Restrictions on Asylum-Seekers Are Unlawful

Immigrants’ Rights Groups Blast Federal Government’s Misguided Asylum Policy Changes 

Centro Presente and Lawyers for Civil Rights (LCR) vehemently opposed the Biden Administration’s proposed restrictions on asylum-seekers at the border. Reminiscent of Trump-era restrictions, the Biden Administration’s proposed asylum changes would create unlawful barriers for migrants fleeing persecution and torture. Immigrants’ rights organizations have detailed the illegality and impracticality of the proposed asylum changes. 

Under the Proposed Rule, asylum-seekers at the border will be immediately deported and removed unless they can show that they sought and were denied asylum in a country they traveled through on their way to the United States. Asylum-seekers would also be refused entry unless they meet a series of procedural hurdles, including scheduling an asylum appointment through CPB One, an unreliable and discriminatory app, prior to their arrival. Asylum-seekers who do not meet these limited exceptions would be subject to “expedited removal” and deprived of an opportunity to see an Immigration Judge. Without even appearing in Immigration Court, asylum-seekers would be returned to dangerous conditions that triggered their fleeing in the first place. 

The proposed federal policy changes contradict long-standing U.S. immigration law designed to ensure safety, minimize the risk of persecution, and reduce the likelihood of torture. Although imperfect, the current immigration system rightfully acknowledges that many countries do not have full and fair asylum procedures in place. Mexico and Central America simply cannot be deemed “safe” for asylum-seekers, especially women. 

The federal government’s reliance on the CPB One app also constitutes an abrupt departure from the well-established asylum application process. Immigrants would now have to schedule an appointment to apply for asylum before presenting themselves at the border — and requests would be funneled through an unreliable and discriminatory app. 

Amongst many legal and technological issues with the CPB One app, the most detrimental is its inability to recognize Black and darker-skinned faces. This bias against Blackness triggers error messages when dark-skinned photos are uploaded to the app. Since the photos are required to complete the application process, the racist default blocks dark-skinned people from requesting immigration protection and relief. 

On a parallel track, LCR also sent a letter yesterday to the U.S. Department of Homeland Security (DHS), Customs and Border Protection (CBP), and DHS’s Office for Civil Rights and Civil Liberties (CRCL), specifically focusing on the discriminatory elements of the CBP One app. In connection with this related advocacy, LCR has interviewed directly affected families and individuals, including Haitian immigrants, who have been unable to upload their photos to the CBP One app due to having darker complexions.

“The Central American countries that the Biden Administration says are safe, are simply not safe, particularly for women and children who are often fleeing gender-based violence. Centro Presente’s members who have made the journey to the U.S. consistently confirm that these countries are not safe. They are extremely dangerous,” said Patricia Montes, the Executive Director of Centro Presente.  

“The Biden Administration’s improper reliance on the CBP One app fuels racial bias and discrimination against Black and darker-skinned people. Essentially, the federal government is using a mechanism intended for cargo on human beings. The technology is unreliable and faulty — and it produces racist outcomes to boot. Coupled with unsupported factual and legal assertions about purported safety in countries known for violence, the proposed asylum restrictions are decidedly Trumpist,” said Tasheena Davis, Litigation Fellow at Lawyers for Civil Rights. 

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