The Tony N. Lawsuit - Asylum Seeker Advocacy Project (ASAP)

Last updated May 4, 2022

May 4, 2022 Update: Great news! Work permits for many asylum seekers are now valid for 540 days after the expiration date! Thank you to all of the ASAP members who fought for this change! You can read more at this page.

“Because of the government’s delay in processing my work permit renewal, my patients are left without their therapist, my family is left without its main source of support, and I am left helpless until my work permit is renewed. I hope this injustice can be made right through this lawsuit—and that no other asylum seeker will face the uncertainty and instability I have felt waiting for my ability to work to be restored.”

— Dayana Vera de Aponte, Plaintiff and ASAP Member

Case summary
In the news
Case documents and timeline
Common questions about the Tony N. lawsuit
More information about renewal delays

Case summary

Over the last year, ASAP members have made it clear that : (1) receiving work permits faster is one of their top priorities, and (2) many members are experiencing long delays in renewing their work permits. In November 2021, ASAP members sued the government to demand an end to the long delays in processing asylum seekers’ work permit renewal applications.

The lawsuit is called Tony N. v. USCIS — Tony N. is one of 5 ASAP members who is seeking to act as a representative for all impacted asylum seekers, and USCIS is the government agency responsible for processing asylum seekers’ work permit renewals. This lawsuit was dismissed in March 2022 when the 5 ASAP members who sued the government on behalf of all asylum seekers got their work permits. ASAP members filed the lawsuit in the Northern District of California District Court, which is a federal court located in the San Francisco Bay Area in California. ASAP filed this class action lawsuit with our partners at the American Immigration Council (AIC) and Lakin Wille, LLP.

Thanks to the work of ASAP members who filed the lawsuit and spoke to the media about work permit delays, USCIS created a faster work permit process for asylum seekers who are health care workers or child care workers. ASAP is still fighting to end other delays in processing work permits.

In the news

Case documents and timeline

November 10, 2021: Plaintiffs file Civil Complaint in the Northern District of California
November 11, 2021: Plaintiffs file Motion to Certify a Nationwide Class
November 11, 2021: Plaintiffs file Motion for Preliminary Injunction
November 23, 2021: Judge schedules hearing on preliminary injunction for December 17, 2021
December 6, 2021: USCIS files Response to Motion for Preliminary Injunction
December 6, 2021: USCIS files Response to Motion for Class Certification
December 10, 2021: Plaintiffs file Reply in support of Motion for Preliminary Injunction
December 10, 2021: Plaintiffs file Reply in support of Motion for Class Certification
December 22, 2021: Judge enters opinion denying preliminary injunction and motion for class certification
January 21, 2022: USCIS files Motion to Dismiss
February 4, 2022: Plaintiffs file Response to Motion to Dismiss
March 2, 2022: Judge dismisses the Tony N. lawsuit

Common questions about the Tony N. Lawsuit

Q: How can I help with this lawsuit and learn more?

You can find the latest news on this lawsuit at our page for updates on the Tony N. lawsuit. If you are an asylum seeker and you want to learn more about the Tony N. lawsuit, you can become an ASAP member to receive regular updates about the lawsuit! We may also offer opportunities to participate in advocacy around this issue to ASAP members who are interested.

Q: I applied to renew my work permit, and I have been waiting a long time. What can I do?

It is unfortunate that the government is taking too long to process renewal applications and we are sorry to hear you are suffering from these delays. To read about some steps you can take, you can go to our page of common work permit questions.