Applying for Asylum with USCIS for Ms. L. Settlement Class Members
On Dec. 11, 2023, the U.S. District Court for the Southern District of California approved a class action settlement agreement (PDF) in Ms. L. v. ICE, 18-cv-00428 (S.D. Cal.) (“Settlement Agreement”). This lawsuit relates to families who were apprehended together by the U.S. government at the U.S.-Mexico border between Jan. 20, 2017 and Jan. 20, 2021, but were then separated and kept apart. For more information about the Settlement Agreement and who may qualify as a Ms. L. Settlement Class member, please visit www.together.gov/mslvice.
The Settlement Agreement provides benefits for Ms. L. Settlement Class members applying for asylum. To take advantage of these asylum-related settlement benefits, Ms. L. Settlement Class members must be in the United States and follow the instructions below in order to apply for asylum with USCIS using Form I-589, Application for Asylum and for Withholding of Removal, or to request reopening of a prior asylum application filed with USCIS. The process to follow will depend upon whether the class member previously applied for asylum with USCIS.
Please note that to be eligible to apply for asylum with USCIS, Ms. L. Settlement Class members must not currently:
- Be in removal proceedings or withholding-only proceedings before an immigration court;
- Have an expedited removal order or a reinstated order of removal issued by DHS; or
- Be in expedited removal proceedings or reinstatement proceedings with DHS.
However, Ms. L. Settlement Class members whose removal or withholding-only proceedings are dismissed or terminated by an immigration judge may then apply for asylum with USCIS or, if applicable, request reopening of a prior asylum application filed with USCIS. Similarly, if DHS cancels a Ms. L. Settlement Class member’s expedited removal or reinstatement proceedings, the Ms. L. Settlement Class member may apply for asylum with USCIS. Finally, if DHS rescinds a Ms. L. Settlement Class member’s expedited removal order or reinstated order of removal, the Ms. L. Settlement Class member may apply for asylum with USCIS or request reopening of a prior asylum application filed with USCIS. Ms. L. Settlement Class members must contact the Family Reunification Task Force at FRTF@dhs.gov to request cancellation of expedited removal or reinstatement proceedings or rescission of an expedited removal order or reinstated order of removal.
Deadlines
Ms. L. Settlement Class members must submit a Form I-589 to USCIS or submit a request to reopen a prior asylum application to USCIS by the deadline specified in the settlement agreement in order to be eligible for special processing under the settlement agreement. Filing deadlines are specific to each class member. Please see www.together.gov/mslvice and the settlement agreement for details.
What to Submit
When submitting your new Form I-589 or request to reopen a prior asylum application to USCIS, please:
- Include a copy of the email confirmation of class membership received from the Family Reunification Task Force after registering on together.gov or juntos.gov;
- Write or type “Ms. L. Settlement Class Member” on the envelope – do not include any information that can be used to identify you on the outside envelope of your submission; and
- Follow the instructions below for where to file.
If submitting a new Form I-589, you must also properly file by following the form instructions (PDF, 143.49 KB).
Where to File
Ms. L. Settlement Class members who have never previously had a Form I-589 pending with USCIS: You may apply for asylum with USCIS using a paper Form I-589 according to the existing Form I-589 filing instructions for mailing an application to the right Lockbox. This includes Ms. L Settlement Class members who may have filed an asylum application with the immigration court while in removal proceedings and later had their removal proceedings dismissed or terminated. The Lockbox for mailing your paper Form I-589 is based on your current residence. Do not file your Form I-589 online.
Ms. L. Settlement Class members who have applied for asylum with USCIS before, but the application was referred or transferred to the immigration court, was denied by USCIS, or was administratively closed by USCIS before Dec.11, 2023: If you applied for asylum with USCIS before Dec. 11, 2023 (the Effective Date of the Settlement Agreement), and your application was referred or transferred to the immigration court, denied, or administratively closed by USCIS, you must request that USCIS reopen that application. To do so, write to the Asylum Office with jurisdiction over your current residence, and request that the office reopen your asylum application. To determine which is the correct asylum office for your current residence, use the USCIS Asylum Office Locator Tool.
Ms. L. Settlement Class members whose asylum applications were referred or transferred to the immigration court by USCIS must have their removal proceedings terminated or dismissed before requesting that USCIS reopen their asylum application. Please note, the office with jurisdiction over your current residence may be a different Asylum Office from the one that reviewed your prior asylum application.
Ms. L. Settlement Class members with a pending Form I-589 with USCIS as of Dec. 11, 2023: If you applied for asylum with USCIS before Dec.11, 2023, and USCIS has not made a decision on your application, you do not need to take additional steps to identify yourself to USCIS as a Ms. L. Settlement Class member if you have already registered on together.gov or juntos.gov and the Family Reunification Task Force has confirmed your class membership. If the Family Reunification Task Force has already confirmed your class membership, USCIS will identify your pending application for processing under the Settlement Agreement as appropriate.
Additional Resources