American Baptist Churches v. Thornburgh (ABC)[394] was a landmark lawsuit filed in part to correct the INS`s discriminatory practices in adjudicating Salvadoran and Guatemalan political asylum claims. Registration to participate in the case is closed. The settlement of this case has granted thousands of Salvadorans and Guatemalans the right to a new hearing and a new asylum decision before a newly trained asylum officer. This was open to people who had never applied for asylum, as well as people whose cases were heard before an immigration judge or on appeal to the BIA or a federal court. As long as a member of the ABC group is eligible and has registered with ABC, any existing asylum case is closed administratively so that the person can attend an ABC de novo asylum interview. If the person is refused asylum at this new hearing, the case will be reopened and on the basis of the procedural point he had reached before the hearing abc. If it is determined that an ABC Group member is not eligible for ABC benefits for a specific reason in comparison, the ABC Group member should consult with an experienced immigration lawyer to determine if there are reasons why they can successfully challenge this decision. The only criminal barrier to ABC`s benefits is conviction for a serious crime. Although DHS applies the same rule to members of group ABC regarding the date of sentencing as to other asylum seekers, the regulations did not take into account convictions until after November 18, 1988.

DHS will detain members of Group ABC convicted of a morally reprehensible crime for which the sentence imposed exceeded six months, constituting a threat to national security or constituting a threat to public safety. All other members of the ABC group must be released from the custody of DHS. The BIA has determined that a member of Group ABC who is not a serious offender or a particular public safety issue has the right to close deportation proceedings upon request under the Settlement Agreement. [396] For more information on ABC applications, see the discussion in K. Brady, Defending Immigrants in the Ninth Circuit § 11.16 (9th ed. 2007). Q: What is the ABC Settlement Agreement? A: In 1985, a group of organizations (including the American Baptist Churches) filed a lawsuit against the government. They claimed that the government had discriminated against some Guatemalans and Salvadorans who had applied for asylum. In 1990, lawyers for both parties to the trial agreed to settle the case amicably. The agreement they have entered into is commonly referred to as the « ABC Settlement Agreement ». The ABC settlement agreement provided certain immigration benefits for some Guatemalans and Salvadorans.

All settlement agreements approved by ABC`s Board of Directors are posted online. To find an agreement, search for the address of the authorized facility. The ABC Settlement Agreement expressly excludes the following registered members of the ABC Group from eligibility for ABC benefits: those convicted of serious crimes [as defined in INA § 101(a)(43)]; and those who were arrested while attempting to return to the United States after 19 December 1990. A settlement agreement is a contract between an ABC licensee and other parties that contains conditions to address neighbourhood concerns. Settlement agreements are voluntary and can be entered into at any time. CONSIDERING that the plaintiffs, many Salvadoran and Guatemalan citizens in the United States, filed this lawsuit. . among others, systemic challenges in processing asylum claims by Salvadorans and Guatemalans under the Refugee Act of 1980 and the regulations adopted therein; and CONSIDERING that the system for processing asylum applications has been implemented by regulations adopted on 1st. October 1990, and WHEREAS under the new And Old Asylum Regulations: foreign policy and border considerations are not relevant to determining whether a refugee claimant has a well-founded fear of persecution. the fact that a person is from a country whose government is supported by the United States or has a favourable relationship is not relevant to determining whether a refugee claimant has a well-founded fear of persecution. AND IN ,. .

. the Attorney-General may designate any foreign State (or part thereof) to grant temporary protection status to nationals of that State; Considering that Article 303 of the Immigration Act of 1990 designates El Salvador under Article 244A of the INA and that, therefore, Salvadorans who meet the requirements of Article 303 are entitled to temporary protection status. .