The introduction of the CBP One app was meant to provide migrants with a legal pathway to seek asylum at the US-Mexico border. However, accompanying policy changes have transformed this digital tool into what critics describe as an obstacle course, raising concerns about health risks and human rights violations.

CBP One App and the Evolution of Asylum Policies

Originally designed to streamline asylum applications, the CBP One app allows migrants to schedule appointments at ports of entry rather than risk dangerous illegal crossings. This system underwent significant changes on June 4, 2024, when the Biden administration issued a presidential proclamation and interim final rule that imposed strict limitations on asylum eligibility for those entering the US without authorization.

The new policy, invoking sections 212(f) and 215(a) of the Immigration and Nationality Act, effectively suspends entry eligibility for noncitizens crossing the southern border without authorization. While technically a "pause" rather than a complete shutdown of asylum processing, the measure creates substantial barriers by making it significantly harder for unauthorized border crossers to qualify for humanitarian protections.

This policy shift has created a paradoxical situation for CBP One: while remaining one of the few legal pathways for entry, the app's importance has grown disproportionately as other options disappear, magnifying its existing technical and logistical challenges.

Policy Impacts: Raising the Bar for Asylum Seekers

The new regulations introduce several consequential changes. First, they establish emergency border restrictions triggered when average daily apprehensions reach 2,500 over seven consecutive days. Second, while maintaining the CBP One appointment system as a legal pathway, the policy fails to address the app's well-documented shortcomings including language barriers, technical glitches, and chronic appointment shortages.

Perhaps most significantly, the rules implement a preliminary screening hurdle requiring migrants to actively express fear of returning to their home countries to qualify for a credible fear interview. This requirement creates particular difficulties for those unfamiliar with legal procedures or facing language barriers.

The policy also raises the standard for asylum interviews. Under the new rules, noncitizens entering without authorization generally become ineligible for asylum except under extraordinary circumstances. Those processed for expedited removal only get referred for credible fear interviews if they demonstrate such fear, creating a higher evidentiary threshold that critics say endangers genuinely vulnerable populations.

Technological and Human Rights Challenges

While designed to improve efficiency, the CBP One app presents multiple practical barriers. Digital literacy requirements exclude many migrants unfamiliar with smartphones, while limited language options compound accessibility issues. Even successful applicants face extended waiting periods with uncertain outcomes, creating psychological distress.

A 2024 study by Alejandro Olayo-Méndez, S.J. identified systemic limitations in the app's implementation, recommending increased daily appointment slots, additional asylum officers and immigration judges, and better support for receiving communities.

These concerns reflect broader issues in digital border management. Amnesty International's May 2024 report "Digital Borderlands" warns that technologies like AI-powered emotion recognition and automated risk assessment systems may reinforce racial discrimination and enable human rights violations in migration systems across the US, UK and EU.

Political Context and Future Directions

The policy changes arrive amid intense political pressure as the Biden administration seeks to address border security concerns ahead of the November 2024 elections. While exempting vulnerable groups like trafficking victims and unaccompanied minors, the measures have drawn criticism from both sides—Republicans dismissing them as election-year posturing, and Democrats advocating for legislative solutions.

UN refugee officials express concern that the higher standards may deny protection to legitimate asylum seekers, highlighting the tension between border management and humanitarian obligations under international law.

Health and Safety Consequences

The extended waiting periods created by the system's bottlenecks expose migrants to severe health and safety risks. Overcrowded border areas lacking shelter, food and medical services create conditions ripe for disease transmission, while women and children face heightened risks of violence, exploitation and trafficking.

Recommendations for Reform

Addressing these systemic challenges requires multipronged solutions:

• Expanding CBP One's appointment capacity and improving technical accessibility
• Enhancing language support and user interfaces
• Providing accurate legal information to migrants
• Ensuring basic health services and safe waiting conditions
• Implementing human rights assessments for digital border technologies

Future immigration policy must balance humanitarian concerns with border security while upholding international legal commitments—a complex challenge requiring sustained political will and multilateral cooperation.