American Immigration Council and Center for Gender and Refugee Studies v. U.S. Customs and Border Protection, et al., No. 3:23-cv-5270 (N.D. Cal., filed Oct. 16, 2023)

In early 2023, U.S. Customs and Border Protection (CBP) implemented a new policy requiring asylum seekers approaching ports of entry (POEs) along the southern border to first schedule an appointment through the CBP One mobile application. Under the CBP One Turnback Policy, CBP officers turn away most asylum seekers who have not made an appointment through CBP One, thereby endangering asylum seekers who must remain in potentially dangerous conditions and risk losing their asylum eligibility.

On July 11, 2023, the American Immigration Council and Center for Gender and Refugee Studies sent Defendants a Freedom of Information Act (FOIA) request, seeking to understand CBP’s policies regarding asylum seekers who approach POEs without a CBP One appointment, including the number of migrants impacted and CBP’s cooperation with authorities in Mexico. Plaintiffs requested expedited processing because of the urgency of the situation. Plaintiffs also believe that this policy directly conflicts with the federal court ruling in Al Otro Lado, Inc. v. Mayorkas, 619 F. Supp. 3d 1029 (S.D. Cal. 2022), which held that refusing to inspect asylum seekers arriving to the United States—as officers do to those without a CBP One appointment—is unlawful. CBP did not respond to the request. On October 16, 2023, Plaintiffs filed a lawsuit in federal court under FOIA to obtain the responsive documents. The parties have negotiated a proposed schedule for Defendants to produce the requested records. The parties are now engaged in settlement conversations, with a status update on settlement due to the court by October 1, 2024.

Documents:

• Complaint
• Answer

Council: American Immigration Council ǀ Center for Gender and Refugee Studies

Contact: Raul Pinto | American Immigration Council ǀ rpinto@immcouncil.org
Neela Chakravartula | Center for Gender and Refugee Studies ǀ neela@uclawsf.edu

Press

• Council Sues to Get Records about CBP’s Treatment of Migrants without CBP One Appointments, American Immigration Council, Oct. 16, 2023.
• Immigrant Rights Groups Sue for Information on Asylum Turnbacks, American Immigration Council, Oct. 17, 2023.