Civil Rights Organizations File Administrative Complaint Against CBP One App, Claiming Discrimination Against People With Disabilities
- Press Manager
- Mar 26, 2024
- 3 min read
FOR IMMEDIATE RELEASE
March 26, 2024
Contact:
Texas Civil Rights Project - media@texascivilrightsproject.org
Civil Rights Education and Enforcement Center - pcronin@creeclaw.org
AUSTIN, TEXAS - Yesterday, the Texas Civil Rights Project (TCRP) and The Civil Rights Education and Enforcement Center (CREEC) filed an administrative complaint with the U.S. Department of Homeland Security’s Office of Civil Rights and Civil Liberties (CRCL). The complaint addresses disability rights violations of the CBP One phone application (CBP One). The complaint was filed on behalf of immigration organizations Al Otro Lado (AOL) and the Sidewalk School (SWS). CBP One has forced these organizations to divert resources and special services to individuals with disabilities because the government has failed to provide people with disabilities equal access to appointments to seek asylum. View the filing here.
"CBP One is a clear example of yet another barrier for the most vulnerable asylum seekers to overcome to be able to access safety. The federal government has a responsibility to ensure that its technology is accessible to people with disabilities,” said Kassandra Gonzalez (she/her), Staff Attorney with the Beyond Borders Program at TCRP. "We are hopeful that the DHS office of CRCL will conduct a prompt investigation.”
In May 2023, the Biden Administration promulgated the "Circumvention of Lawful Pathways" rule, which requires the vast majority of asylum seekers to request asylum in the U.S. through CBP One. From technological glitches to error messages, the app has been flawed since its inception. For most, obtaining a CBP One appointment is akin to finding a golden lottery ticket. Obtaining this ticket can take months, and it is even more difficult with accessibility issues. For people with disabilities that prevent them from using the app, requesting asylum on their own through CBP One is simply impossible. AOL and the SWS have worked with clients with schizophrenia, blindness, deafness, and even partial paralysis because they couldn’t use the app with their disability. Because the CBP One app is flawed and no formal process for accommodations or access exists for individuals with disabilities, TCRP and CREEC have filed their complaint to demand that CRCL investigate and ensure that CBP One is made accessible for all.
“Migrants with disabilities face unlawful discrimination and unequal access to the asylum process due to the inaccessibility of the CBP One app. As a result, they wait longer at the border and face greater threats to their health and well-being. The Department of Homeland Security must act quickly to bring CBP One into compliance with federal law and ensure that people with disabilities have equal access to the asylum process,” said Kate Thorstad (she/her), Staff Attorney with CREEC.
“There is no legal theory or argument about operational capacity that CBP could use to justify the agency's refusal to provide accommodations to asylum seekers with disabilities, instead forcing them to wait for months on end in Mexican border cities regarded as among the most violent places in the world, in order for them to receive a processing appointment through a glitchy smartphone app, that on many days, is inoperable, and in many instances, may not even be usable by them as a result of their disabilities,” said Nicole Ramos (she/her), Director of al Otro Lado’s Border Rights Project.
TCRP and CREEC’s complaint to the DHS office of CRCL on behalf of Al Otro Lado and the Sidewalk School is a crucial step to protecting the rights of individuals with disabilities and holding the government accountable.
To schedule an interview with one of the attorneys working on this case, please contact TCRP or CREEC’s media representatives.
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Really important and thought-provoking article — it clearly lays out the concerns being raised by civil rights organizations regarding the CBP One app, especially how technology can unintentionally create barriers for vulnerable groups like people with disabilities. I appreciated how the post highlights not just the legal complaint, but also the real-world impact on access to asylum and equal treatment under the law.I recently came across a similar discussion on a review blog https://rtawholesalers.com/, and it also offered an interesting perspective on how digital systems and public services need to be evaluated for fairness and accessibility. Overall, a very informative read that raises meaningful questions about accountability in government technology.