The Department of Justice argued in its brief that the plaintiffs lack standing to challenge the regulations at issue. The Trump administration is correct. To sue, a plaintiff must suffer a cognizable injury and, in this case, the changes to the rules governing asylum do not harm the nonprofit organizations.
The nonprofit organizations attempt to skirt the standing rule by claiming that the revised rules will force them “to divert significant resources to, among other things, understanding the new policy,” and “educating and advising its staff, clients, and prospective clients” on the new policy. The plaintiffs also complain the new regulations will reduce their funding, which is partly based on the number of clients they serve. Neither of these claimed injuries are enough for standing.
Perhaps recognizing the weakness of their argument, in a brief filed late Friday, the ACLU changed its tack, arguing for the first time that it has “third party standing” to challenge the new regulations. The ACLU then pointed to plaintiff Al Otro Lado, which is providing “legal assistance and support to nine unaccompanied minors,” including five LGBT children from Honduras who “have legitimate asylum claims.”
http://thefederalist.com/2018/11/19/need-know-lawsuit-trumps-new-asylum-policies/
The nonprofit organizations attempt to skirt the standing rule by claiming that the revised rules will force them “to divert significant resources to, among other things, understanding the new policy,” and “educating and advising its staff, clients, and prospective clients” on the new policy. The plaintiffs also complain the new regulations will reduce their funding, which is partly based on the number of clients they serve. Neither of these claimed injuries are enough for standing.
Perhaps recognizing the weakness of their argument, in a brief filed late Friday, the ACLU changed its tack, arguing for the first time that it has “third party standing” to challenge the new regulations. The ACLU then pointed to plaintiff Al Otro Lado, which is providing “legal assistance and support to nine unaccompanied minors,” including five LGBT children from Honduras who “have legitimate asylum claims.”
http://thefederalist.com/2018/11/19/need-know-lawsuit-trumps-new-asylum-policies/