What is the ABC settlement agreement?
Thornburgh (ABC) Settlement Agreement was a class action settlement between a class of Guatemalan and Salvadoran nationals and the United States Government rendered in American Baptist Churches v. Thornburgh, 760 F. Supp. 796 (N.D. Cal. 1991) [ PDF version] on January 31, 1991.
Are Salvadorans eligible for the ABC settlement?
However, an ABC class member must have registered by the deadlines specified in the settlement in order to be eligible for benefits under the ABC settlement. A Salvadoran must either have properly submitted an ABC registration form before October 31, 1991, or have applied for temporary protected status (TPS) on or before the same date.
What is the American Baptist Churches v Thornburgh settlement agreement?
American Baptist Churches v. Thornburgh (ABC) Settlement Agreement Q: What Is the ABC Settlement Agreement? A: In 1985, a group of organizations (including American Baptist Churches) filed a lawsuit against the government. They claimed that the government discriminated against certain Guatemalans and Salvadorans who had filed for asylum.
What happens if an ABC class member is granted NACARA suspension of deportation?
If an ABC class member is granted NACARA suspension of deportation or special rule cancellation of removal, his or her status will be adjusted to lawful permanent resident (LPR).
Who is covered by the ABC Settlement Agreement?
Members of the class covered by the ABC Settlement Agreement, who timely registered to receive benefits under the agreement (either by applying directly or by applying for TPS, if Salvadoran) may be entitled to certain rights and benefits pursuant to the agreement. See American Baptist Churches v. Thornburgh, 760 F. Supp. 796 (N.D. Cal. 1991). ABC class members include Salvadorans who entered the United States on or before September 19, 1990, and Guatemalans who entered the United States on or before October 1, 1990. [1]
When did Salvadoran nationals apply for ABC benefits?
A Salvadoran national is considered to have registered for ABC benefits if he or she entered the United States on or before September 19, 1990, and either applied for temporary protected status on or before October 31, 1991, or submitted an ABC registration form on or before October 31, 1991. Id. § 1240.60 (1). A Guatemalan national is considered to have registered for ABC benefits if he or she entered the United States on or before October 1, 1990, and submitted an ABC registration form on or before December 31, 1991. 8 C.F.R. § 1240.60 (2).
What is Section 203 of the Nicaraguan Adjustment and Central American Relief Act?
Section 203 of the Nicaraguan Adjustment and Central American Relief Act (“NACARA”) provides that certain nationals of El Salvador and Guatemala are eligible to apply for suspension of deportation, or NACARA cancellation, under standards similar to those in effect prior to the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”). Pub. L. No. 105-100, 111 Stat. 2160 (1997).
What happens if USCIS determines that an ABC class member would otherwise have been eligible for ABC benefits?
If USCIS determines that an ABC class member would otherwise have been eligible for ABC benefits but for one of those two grounds, it will send a letter explaining that the ABC class member has been found to be ineligible for ABC benefits.
Who is excluded from ABC benefits?
The ABC settlement agreement explicitly excludes the following registered ABC class members from eligibility for ABC benefits:#N#Those who have been convicted of aggravated felonies [as defined in INA § 101 (a) (43)]; and#N#Those who were apprehended when attempting to reenter the United States after December 19, 1990.
What are the benefits of ABC class?
The main benefits today for registered ABC class members are the ability to apply for asylum under the rules that existed in 1990, and eligibility for NACARA suspension of deportation and special rule cancellation of removal. If a registered ABC class member is considering seeking either form of relief, he or she should consult with an experienced immigration attorney for a full evaluation of the situation and a proper assessment of which course of action is best for obtaining relief with the special benefits afforded to ABC class members.
How long does it take for an ABC class to get an employment authorization?
USCIS is required to make a final determination on the employment authorization application within 60 days, and if no such determination is made within that period, the ABC class member is entitled to immediate employment authorization.
What to do if an ABC class member is ineligible for benefits?
If an ABC class member is found to be ineligible for ABC benefits based on a specific ground in the settlement, the ABC class member should consult with an experienced immigration attorney to determine if there are any grounds under which he or she may be able to successfully contest that determination.
Can you file for asylum in the ABC?
Registered ABC class members who still wish to file for asylum are entitled to do so. ABC asylum applications will be adjudicated under the rules that existed in 1990 at the time of the ABC settlement, rather than under the current asylum rules. USCIS notes that a major difference between the 1990 asylum rules and the current asylum rules is that, under the 1990 rules, an asylum officer is required to send an applicant determined to be ineligible for asylum a notice of the containing the reasons for ineligibility. After receiving such a notice, an applicant has a certain period of time in which to respond before a final decision on the asylum application is rendered.
When did the government settle the American Baptist Churches v. Thornburgh case?
The government reached a settlement (ABC settlement) with the attorneys representing the plaintiffs in 1990, and that settlement was approved in American Baptist Churches v. Thornburgh.
Summary
A coalition of religious and refugee assistance organizations filed suit to challenge the federal government’s denial of asylum applications from Salvadorans and Guatemalans fleeing violence during the 1980s. Under the Reagan administration, these asylum seekers were largely categorized as “economic refugees ” and provided no protection.
Source
AMERICAN BAPTIST CHURCHES, et al., Plaintiffs, v. Richard THORNBURGH, et al., Defendants.
What is the ABC settlement agreement?
The ABC settlement agreement restricts the BCIS ‘ detention authority over eligible class members. According to the settlement agreement, an eligible class member may be detained only under the following circumstances:
What is the ABC settlement?
The ABC settlement, the procedures for making the asylum determination are governed by the 1990 asylum regulations, which are different from the current asylum regulations, as well as special procedures explained in the settlement agreement itself. May 10, 2010 - PRLog -- In 1985, a group of religious organizations and refugee advocacy ...
What is a de novo asylum decision?
A de novo asylum interview and decision means a new interview and decision, irrespective of any prior decisions on the asylum claim. This means that, even if an ABC class member who is eligible for ABC benefits was denied asylum before ...
How long does it take to get an ABC approval?
A request for employment authorization made by a class member eligible for ABC benefits must be decided within 60 days of filing. If the request is not adjudicated within 60 days of filing, the applicant is entitled to immediate employment authorization.
What is the 1990 law on asylum?
In particular, the 1990 regulations require an asylum officer to send any applicant found ineligible for asylum a notice explaining the reasons why the applicant has been found ineligible. The applicant then is given a period of time to respond before a final decision is made on his or her asylum application.
What is non-frivolous in ABC?
Class members who are eligible for ABC benefits and who apply for asylum and employment authorization are entitled to employment authorization without regard to the “non-frivolous” standard that was required under the 1990 regulations, if they pay a fee generally applicable to employment authorization applications. If no fee is paid, the request is decided under the “non-frivolous” standard.
What is an ABC class member?
ABC class members are defined as: All Guatemalans physically present in the United States on or before October 1, 1990. Continuous presence in the United States before or since these dates is not required.
What were the abuses of Salvadoran migrants?
Among these abuses was the detention of Salvadoran migrants without informing them of their rights to apply for asylum, as well as pressuring them to sign papers for their voluntary departure, many times when the migrants did not understand what they were signing. Other instances also involved excessive force, providing false information, and threatening detainees who refused to sign with punishment. This became important evidence to the arguments of discrimination, strengthening the case of the plaintiffs against the existing failures of INS.
How long did it take for the INS to settle?
Settlement. After five years , a settlement was finally reached between the plaintiffs and for the most part, INS. Reasons for this were likely that litigation over the five years had been very expensive and that continuing on to a trial would have been even more expensive.
How many deaths did the Guatemalan Civil War cause?
For both Guatemala and El Salvador, this meant two civil wars that together, reached an estimated 275,000 deaths; 200,000 in Guatemala, and 75,000 in El Salvador. Although this spanned thirty six years for Guatemala, with the beginning of the Guatemalan Civil War in 1960, the period of the greatest violence for Guatemala began in the 1980s, under the leadership of figures like Efrain Rios Montt. This period was also one of intense violence in El Salvador, with the Salvadoran Civil War officially beginning in 1980 and ending in 1992. Both countries, experiencing stark poverty and political repression, similarly experienced the use of militarily trained “death squads”, forced disappearances, the formation of guerrilla resistance movements, and massacres such as El Mozote in El Salvador and the genocide of indigenous Mayans in Guatemala. Under these conditions, there was a spike in migration from Central America to the United States, notably from El Salvador and Guatemala, which had not previously experienced large-scale migration to the United States.
Where did the migration from Central America come from?
Under these conditions, there was a spike in migration from Central America to the United States, notably from El Salvador and Guatemala, which had not previously experienced large-scale migration to the United States.
Who signed the Immigration and Nationality Act?
Directly related to the issue of discrimination was the recent passage of the Refugee Act of 1980, an amendment to the Immigration and Nationality Act and the Migration and Refugee Assistance Act that was introduced to the Senate by Senator Ted Kennedy and signed by President Jimmy Carter.
Introduction
- The American Baptist Churches v. Thornburgh (ABC) Settlement Agreement was a class action settlement between a class of Guatemalan and Salvadoran nationals and the United States Government rendered in American Baptist Churches v. Thornburgh, 760 F. Supp. 796 (N.D. Cal. 1991) [PDF version] on January 31, 1991. During the proceedings for American Bap...
Class Membership and Registration For ABC Benefits
- ABC class members are: Salvadorans who were physically present in the United States on or before September 19, 1990; and Guatemalans who were physically present in the United States on or before October 1, 1990. Note that continuous physical presence in the United States since those dates is not required to be an ABC class member. An ABC class member may depart the …
Bars to ABC Benefits For Registered Class Members
- The ABC settlement agreement explicitly excludes the following registered ABC class members from eligibility for ABC benefits: Those who have been convicted of aggravated felonies [as defined in INA § 101(a)(43)]; and Those who were apprehended when attempting to reenter the United States after December 19, 1990. If USCIS determines that an ABC class member would …
Detention Restrictions
- Registered ABC class members are generally precluded from being put into detention by USCIS. In accordance with the settlement, there are three specific cases in which USCIS may detain a registered ABC class member: The ABC class member has been convicted of a crime involving moral turpitude and sentenced to more than six months' imprisonment; or The ABC class memb…
Filing For Asylum
- Registered ABC class members who still wish to file for asylum are entitled to do so. ABC asylum applications will be adjudicated under the rules that existed in 1990 at the time of the ABC settlement, rather than under the current asylum rules. USCIS notes that a major difference between the 1990 asylum rules and the current asylum rules is that, under the 1990 rules, an as…
Advice
- The main benefits today for registered ABC class members are the ability to apply for asylum under the rules that existed in 1990, and eligibility for NACARA suspension of deportation and special rule cancellation of removal. If a registered ABC class member is considering seeking either form of relief, he or she should consult with an experienced immigration attorney for a full …
Resources and Materials
- “American Baptist Churches v. Thornburgh (ABC) Settlement Agreement,” USCIS, October 28, 2008, available at http://www.uscis.gov/laws/legal-settlement-notices/american-baptist-churches-v-thornburgh-abc-settlement-agreement [link] “Nicaraguan Adjustment and Central American Relief Act (NACARA) 203: Eligibility to Apply with USCIS,” July 15, 2015, available at http://www.…