4.20 - ABC Settlement

(a) ABC Class Members

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]

(b) Certain El Salvador and Guatemala Nationals

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).

To qualify for NACARA relief as a Salvadoran or Guatemalan national, the applicant must have either:

    (1) filed an application for asylum on or before April 1, 1990; or

    (2) registered for benefits under American Baptist Churches v. Thornburgh, 760 F. Supp. 796 (N.D. Cal. 1991) and not been apprehended at the time of entry if such entry occurred after December 19, 1990. 8 C.F.R. § 1240.61(a)(1)-(2).

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).

(c) Board role

The BIA will not evaluate whether a class member is eligible for a de novo asylum adjudication before an Asylum Officer. Rather, DHS/USCIS is assigned the role of making substantive determinations of an alien's eligibility.

(d) Decision and Disposition Codes

When a case is administratively closed pursuant to the ABC Settlement Agreement, staff should select the ABC decision code on the back of the relevant circulation sheet.

^[1] Administrative closure was expressly authorized for certain ABC class members in order to implement the ABC settlement agreement and provide such class members the opportunity to exercise their rights under the agreement. See 8 C.F.R. §§ 1240.62(b) and 1240.70(f)-(h); ABC, 760 F. Supp. At 805; Matter of Castro-Tum, 27 I&N Dec. 271, 276–77 (2018).