarily is bringing legal action due to actions at the southwestern U.S. border.

The group of migrant parents stated they do not believe the psychological exam is required during the discovery phase of the lawsuit. Per the parents, evidence of the mental trauma has been submitted. The evidence includes the findings from mental health exams taken while in detention, testimony at depositions, and forensic psychiatrists used by the government. However, the federal judge found that the government is not required to use the families’ testimony or reports from government experts as submitted. The judge stated that the U.S. government should be given the option to use an expert to determine the plaintiffs’ mental health, particularly when suing for monetary damages for ongoing and permanent injury.

The lawsuit was filed in 2019. In the suit, monetary damages are sought on the basis that the Trump administration’s policy of separating families at the border caused intentional distress with ongoing complications. The families further claim that the government delayed their requests for psychological exams, changing their reasoning for requiring the exams. However, the judge found otherwise, finding the government acted promptly upon receipt of the families’ expert psychiatrist.

The judge specified the arrangements for the psychological exams. They should be conducted in the families’ preferred location if possible and should last no longer than eight hours. The government has 60 days to complete all psychological exams of the families involved in the lawsuit.

If you have questions about asylum or any other immigration-related issue, contact us at ILBSG. We actively monitor ongoing updates to legal requirements to ensure our clients get the right advice for their particular situations.

asylum