Biden administration sued over CBP One app: Russians among plaintiffs
The US government policy requiring asylum seekers to book appointments through the CBP One smartphone app is facing legal action from two immigrant rights groups. The edition told in more detail Biometric Update.
Al Otro Lado and the Haitian Bridge Alliance, along with XNUMX individuals from countries including Mexico, Haiti, Nicaragua and Russia, have filed a class action lawsuit against US President Joe Biden's administration, alleging that the app is cutting off access for a wide range of immigrants and asylum seekers.
Mexican government data shows most CBP One appointments are not going to vulnerable migrants. Instead, they go to migrants, who tend to have more resources. AND mostly Russians.
Citizens of Russia, as a rule, fly to Mexico on tourist visas. They can afford to stay in hotels and connect their phones to strong Wi-Fi signals. Meanwhile, Guatemalan citizens often make it to Tijuana on foot or by hitchhiking. They sleep in overcrowded migrant shelters and try to connect outdated phones to the same Wi-Fi signal used by 100 other migrants.
On the subject: You can apply for asylum in the US through the CBP One app: how it works
Of the approximately 15 migrants in Tijuana who received appointments at CBP One in May 000, 2023 are Russians, followed by 6645 Haitians, 2700 Mexicans and 1864 Venezuelans. That is, approximately 1844% are Russian citizens, Haitians - 44%, followed by Mexicans and Venezuelans, each of which accounts for 18% of appointments.
Under current policy, those who do not have an appointment are denied and restricted from further consideration of the US asylum process.
A federal court recently blocked the practice, declaring it illegal, but delayed the ruling's entry into force by 14 days.
Meanwhile, border guards keep telling asylum seekers that "there's an app for that."
“CBP One is essentially creating an electronic waiting list that restricts access to the U.S. asylum process for a limited number of privileged migrants,” say the parties to the lawsuit, who are represented by the Center for Refugee Gender Studies, the American Immigration Council (AIC), the Center constitutional rights and the lawyers of Mayer Brown LLP.
The lawsuit alleges that many migrants and asylum seekers have difficulty accessing an internet connection, and there are those who may have trouble navigating a foreign language app.
A press release from the AIC said that "Even under the best of circumstances, CBP One has been known to falter, and its discriminatory facial recognition technology prevents many black migrants from making appointments." It alleges that some asylum seekers have spent months trying to get reservations through the app while suffering in violent and unstable border camps.
“This lawsuit alleges that the government’s policy to return asylum seekers who are not assigned through CBP One violates U.S. law, asylum seekers’ rights to due process, and the United States’ obligations under international law that prohibit government to return refugees to countries where they face persecution or torture,” the document says.
CBP One works to curb immigration, but lawsuits hinder progress
For the Biden administration, limiting asylum is a double-edged sword. On the one hand, the system has been found to be illegal and thus exacerbates the legal confusion the government faces over immigration policy. On the other hand, it proved to be effective.
A recent U.S. Customs and Border Protection (CBP) update showed a "significant and ongoing decline in illegal Southwest border crossings." The number of migrants entering the US illegally from Mexico is lower than it has been since the beginning of 2021.
But while the government says they are simply trying to implement safe and orderly routes to asylum after the hardline policies of President Donald Trump's administration, failed human rights groups see a tool to keep people away from the right.
Nicole Elizabeth Ramos, director of border rights group Al Otro Lado, said: "It's hard for me to explain to asylum seekers and our employees, many of whom have themselves suffered from illegal US border policy, why we should reconsider this issue."
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The report of the International Rescue Committee, a refugee and humanitarian aid organization, states bluntly: “Depending access to seeking and obtaining asylum on whether people fleeing can make an appointment through a smartphone application is inappropriate and inappropriate.” It states that the asylum application "should not be the only means of effectively requesting protection at a U.S. port of entry."
In addition, the application poses a significant privacy risk. At a May policy briefing, Amnesty International's Erika Guevara-Rosas said that "asylum seekers are forced to install an app on their mobile devices that allows US Customs and Border Protection to collect data about their whereabouts by 'pinging' their phones."
“The US must ensure that asylum seekers have the right to due process in relation to granting refugee status,” she said. “And not to be returned to places where they could be harmed.”
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