If it is found that a Class ABC member is not entitled to ABC benefits because of a particular reason for comparison, the Class ABC member should consult with an immigration lawyer to determine if there are reasons why he or she can successfully challenge this decision. American Baptist Churches v. Thornburgh (ABC) Settlement Agreement was a class action between a class of Guatemalan and Salvadoran nationals and the United States government, which is at American Baptist Churches v. Thornburgh, 760 F. Supp. 796 (N.D. Cal. 1991) [PDF version] January 31, 1991. Registered members of Class ABC who still wish to apply for asylum have the right to do so.
ABC asylum applications are decided in accordance with the rules that existed in 1990 at the time of the ABC and not according to the current asylum rules. USCIS finds that one of the main differences between the 1990 asylum law and the current asylum law is the requirement under the 1990 rules for an asylum official to send a non-asylum claimant a notification containing the reasons for ineligibility. Upon receipt of such notification, an applicant shall have a specified period within which he or she may reply before taking a final decision on the application for asylum. During the proceedings for American Baptist Churches v. Thornburgh, which began in 1985 [the case was originally American Baptist Churches of the U.S.A. v. Meese], a judge who confirmed as a plaintiff to a class of Guatemalan and Salvadoran nationals, who claimed that the Immigration and Naturality Service (INS) [now United States Citizenship and Immigration Services (USCIS), the Executive Office of Immigration (EOIR) and the Ministry of Foreign Affairs (DOS) had discriminated against Guatemalan and Salvadoran asylum claims. In 1990, the government entered into an agreement (abc-transaction) with the lawyers who represented the plaintiffs, and this transaction was approved in American Baptist Churches v. Thornburgh. Q: What is the ABC Transaction Agreement? A: In 1985, a group of organizations (including the American Baptist Churches) filed a lawsuit against the government. They claimed that the government discriminated against some Guatemalans and Salvadorans who had applied for asylum.
In 1990, lawyers for both sides agreed on the out-of-court settlement of the case. The agreement they have reached is generally known as the “ABC Settlement Agreement”. The ABC comparison agreement has allowed some Guatemalans and Salvadorans to enjoy certain immigration advantages. However, a member of Class ABC must have registered within the time limits indicated in comparison in order to be entitled to benefits under the ABC comparison. . . .