Biden Administration Hit With Lawsuit Over Controversial U.S. Border App CBP One

Immigrant rights advocates and asylum seekers have filed a lawsuit against Customs and Border Protection (CBP), raising concerns about using the CBP One app.

The case highlights that the government’s mandate to schedule appointments with immigration officials via the app exclusively adds further obstacles for asylum seekers coming to the States.

CBP One App

The CBP One app was launched in October 2020 to streamline the scheduling of immigration appointments for travel.

However, in January of this year, President Joe Biden announced his intentions to expand the app’s use to include people seeking asylum in the U.S.

The app aimed to make immigration for asylum seekers in Mexico more orderly through an appointment-based system.

However, it was reported that many asylum seekers at the US-Mexico border were struggling with the app due to several problems, such as software bugs and glitches and unreliable access to Wi-FI.

Angelo Guisado, an attorney with the Center for Constitutional Rights, part of the legal team behind the lawsuit being brought forward, told The Guardian, “We know the Republicans intend on making life harder for every single poor, Black or brown person who wants to immigrate here.”

“But Democrats are doing the same thing while putting forth these statements that adhere to higher ideals.”

The Lawsuit

The lawsuit claims federal officials have created a new, unlawful hurdle for people seeking asylum in the U.S.

“It is unfathomable that a refugee who just travelled across nine different countries with only the clothes on their back would somehow have access to a costly smartphone,” Guisado.

According to the lawsuit, many asylum seekers cannot schedule appointments on the app because they need up-to-date smartphones, wifi, cellular data plan or reliable electricity, all of which are necessary to use CBP One.

One migrant also showed Guisado an error message that appeared to be a line of computer code.

A report from the International Rescue Committee, a refugee and humanitarian aid organization, said, “Hinging access to seek and enjoy asylum on whether people fleeing for their lives can book an appointment on a smartphone app is neither right nor practical.”

And in May, Homeland Security Secretary Alejandro Mayorkas confirmed to CNN that border agents saw a 50% drop in encounters with immigrants versus what they initially expected.

However, the Biden administration continued using CBP One to process asylum seekers.

What is the response?

A spokesperson for Customs and Border Protection told the Guardian that, thanks to the app’s new usage, the agency is processing 4-5 times as many migrants per day at South-West border ports of entry than it did a decade ago.

The agency spokesperson also said, “CBP continues to process individuals who walk up to a port of entry without an appointment.”