USCIS offers special asylum option for migrants separated at border

The U.S. Citizenship and Immigration Services (USCIS) has established a special pathway for certain migrants who were separated from their families at the U.S.-Mexico border during the Trump administration to apply for asylum or reactivate prior immigration proceedings. This new mechanism is a result of the "Ms. L. v. ICE" class-action lawsuit settlement, approved by a federal court in December 2023.

The settlement provides procedural advantages to individuals detained and subsequently separated from loved ones at the southern border between 2017 and 2021. Eligible members of this class-action group can now file Form I-589, Application for Asylum and Withholding of Removal, or seek to reopen previously closed immigration cases related to protection.

However, USCIS clarifies that individuals seeking to use this special process must not have active immigration court proceedings or existing expedited removal orders from the Department of Homeland Security. To qualify, applicants must provide documentation confirming their membership in the class action. This includes a confirmation email from the Family Reunification Task Force after enrolling on the government platform Together.gov.

USCIS requires that the submission envelope be marked "Ms. L. Settlement Class Member" and specifies that all related submissions must be sent via postal mail. Applications submitted digitally for this specific program will be rejected. The resolution also addresses individuals who had already filed an immigration petition before December 11, 2023, with provisions for reopening certain cases transferred to immigration courts, denied, or administratively closed.