American Immigration Council v. U.S. Customs and Border Protection and U.S. Department of Homeland Security, No. 1:21-cv-03314 (D.D.C., filed Dec. 20, 2021)
The American Immigration Council filed suit against U.S. Customs and Border Protection (CBP) in December 2021 for their failure to respond to a Freedom of Information Act (FOIA) request seeking records related to the agency’s implementation and use of the CBP One mobile application. CBP developed CBP One to collect information about individuals who interact with CBP, and launched the app in 2020. Since that time, CBP has added different functions to the app, including allowing asylum seekers to schedule inspection appointments via the app. However, apart from limited information available on its website, CBP has failed to provide easily accessible and consistent information to the public about CBP One, including other current or future uses for the app and any plans to use, sell, or distribute the information it collects through the app.
In September 2023, CBP agreed to publish past versions of the Department of Homeland Security’s Privacy Impact Assessments on CBP One. The assessments describe additional app features not listed on the CBP webpage. CBP agreed to post these assessments, which provide vital insight on the functions of the app, in the agency’s FOIA library. Agencies’ FOIA libraries—or Reading Rooms—are designated webpages where the public can view agency documents without the need to file a request under FOIA.
Documents:
Counsel:
Raul Pinto ǀ American Immigration Council ǀ rpinto@immcouncil.org
Hold CBP Accountable 