The American Immigration Law Foundation ("AILF") and the Immigration and Naturalization Service ("INS") have reached a final agreement to settle Escutia v. Reno, No. SA CV 00-841-AHS (ANx) (C.D. Cal., filed August 25, 2000). AILF, along with the Immigrant Legal Resource Center ("ILRC") and the National Immigration Law Center (NILC"), filed this class action litigation to challenge the INS's failure to timely adjudicate applications for employment authorization and extended voluntary departure filed by Family Unity beneficiaries - the spouses and children of those who became permanent residents under Immigration Reform and Control Act ("IRCA").

The settlement requires the INS California Service Center ("CSC") to:

• Adjudicate applications for employment authorization renewals for Family Unity beneficiaries within 90 days;
  
  
• Devote an average of at least 16 hours per business day to the adjudication of first-time applications for Family Unity benefits;
  
  
• Report the number of Family Unity applications adjudicated by CSC every quarter to Plaintiffs' counsel; and
  
  
• Establish a point of contact at CSC for inquiries or complaints by individual class members about the status of their Family Unity applications.
  
  In addition, the INS agreed to issue a policy memorandum that:
  
  
• Clarifies the INS's position on accrual of time in unlawful presence while Family Unity applications are pending; and
  
  
• Reminds INS District Offices and District Counsels that they may, as a matter of prosecutorial discretion, refrain from instituting removal proceedings or agree to administrative closure of removal proceedings against Family Unity applicants.
  
  Click here for the full Settlement Agreement .  Click here to see the Court's Order Approving the Settlement Agreement.

This page last updated November 22, 2002.