| The term "ABC Settlement" is a term used when referring to certain asylum claims. In 1985, a class action lawsuit was filed against several federal agencies, including Immigration and Naturalization Service (INS - which is no longer in existence and has been replaced with various other federal agencies). The plaintiffs were religious and refugee advocacy organizations, and the abbreviation for the first named plaintiff was "ABC." The organizations filed the action on behalf of certain Guatemalan and Salvadoran nationals, alleging that the asylum claims of those nationals had been handled in a discriminatory way. Guatemalan and Salvadoran nationals who had been physically present in the United States since specified dates in 1990 were defined as the class members. When the lawsuit was eventually settled, it became known as "the ABC Settlement."
Benefits
The settlement provided certain benefits for the members of the class action. A class member was entitled to a "stay of deportation" (which term has since been changed to a "cancellation of removal") until the class member had the chance to obtain all benefits from the settlement. These other benefits included a new asylum interview, conducted under a de novo standard, which meant that decisions in the prior asylum interview would not be considered. In addition, while new asylum proceedings were pending, the class members could only be detained if they were convicted of certain crimes, posed a national security risk, or were a threat to the safety of the public. Finally, the class members were entitled to have their applications for employment authorization reviewed under a more lenient standard.
Eligibility
To be eligible for the benefits of the ABC Settlement, a person must be a class member, must register for the benefits as directed in the settlement terms, and must have applied for asylum by the date stated in the settlement. In addition, even if a person meets those threshold eligibility requirements, the person is not eligible for benefits if he or she has been convicted of an aggravated felony as defined in the Immigration and Naturalization Act (INA) or has been apprehended at a U.S. border after December 19, 1990, while trying to enter illegally. Dependents of an ABC class member are not automatically eligible for benefits.
Procedure
As stated above, to obtain the benefits of the ABC Settlement, eligible class members must register for the benefits. To register, a class members sends an ABC registration form to the INS (and now the U.S. Customs and Immigration Service (USCIS)). USCIS then schedules the ABC class member for a new asylum interview. The interview process is ongoing.
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