A federal judge stated they cannot require border officials to process migrants who do not have an appointment made through the CBP One app, per a precedent set by the U.S. Supreme Court. A hearing considered whether U.S. Customs and Border Protection agents can turn away individuals seeking asylum at the southern border when they do not have preset appointments. The federal judge stated there are clear parallels between the Court’s decision in a 2022 matter and the current case.

In the 2022 case, the Supreme Court found that the Immigration and Nationality Act forbids class-wide policies that limit the government’s ability to uphold policies that address the inspection and removal of migrants. In this case, a group of asylum-seekers asks that CBP allow individuals arriving at the southern border to wait for subsequent processing. The federal judge denied the request on the basis of the Court’s previous ruling.

Customs and Border Protection introduced the CBP One app in October 2020. The app is now a key element of the Biden administration’s border management process. In May 2023, the Department of Homeland Security (DHS) introduced a policy that makes migrants ineligible for asylum in the U.S. if they did not first use the CBP One app to set an appointment prior to arrival or prove they applied for asylum and were denied in a third country prior to arrival in the U.S.

If you have questions about asylum or any immigration-related issue, contact us at ILBSG. We work with our clients in their specific situations to ensure they get the right advice.

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