McALLEN, Texas (Border Report) — A new report by the nonprofit group Human Rights Watch accuses the Biden administration of “metering” by requiring migrants to apply for interviews via the CBP One app in order to claim asylum in the United States.

“The Biden asylum rule impermissibly limits the right to seek asylum for many people and compels them to wait in foreseeably dangerous and inhumane conditions in Mexico,” according to the report, “‘We Couldn’t Wait’: Digital Metering at the US-Mexico Border.”

To reduce irregular immigration at the U.S. border, the Biden administration began requiring the use of the app to schedule appointments in May 2023 when Title 42 was lifted.

“The fundamental right of all people to seek asylum in another country, and to be granted refugee protection after proving fear of persecution on specific grounds, is provided for in U.S. law and in international law binding on the United States,” the report released Wednesday says.

The 68-page report accuses the U.S. and Mexican governments of “digital metering.”

Metering was a term coined during the Trump administration when limits were placed on the number of asylum-seekers processed daily at U.S. ports of entry, and there were increases in the number of migrants turned back to Mexico to wait.

“The Biden and López Obrador administrations are knowingly exposing migrants to persecution at the hands of cartels that systematically target migrants for kidnapping, extortion, and sexual assault,” said Ari Sawyer, U.S. border researcher at Human Rights Watch. “U.S. and Mexican governments should stop forcing migrants to wait in Mexico and should stop collaborating on rights-abusive immigration policies.”

Wednesday’s report follows a report released last week by National Immigration Forum, in coordination with several other groups, that also recommended changes to the CBP One app system.

The Human Rights Watch report is based on interviews with 128 asylum-seekers, shelter workers and migrant service providers in August and September 2023. Interviews were conducted throughout Mexico and the border region, including Tamaulipas and Eagle Pass, Texas.

U.S. Customs and Border Protection officials offer 1,450 appointments daily via the CBP One app at these ports of entry:

  • Arizona: Nogales
  • Texas: Brownsville, Eagle Pass, Hidalgo, Laredo, and El Paso
  • California: Calexico and San Ysidro

“Use of the CBP One app to schedule appointments at land ports of entry has increased CBP’s capacity to process migrants more efficiently and orderly while cutting out unscrupulous smugglers who endanger and profit from vulnerable migrants,” according to the agency’s website.

The report says the app “creates additional barriers to access for those seeking asylum, particularly for certain groups.” It cites a lack of cellphones by many asylum-seekers due to high costs, as well as a lack of Wi-Fi access in much of Mexico.

The report also cites that use of the app has spurred cartel violence toward asylum-seekers.

It says Mexican cartel operatives charge upwards of $500 per migrant who has received an appointment via the CBP One app in order for them to get “permission” to cross the Rio Grande from Nuevo Laredo to Laredo, Texas, for their appointment.

The cartel even wanted shelter workers in Nuevo Laredo “to carry out the extortion.” But instead, many shelters closed, leaving thousands of migrants living on the streets, according to the report.

Chihuahua state police officers secure the second of two crime scenes in the town of Coronado, Mexico, where members of the Juarez and Sinaloa cartel faced off in a shootout that left five people dead in June 2022. (Courtesy State of Chihuahua)

Taxis and other transportation providers are also extorted by cartels and forced to report asylum-seekers, according to the report.

“The cartel also kidnaps migrants directly from the bus terminal in Nuevo Laredo. Taxi and
rideshare drivers in Nuevo Laredo are reportedly forced to participate in a WhatsApp group
they share with cartel operatives where they must notify the cartel when they have migrant
passengers and turn migrants over to the cartel when asked,” the report found.

“An app-based appointment system suggests the illusion of order and impartiality, but in reality CBP One puts people in danger and means more profit and power for criminal cartels,” Sawyer said. “The United States and Mexico can, and should, do better.”

The report recommends DHS increase the number of border personnel to assist asylum-seekers and process all new arrivals. Human Rights Watch suggests keeping the app for those who wish to schedule appointments with it, but not limit that as the only way for everyone seeking asylum at the border.

Sandra Sanchez can be reached at SSanchez@Borderreport.com.