The mandatory use of the CBP One mobile application as the sole means for seeking asylum in the United States constitutes a clear violation of international human rights and refugee law, according to a new report published today by Amnesty International.
The report, titled USA: CBP One – A Blessing or a Trap?, highlights the human rights concerns associated with the mobile app and examines the implications of the Circumvention of Lawful Pathways Final Rule, commonly known as the Asylum Ban, introduced by the Biden Administration on May 11, 2023.
The Asylum Ban imposes severe restrictions on asylum seekers entering the United States from Mexico at the southern border, denying human rights and violating international law. Amnesty International argues that the Final Rule infringes on the right to seek asylum and undermines the principles of non-refoulement and non-penalization. Under this rule, individuals are required to use the CBP One application to schedule appointments at ports of entry to be considered for asylum, adding complexity and obstacles to an already challenging process.
“The use of the CBP One application conditions entry and access to asylum on appearing at a port of entry with a prior appointment, which is not feasible for some people,”
said Ana Piquer, Americas Director at Amnesty International.
“While technological innovations could potentially facilitate safe transit and more orderly border processes, programs like CBP One cannot restrict and condition the manner of seeking international protection in the United States.”
Amnesty International’s report documents significant challenges faced by asylum seekers using the CBP One application, including technological barriers, language and literacy limitations, misinformation, and the arbitrary nature of appointment allocation. The CBP One application, available only in English, Spanish, and Haitian Creole, operates on a system where daily appointments are largely distributed at random, leading to inconsistent experiences and leaving asylum seekers uncertain and at risk.
“The CBP One application turns the legal right to asylum into a lottery system based on chance,”
said Paul O’Brien, Executive Director of Amnesty International USA.
“Asylum seekers may never receive the safety and protection they seek in the United States simply because they may never receive an appointment.”
Additionally, the application’s mandatory use of facial recognition and GPS tracking raises serious concerns about privacy, surveillance, and potential discrimination, further complicating the asylum-seeking process. Amnesty International’s Security Lab found that device information and identifiers are sent to Google’s Firebase service, a fact not disclosed to users.
The report also details the dire situation faced by those waiting in Mexico for CBP One appointment. Findings indicate that Mexico has become increasingly dangerous for asylum seekers, who often face extortion, kidnapping, and violence from both state and non-state actors.
One Venezuelan woman seeking asylum in the United States described her harsh experiences waiting in Mexico:
“We were kidnapped for three days and then released. We were blindfolded and beaten several times. We were taken off buses and forced to pay double for tickets. So many things happened to us that make you want to cry. If we don’t get the appointment quickly, we’ll throw ourselves into the river.”
In another testimony, a Mexican woman seeking asylum recounted her lengthy wait:
“I’ve been trying to get the appointment for three months. I thought the appointments were going in order. It’s maddening. I’m distraught with the situation. Someone tried to kill me. I don’t want to leave Mexico, but I can’t stay.”
“The situation faced by asylum seekers in Mexico is severe, with many experiencing violence and discrimination daily,”
said Edith Olivares Ferreto, Executive Director of Amnesty International Mexico.
“Forced to wait in limbo for undetermined periods, those seeking safety are left vulnerable to further harm and violations of their rights.”
With increasing wait times and uncertainty about appointment allocation, many asylum seekers are forced to make perilous decisions to cross into the United States without appointments, risking their lives and potentially becoming ineligible for asylum due to the Asylum Ban.
“The United States has a moral and legal obligation to protect all people who seek safety in our country,”
said Amy Fischer, Director for Refugee and Migrant Rights at Amnesty International USA.
“The Biden administration cannot continue down this path and must uphold our country’s promise as a welcoming nation for all.”
Amnesty International calls on the United States to immediately cease the implementation of the Asylum Ban and the mandatory use of the CBP One application, both of which violate international human rights and refugee law. The United States must ensure fair and individualized asylum procedures without discrimination based on migration status.
Amnesty International also urges the Mexican government to protect the rights of asylum seekers in transit, including ensuring access to U.S. ports of entry and addressing violence and discrimination against asylum seekers within its borders.
