A federal judge denied a challenge to the policy that requires asylum seekers use the CBP One app, citing a precedent established by the U.S. Supreme Court. The court held a hearing to determine whether U.S. Customs and Border Protection (CBP) agents can turn away individuals seeking asylum at the southern border when they do not have prearranged appointments, made through the app. The federal judge pointed to significant similarities between the Supreme Court’s decision in a 2022 case and the current situation.

In the 2022 case, the Supreme Court ruled that the Immigration and Nationality Act prohibits broad policies that restrict the government’s ability to enforce measures related to the inspection and removal of migrants. In the present case, a group of asylum-seekers had requested that CBP permit individuals arriving at the southern border to wait for processing. The federal judge rejected this request based on the precedent set by the Supreme Court.

The CBP One app was introduced by Customs and Border Protection in October 2020 and has since become a fundamental component of the Biden administration’s border management strategy. In May 2023, the Department of Homeland Security (DHS) implemented a policy making migrants ineligible for asylum in the United States if they do not use the CBP One app to schedule an appointment before their arrival to the border. Or, individuals can demonstrate that they had applied for asylum and been denied in a third country before coming to the U.S.

Should you have any inquiries regarding asylum or any immigration-related matters, please feel free to reach out to us. We are committed to assisting our clients in navigating their specific situations and providing them with the guidance they need, every step of the way.