USCIS Settles Class Action Lawsuit over Asylum Determination Delays

Last week, the U.S. Citizenship and Immigration Services settled a class action lawsuit filed by immigrants who fear persecution in their country of origin over processing delays by the agency.

Lead plaintiffs, citizens of El Salvador, Honduras and Mexico, alleged in their class action lawsuit filed in July 2014 that USCIS unfairly delayed interviews in “reasonable fear” determination proceedings for immigrants who are set to be deported but indicate they fear persecution in their home country.

According to the plaintiffs, reasonable fear determinations are vitally important to some immigrants to avoid deportation and under the procedure those immigrants should be referred to an asylum officer to review their claim. The officer reviews the immigrant’s claim that they will face persecution and should be granted asylum, and if the officer agrees, the claim can go to an immigration judge who can stop the immigrant’s deportation. The plaintiffs alleged in their class action lawsuit that regulations require this process to be completed within 10 days, but it is rarely done within this time frame.

According to settlement documents, USCIS has agreed to make determinations on reasonable fear claims within an average of 10 days all over the nation. The settlement, which is still subject to court approval, ensures that immigrants who fear persecution in their home countries are “promptly” referred to an asylum office that will make a reasonable fear determination. According to settlement documents, USCIS and other government agencies will also ensure that Class Members’ reasonable fear determinations will not take longer than 20 days.

The settlement agreement will come into effect quickly if and when it is approved by the California federal court. Government officials must meet the 10 day average for making such determinations by Nov. 2, or 30 calendar days after the court approves the deal, whichever is later.

USCIS will also be required to provide monthly reports on pending and completed reasonable fear cases, according to the class action settlement documents.

According to the plaintiffs, the settlement is “both fair and reasonable” and would “result in substantial improvements in the reasonable fear determination process.”

Last July, USCIS and other government agencies argued that the class action lawsuit should be dismissed. Their motion to dismiss was rejected by U.S. District Judge Yvonne Gonzalez Rogers. Judge Rodgers also decided to certify the proposed Class under the Administrative Procedures Act.

The immigrant plaintiffs are represented by Michael Kaufman, Carmen G. Iguina, Ahilan T. Arulanantham and Julia Harumi Mass of the American Civil Liberties Union, Charles Roth and Claudia Valenzuela of the National Immigrant Justice Center and James A. Rolfes, David Z. Smith, Timothy R. Carraher, Christopher R. Murphy and John D. Pingel of Reed Smith LLP.

The Delay in Asylum Class Action Lawsuit is Garcia v. Johnson, Case No. 4:14-cv-01775, in the U.S. District Court for the Northern District of California.