Amnesty International assured that the mandatory use of the CBP One mobile application as the only means of entry into the United States to request international protection is a clear violation of international human rights law.
In a new policy document, Amnesty International raised serious concerns about the mandatory use of CBP One. Following the scheduled expiration of Title 42 on May 11, asylum-seekers will need to use the app to get an appointment at one of the points of entry on the southern border of the United States to submit their asylum applications.
This route seriously limits the possibilities of asylum seekers to request international protection, as it represents a significant obstacle for those who do not have access to mobile devices or the Internet or who, for other reasons, cannot access or use the application.
“The mandatory use of CBP One conditions entry into the territory and access to asylum to the fact of going to an entry point with a prior appointment, which is only feasible for some people,” explained Erika Guevara-Rosas, director for the Amnesty International Americas.
“While technological innovations could promote safer transit and more orderly border processing processes, programs like CBP One cannot be used as the only route into the United States to apply for international protection.”
Despite the fact that initially the use of CBP One was not mandatory, in practice it has become the only way to apply for asylum for people from certain countries. There are numerous reports of people waiting for a long time to get a CBP One appointment, a situation that is bound to get worse when Title 42 is no longer in effect and CBP One becomes mandatory for all asylum seekers.
The operating logic of the CBP One app is deeply problematic. Asylum-seekers are forced to install the app on their mobile, allowing Customs and Border Protection to collect data about their location by sending them a tracking signal
The policy document examines how the mandatory use of CBP One violates the United States‘ international human rights obligations toward asylum seekers. Both national and international law recognize the right to request protection from persecution, and the United States must guarantee those who wish to request access to its territory and a fair and individualized evaluation of their request without discrimination.
“The operating logic of the CBP One app is deeply problematic. Asylum-seekers are required to install the app on their mobile, allowing Customs and Border Protection to collect data about their location by sending them a tracking signal. The United States must guarantee that refugee status determination procedures respect the right to due process of asylum seekers and that they are not returned to places where they may be in danger,” said Erika Guevara-Rosas.
Although the Biden administration has provided some exemptions to the mandatory use of CBP One, it is unclear how they will be determined at the border or whether border agents will have discretion in decisions to grant them. Amnesty International is also concerned that they are not granted to populations in situations of circumstantial vulnerability, such as LGBTI people, families with young sons and daughters, or black, indigenous and other racialized people, who may be at particular risk while waiting in Mexico.
The CBP One app also raises serious privacy, discrimination, and surveillance concerns. Amnesty International is concerned that GPS and facial recognition technologies, along with cloud storage, are being used to collect data on asylum-seekers prior to their entry into the United States, posing significant risks to their human rights. and that facial recognition technology, specifically, is used in an indiscriminate and discriminatory manner.
While Amnesty International welcomes the interest of the US government in adopting measures that guarantee greater efficiency in the processing of asylum applications, the mandatory use of CBP One as the only means of entry into the United States to request international protection violates the right Human Rights International Amnesty International urges the US government to immediately end the mandatory use of CBP One after the expiration of Title 42, as well as to refrain from requiring the use of facial recognition technology for asylum seekers. The United States should also ensure that it does not conduct discriminatory mass surveillance or targeted surveillance of asylum seekers through the use of CBP One.
As Title 42 expires, the United States must take immediate steps to ensure fair treatment for all asylum seekers. Amnesty International calls on the Biden government to invest in systems that care for asylum seekers at the border without delays or detentions, and to provide them with the support they need to process their asylum claims in communities in the United States with access to housing , social services and legal assistance.
The United States must respect the rights of asylum seekers and ensure that its policies and practices reflect the commitments it has made under international human rights law.