Asylum: lawsuit against mandatory use of CBP One app

Recently, the implementation of the CBP One app by the authorities generated intense debate regarding whether this measure constitutes a violation of the fundamental rights of asylum seekers.

For this reason, a group of asylum seekers took action to block the Biden administration’s illegal policy requiring applicants to obtain a scheduled appointment through such an app before applying for asylum.

What does this lawsuit involve, and why does this policy generate so much controversy? At Jaskot Law, we bring you the details of this measure against the Biden administration, and how it affects the asylum application process.

Table of Contents

    CBP One app: a tool for border control

    The CBP One app was developed by U.S. Customs and Border Protection (CBP), and is designed to streamline procedures at points of entry into the country. Through it, asylum seekers must provide information and answer different questionnaires.

    The CBP One application was designed for asylum seekers to provide information and answer different questionnaires in connection with the asylum application.
    The CBP One application was designed for asylum seekers to provide information and answer different questionnaires in connection with the asylum application.

    However, the mandatory nature of its use raised concerns about data privacy and, in particular, the right of asylum seekers to a fair process. As a result, Al Otro Lado, Haitian Bridge Alliance, and nine individual plaintiffs filed a lawuit against the policy.

    Violation of the right to seek asylum?

    The imposition of the use of the CBP One app raises fundamental questions regarding the right to seek asylum, which is recognized both locally and internationally.

    The asylum application process involves asylum seekers presenting their case and explaining their reasons. However, the mandatory use of an application may prevent them from presenting the situation in a complete way, which would negatively affect the possibility of success.

    Don’t let the application limit your chances of receiving asylum. At Jaskot Law, we can guide you to a secure future in the United States. Contact us!

    Content of the lawsuit for the mandatory use of the CBP One app

    The application filed on Wednesday details the experiences of individual asylum seekers who were unable to obtain appointments at CBP One, and who were illegally rejected. These are some of the cases presented:

    • Luisa: After being attacked by drug traffickers, she sought asylum at the border, but was rejected. As she desperately waits for an appointment at CBP One, drug traffickers continue to threaten her.
    • Paul: He suffered the rejection policy multiple times. In addition, the border agents told him that he “should learn English” if he wanted to live in the country. After multiple robberies, blackmailings, and assaults in Mexico, he lives in hiding.
    • Laura: She is trapped in Tijuana by the rejection policy, and is afraid to leave her migrant shelter, terrified that the Mexican cartel that disappeared her husband and father-in-law will do the same to her and her children.
    • Natasha: She fled her native Haiti with her son after receiving death threats, but was not allowed to enter the country without an appointment at CBP One. They now live outside an abandoned gas station in Mexico, where they face many hardships.
    • Somar and Guadalupe: This mother and daughter sought asylum in the U.S. after being threatened by an abusive family member, but were unsuccessful. In addition, Guadalupe’s children repeatedly fell ill after eating expired food at her migrant shelter.
    A group of asylum seekers took action to block the Biden administration's illegal policy requiring them to obtain an advance appointment through the CBP One appl before applying for asylum.
    A group of asylum seekers took action to block the Biden administration’s illegal policy requiring them to use the CBP One app before applying for asylum.

    Conclusion

    In summary, the mandatory implementation of the CBP One app generated intense debate in the United States not only regarding the right to apply for asylum, but also the potential impacts on the asylum application process.

    As a result, a number of asylum seekers took action against the Biden administration’s unlawful policy requiring them to obtain a prior appointment through the app before seeking asylum.

    At Jaskot Law, our team of specialized attorneys is constantly updated on the latest developments in the immigration field to provide you with relevant information that can help you in your case.

    Sources

    American Immigration Council

    Amnistía Internacional

    Frequently Asked Questions

    How does the CBP One app work, and how does it relate to asylum?

    It is a mobile application that serves as a central platform for various CBP services. By means of guiding questions, each user will be guided to the corresponding services according to his or her needs.

    What is the main purpose of the lawsuit mentioned?

    The lawsuit seeks to block the asylum rejection policy due to the CBP One app by arguing legal and human rights violations.

    How might the asylum process change if the lawsuit is successful?

    If granted, the lawsuit could stop walk-in rejection at CBP One, allowing for fairer and more secure access to the asylum process at the border.