American Baptist Churches v. Thornburgh Settlement: Asylum and NACARA

The American Baptist Churches v. Thornburgh settlement, reached in 1990, requires the federal government to give eligible Salvadorans and Guatemalans a fresh asylum decision that ignores any earlier denial. Class members can stay in the country while their claim is pending and can apply for a work permit in the meantime. The agreement resolved a 1985 lawsuit alleging that asylum seekers from El Salvador and Guatemala had been denied at higher rates than applicants from other countries.1USCIS. American Baptist Churches v. Thornburgh (ABC) Settlement Agreement

Who Qualifies as an ABC Class Member

Class membership turns on when a person entered the United States and whether they registered during the original sign-up windows in the early 1990s.2EOIR. Immigration Court Practice Manual – Section: 7.5

  • Salvadorans must have entered the U.S. on or before September 19, 1990, and registered for ABC benefits or Temporary Protected Status by October 31, 1991.
  • Guatemalans must have entered on or before October 1, 1990, and registered for ABC benefits by December 31, 1991.

Meeting the dates is not enough on its own. A person apprehended at entry after December 19, 1990, is generally ineligible, and a conviction for an aggravated felony is disqualifying. Eligibility also depends on having filed an asylum application by the applicable cutoff.1USCIS. American Baptist Churches v. Thornburgh (ABC) Settlement Agreement2EOIR. Immigration Court Practice Manual – Section: 7.5

What Class Members Receive

The central benefit is a new asylum interview and a fresh decision. The asylum officer’s determination does not have to follow or rely on any earlier denial, so the claim is evaluated on its own merits under the rules that applied in 1990.1USCIS. American Baptist Churches v. Thornburgh (ABC) Settlement Agreement

While the case is pending, the government generally grants a stay of deportation or removal, allowing the applicant to remain in the country. A class member with a pending asylum application can also file Form I-765 to request a work permit for the adjudication period.1USCIS. American Baptist Churches v. Thornburgh (ABC) Settlement Agreement3USCIS. Asylum Applicants Can Now File Form I-765 Online

Filing the Asylum Claim

The claim itself moves forward on Form I-589, the Application for Asylum and for Withholding of Removal. Salvadoran class members who had not already filed were required to submit a completed application by January 31, 1996, to keep their eligibility for settlement benefits. Having that application on file is what preserves the protections and supports a work-permit request.4Federal Register. 61 FR 3020

Applicants also have to show they belong to the class. That typically means producing documentation of ABC registration or a TPS application from the original registration period, such as receipts or official notices from the government. After the paperwork is submitted, the applicant should receive a written notice confirming the case is in the system, and later a notice scheduling the interview.5Federal Register. 60 FR 35424 Following every instruction in those notices, including appointments for fingerprints and biometrics, keeps the case on track.

Moving From ABC Protection to Permanent Status Through NACARA

Registration under ABC is one of the main gateways to relief under Section 203 of the Nicaraguan Adjustment and Central American Relief Act. NACARA offers a path to permanent residency that many class members find more accessible than pursuing asylum alone.2EOIR. Immigration Court Practice Manual – Section: 7.5

To qualify for NACARA relief, an applicant must show:6USCIS. NACARA 203 Eligibility – Section: Suspension of Deportation or Special Rule Cancellation of Removal

  • Continuous physical presence in the United States for at least seven years.
  • Good moral character during that seven-year period.
  • That deportation would cause extreme hardship to the applicant or to a close family member who is a U.S. citizen or permanent resident.

The application is filed on Form I-881, with filing fees that differ depending on whether the case is filed with the immigration court or with U.S. Citizenship and Immigration Services. A grant under NACARA moves a class member beyond the temporary protections of the ABC settlement into permanent status.7USCIS. Form I-881