Information for ASAP members about lawsuits
If the U.S. government tries to change a law in a way that will harm asylum seekers, one of the ways that ASAP can fight back is by filing a lawsuit on behalf of members.
What does it mean to file a lawsuit “on behalf of” members?
Because ASAP is a membership organization, ASAP can sue the U.S. government on behalf of members if the government makes changes to the law that violate the rights of immigrants. ASAP can explain to a judge in federal court why a proposed change would harm ASAP members. ASAP can ask the judge to stop the change from happening.
Filing a lawsuit on behalf of members in this way is called “associational standing.” Associational standing is very powerful. It can be much harder for non-membership organizations and individuals to file lawsuits that prevent the government from changing a law.
How does ASAP decide to file a lawsuit?
ASAP focuses our advocacy on the top priorities of members. Before we file a specific lawsuit, ASAP will ask members to vote on whether they want to file the lawsuit. If a majority of those members vote yes, then we will move forward.
What do I have to do if ASAP files a lawsuit?
Nothing. While some members may volunteer to participate, no members will be required to participate in the lawsuit. ASAP will not share the names of any individual members with the government, unless we have permission from the member. No ASAP member will be required to complete any documents or appear for any government or court interviews or hearings.
What are the benefits of ASAP filing a lawsuit on behalf of members?
Filing a lawsuit can have major benefits. For example, a judge might decide that the group that filed the lawsuit can benefit from a “better” version of the law for months or years, while everyone else cannot. This is what happened in the ASAP lawsuit about work permits in 2020: members of ASAP could still apply for work permits while other asylum seekers could not.
What are the costs of filing a lawsuit?
Filing a lawsuit takes time and money for the organization. For example, it costs money for ASAP’s staff to prepare documents for a lawsuit and to keep members updated. Many people outside of ASAP may disagree with the lawsuit. These people could say negative things about ASAP online or even try to steal the organization’s data. However, please know that ASAP is very committed to protecting our members. We take a large number of security precautions to protect members’ identity and other personal information.
What information will ASAP share with the government if we file a lawsuit?
If ASAP files a lawsuit, we will need to share general information about the organization. For example, we would share anonymous information about members, and explain that we provide members with monthly updates. But we will never share the personal details of any ASAP member with the government, such as a member’s name, without specific permission from the member.
We will also likely ask ASAP members if they want to share how the policy changes would harm them or their family. Sharing personal stories is an important part of how ASAP members can support the lawsuit. But each ASAP member can decide if they want to volunteer, and no member will be required to do so.
After ASAP files a lawsuit, what happens next?
After ASAP files a lawsuit against the U.S. government, the government has a chance to respond.
During the lawsuit, ASAP will keep members updated by text message and email about the progress of the lawsuit. If there are major decisions, we may ask members to share their opinions about what ASAP should do if they are interested. If there are opportunities for members to listen to court hearings for the lawsuit, we will share that information so members can decide if they want to listen. And if there are opportunities to speak about the lawsuit publicly with the media, ASAP will ask members if they are interested.
Has ASAP filed a lawsuit on behalf of the members before?
Yes! In 2020, the government tried to prevent asylum seekers from accessing work permits. At that time, ASAP had about 5,000 members. Those members voted to file a lawsuit to try to stop the work permit changes from happening.
In September 2020, a judge agreed to block the work permit changes – but only for members of ASAP and another organization called CASA. For over a year, asylum seekers needed to show their ASAP membership card to apply for a work permit. ASAP’s membership started to grow quickly, and the lawsuit helped over 150,000 ASAP members receive work permits! You can read more about the CASA lawsuit here.