Civil Rights Education and Enforcement Center, et al., v. U.S. Customs and Border Protection, No. 2:24-cv-03815 (C.D. Cal., filed May 8, 2024); No. 1:24-cv-01956 (D. Colo., transferred July 16, 2024)

Al Otro Lado, the Civil Rights Education and Enforcement Center, and the Texas Civil Rights Project filed a lawsuit under the Freedom of Information Act (FOIA) in the Central District of California to compel the government to release information about its policies and practices related to the CBP One app and to asylum-seekers with disabilities.

The government has forced asylum-seekers to use the CBP One App since May 2023 — when Title 42 was lifted — to schedule asylum interviews with U.S. Customs and Border Protection (CBP) officials at U.S. ports of entry. The lawsuit comes after a report by Human Rights Watch criticized the app as a modern-day form of metering to keep asylum-seekers from crossing ports of entry. The suit also seeks information as it relates to discrimination of asylum-seekers with disabilities. The complaint alleges that the government has not provided the information the groups requested in administrative FOIA requests.

The lawsuit notes that CBP One requires a smartphone and a high level of technological proficiency to install and use, and alleges that the application is prone to frequent glitches and other technical issues. This in turn leads to discriminatory practices against individuals with disabilities and unequal access to the asylum process for anyone experiencing barriers to downloading and using the app.

Specifically, the lawsuit seeks from CBP all final agency opinions and orders, policies, interpretations, and administrative staff manuals and instructions concerning Technology Accessibility for persons with disabilities as that information relates to CBP One.

On July 15, 2024, the court, after the parties jointly stipulated, transferred the case to the District of Colorado, and CBP filed its answer on July 31, 2024. Production is now ongoing.

Documents:

• Complaint

Contact: Laura Murchie ǀ Disability Rights United ǀ lmurchie@creeclaw.org
Jeremy Jong ǀ Al Otro Lado ǀ jeremy@alotrolado.org

Press:

• Sandra Sanchez, Nonprofits sue DHS, allege CBP One app is ‘barrier’ to asylum, Border Report, May 8, 2024.