July 25, 2023

Contact: Paige Censale pcensale@haitianbridge.org

San Diego, California,  － In a significant development regarding the rights of people seeking asylum at the U.S.-Mexico border, a federal court in California issued a landmark decision today that deemed the Biden administration’s asylum ban policy unlawful. The policy largely presumes migrants ineligible for asylum if they enter without a Customs and Border Protection (CBP) One App appointment unless they applied for protection in a transit country. “The court’s ruling upholds the principles of fairness and compassion, which are vital in the pursuit of justice,” said Guerline Jozef, co-founder and Executive Director of Haitian Bridge Alliance.

Since May 11, 2023 after the end of the barbaric use of Title 42, asylum seekers at the border have been required to use the CBP One app to request an appointment for potential entry. Those who enter without a CBP One appointment are essentially banned from applying for asylum in the United States, with rare exceptions.

However, due to serious flaws with CBP One, including lack of access, unreliable software, connectivity issues, and failure to register darker skin tones, countless asylum seekers at the border are facing insurmountable difficulties in securing an appointment. As a result, their access to the asylum process in the United States has been severely compromised.

“The recent federal court decision brings a ray of hope to those seeking refuge within the United States. It emphasizes the importance of safeguarding the rights of people in migration and ensures they are not unduly hindered in their pursuit of safety and asylum protection,” said Ms. Jozef. “However, it is important to note that the Biden administration will likely appeal the ruling, and the current CBP One app policy remains in effect during this time.”

Nicole Phillips, Legal Director at HBA said, “While the decision signifies a positive development, we advise all migrants to remain cautious and continue scheduling appointments with the CBP One App until further updates are provided. Attempting to enter the U.S. border without a CBP One appointment may still result in detention or a presumption that they are ineligible to apply for asylum.” 

The Haitian Bridge Alliance is closely monitoring the situation and will keep the public informed of any updates as they unfold. As we navigate through this critical juncture, we encourage all concerned individuals to remain vigilant and informed. As a nation, let us remain committed to providing a safe and welcoming haven for those seeking refuge no matter where they are from.

For community members: If you have any questions or require assistance, please reach out to HBA’s Kreyol/English/French hotline at +1 (619) 693-8708.