"Washington Post Reports: Migrant Children's Therapy Records Exploited"
In the United States, the confidentiality of therapy sessions for migrant children in government custody is intended to be protected, as outlined by ethical and legal standards. However, the sharing of therapy notes with federal agencies like Immigration and Customs Enforcement (ICE) is a complex and controversial issue, as demonstrated by the case of 19-year-old Kevin Euceda, a migrant from Honduras.
Kevin, who sought asylum in the U.S. in 2017, was taken to talk to a therapist as part of the intake process. However, his therapy notes were later handed over to a judge during a court hearing, leading to cross-examination by an ICE attorney. This disclosure was met with shock and betrayal by many therapists, who view the sharing of confidential information without consent as a breach of trust and a potential exploitation issue.
The Department of Health and Human Services (HHS), through the Office of Refugee Resettlement (ORR), is responsible for the care of unaccompanied migrant children in the U.S. ORR policies prioritise child welfare and have mandates for confidentiality in services provided, including legal and counseling services.
However, while HHS and ORR strive to protect children’s privacy, there is no explicit public policy that entirely prohibits sharing information with ICE or other federal agencies, especially if there are legal or safety concerns. The sharing of therapy notes specifically is ethically sensitive, and formal agreements or policies typically govern such disclosures.
Advocacy and legal groups note that children’s welfare and confidentiality should be prioritised, and transparency about privacy rights is vital. The system’s oversight sometimes falters, and allegations of abuse in migrant shelters highlight ongoing challenges in protecting children’s rights and privacy.
In the case of Kevin Euceda, his therapy notes were used against him during his first court hearing, leading to his prolonged detention. The therapist who worked with Kevin claims she had no idea her notes on him were being sent to ICE. Last year, the U.S. held a record number of migrant children in custody.
The Trump administration started changing the mission of therapy for migrant children in 2017, focusing on finding criminal history. This shift has raised concerns among mental health professionals about the potential impact on children's mental health and their willingness to seek help. Some therapists are grappling with whether they can justify staying in the system, where kids need help, despite making promises of confidentiality they can't keep.
Kevin, who was found by Border Patrol and was later turned over to the Office of Refugee Resettlement, has been granted release twice, asylum, and certified as a human trafficking victim, but remains in detention. His case serves as a stark reminder of the complexities surrounding the confidentiality of therapy sessions for migrant children in U.S. custody.
- The governmental body responsible for the care of unaccompanied migrant children, the Office of Refugee Resettlement (ORR), prioritizes child welfare and emphasizes confidentiality in services provided, including legal and counseling services.
- The sharing of confidential therapy notes with federal agencies like Immigration and Customs Enforcement (ICE) is a sensitive issue, as demonstrated by the case of 19-year-old Kevin Euceda, a migrant from Honduras, whose therapy notes were used against him during a court hearing.
- Mental health professionals are concerned about the potential impact of political changes on the mission of therapy for migrant children, as the Trump administration's focus on finding criminal history may deter children from seeking help for fear of breaching confidentiality and potentially worsening their mental health.
