SAN DIEGO — Immigrant rights groups filed a lawsuit in San Diego federal court Friday challenging policies that turn asylum seekers away at the southern border if they cannot access a smartphone app to apply for appointments with border officials.
The suit filed on behalf of Al Otro Lado, Haitian Bridge Alliance, and 10 people seeking asylum alleges noncitizens have been turned away at the border if they have not made appointments through the CBP One smartphone application.
The complaint states that many asylum seekers do not have reliable access to phones or understand the languages used in the app, or may have disabilities preventing them from navigating the app.
The lawsuit details accounts from several asylum seekers who were fleeing violence in their home countries and denied entry to the United States.
Many of the plaintiffs lack cell phones in order to obtain the appointments. Others encountered glitches and errors when using the app which prevented them from securing appointments.
The suit also alleges the app has created a new avenue for exploitation, in which individuals offer sham services for asylum seekers, charging thousands of dollars for assistance in utilizing the app.
A DHS news release describes the app as "a key component of DHS efforts to incentivize migrants to use lawful processes and disincentivize attempts at irregular or unlawful entry to the United States." DHS also said "because the app provides a direct system to request appointments, it reduces the potential for smugglers or others to exploit migrants."
The lawsuit also alleges the number of appointment slots has been capped, preventing many of those who can use the app from securing appointments.
Last month, U.S. Customs and Border Protection announced the number of available daily appointments would be increased from 1,250 to 1,450. According to CBP, more than 49,000 people were able to secure CBP One appointments between May 12 and June 23.
But the lawsuit alleges many of those who have been turned away have waited several months to secure an appointment without success.
"As a result, countless asylum seekers have been forced to wait indefinitely under precarious conditions in Mexico in the hope of obtaining scarce appointments," the complaint states.
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