The Dilemma of Technology Deployment: Balancing the Use of CBP One App and the Right to Seek Asylum

Amnesty International has raised serious concerns about the mandatory use of CBP One, a mobile application that serves as the only means of asylum-seekers entering the United States to seek international protection. According to Amnesty International, this approach severely limits eligible individuals’ capacity to seek international protection and violates the fundamental human rights of asylum seekers, as they face significant barriers due to being unable to access the application, particularly those without access to a mobile device or internet connection. Even more concerning is that the CBP One application allows US Customs and Border Protection to collect data on the asylum seekers’ location through “pinging” their mobile devices, resulting in serious privacy and surveillance concerns.

The United States has domestic and international human rights obligations towards asylum seekers to ensure that they can access its territory, receive individualized and fair assessments of all asylum requests without discrimination, and are not returned to places where they may be at risk of harm. However, the mandatory use of CBP One violates these obligations as it creates significant barriers to entry for those unable to access the application and subject to privacy and surveillance concerns.

While the Biden administration has included some exemptions regarding the mandatory use of CBP One, it remains unclear how these will be determined at the border and whether border agents will have discretion in decision-making granting exemptions. Moreover, there are no exemptions for populations with circumstantial vulnerabilities such as LGBTI people, families with small children, or others, such as Black, Brown, and Indigenous populations, who could face particular risks waiting in Mexico.

Amnesty International urges the Biden Administration to abandon the mandatory use of CBP One after the termination of Title 42 and to refrain from requiring the use of facial recognition-enabled technology for asylum-seekers. Asylum seekers have due process rights regarding refugee status determination procedures, and the United States must ensure that its policies and practices reflect its commitments under international human rights law.

It is essential that the United States invests in systems that allow for efficient processing of asylum claims and provide support to asylum seekers to pursue their claims in US communities with access to housing, social services, and legal support, instead of resorting to mandatory use of an application with privacy and surveillance concerns. The United States must uphold the rights of asylum seekers and ensure that its policies align with international human rights law to maintain fairness and justice for all those seeking asylum.

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