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12 Refugee Reports 1 (1991)

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                                         Reports


              A News Service of the U.S. Committee for Refugees
1025 Vermont Avenue NW, Suite 920 Washington. DC 20005 (202) 347-3507


Volume X11, Number 1


       NEW LEASE ON LIFE FOR SALVADORANS
          GUATEMALANS IN THE UNITED STATESri      -


After a decade of battles waged in Congress and the LAW
several important victories for Salvadoran and Guatemalan
asylum seekers were won in late 1990; the early weeks of 1991
have been devoted to implementing new procedures on their
behalf.
       The tide began to turn in July, when the Immigration
 and Naturalization Service (INS) came forward with final asy-
 lum regulations that created a corps of specialized asylum ad-
 judicators assigned exclusively to determine asylum claims
 (see Refugee Reports, Vol. XI, Nos. 3 and 7). The new asylum
 system, which began in October and will be fully in place by
 April, promises better trained asylum adjudicators who, an-
 swerable to the INS central office rather than the local district
 director, should demonstrate more nationwide consistency in
 approach.
      The next step took place on November 29, when Presi-
dent Bush signed the Immigration Act of 1990 into law (see
Refugee Reports, Vol. XI, Nos. 10 and 11). That reform of legal
immigration included a provision for temporary protected sta-
tus (rPS), filling a gap in the Refugee Act of 1980, which had
recognized refugees fleeing persecution, but failed to provide a
mechanism for protecting persons displaced by war and gener-
alized civil strife. The Immigration Act also specifically man-
dated that TPS be invoked on behalf of Salvadorans for an 18-
month period, starting at the beginning of 1990.
      Following on the heels of this legislative victory, the INS
agreed to settle a class-action suit challenging bias against Sal-
vadorans and Guatemalans in the asylum process. The suit,
American Baptist Churches v. Thornburgh (ABC), filed in May
1985, challenged some 150,000 asylum denials for Salvador-
ans and Guatemalans since 1980 (see Refugee ReportsVol. X,
No. 10).
      The settlement bars deportation for all Salvadorans
present in the United States as of September 19, 1990 and all
Guatemalans here as of October 1, 1990, until they have had a
completely new (de novo) adjudication of their asylum claims.
Persons convicted of aggravated felonies are ineligible.


                January 29, 1991


 IN THIS ISSUE:
 ,  Temporary safe haven has
ynally been achieved for Salva-
dorans with the promise that
they, and Guatemalans as well,
will have new asylum hearings
before a new group of asylum
adjudicators. Bill Frelick as-
sesses the impact of these
changes ................................. 1


0 Recent Developments

Refugee processing out of Sudan
cut off; food shortages re-
ported ................................... 8
UN prepares for new wave of
refugees in the Gulf ............. 9

* Update

Hmong asylum seekers f6rcibly
returned ............................ 10
Increasing numbers of Cambodi-
ans flee ............................  11
HIV removed from list of diseases
barring U.S. entry ............... 12

* Reader Exchange ....... 13

*  Resources ............... 14

*  Statistics ................. 16

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