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Unfortunately, the famous cases are not typical. From
the moment most asylum seekers begin their flight from
persecution, they are focused on mere survival.36 They are
typically running away from personal danger and are primari-
ly concerned with saving their lives.37 When they arrive in
the United States, they often cannot express their fears of
persecution immediately or meet the application filing
deadline necessary for asylum protection. Because many
asylum seekers have been persecuted by their governments,
they genuinely fear government officials and are unable or
unwilling to tell the truth about their persecution to
anyone they do not know and trust, let alone a uniformed
official. Having been tortured or severely persecuted, many
suffer from mental disorders that impede their ability to
talk about what happened to them.
Moreover, those who travel without proper documents
often do so out of necessity because their governments,
which would normally grant them such documents, may also be
their persecutors. It is unrealistic to expect those people
to ask their government for travel documents so that they
can flee the country or to require them to show their own
passports to their persecutor at flight. Simply having such
documents with them would endanger their lives. Such facts,
discussed at greater length in the following
paragraphs,reveal that IIRIRA's apparently innocuous reforms
are quite harsh indeed.
Trauma of Persecution Is Overwhelming
Torture victims, commonly thought of as the most de-
serving asylum applicants, typically cannot speak about
their persecution for some time after arriving in the United
States. They may have great difficulty relating the details
of their persecution to their counsel or to U.S. authorities
until they have recovered from the trauma, sometimes months
or years after arriving in the United States. Many suffer
from severe memory loss, depression, unresponsiveness, mis-
trust, flashbacks, and physiological symptoms when recalling
the traumatic events.38 The symptoms are often so over-
whelming that they cloud the sufferer's ability to seek
asylum protection, primarily because he or she needs to
suppress memories of the episodes to recover from the trau-
ma.39 Women who have been beaten and raped as a form of
persecution may need months of therapy to enable them to
speak about the episodes. They typically mistrust others,