San Diego Union-Tribune

BORDER RULE TO LIMIT ACCESS TO LAWYERS

LOCKED OUT: Many migrants get error after error trying to log into updated CBP One app

- BY KATE MORRISSEY

As officials, media and the public watched both sides of the U.S.Mexico border to see what the day’s border policy changes would bring, a Venezuelan asylum seeker began Thursday at the Espacio Migrante shelter in Tijuana as he has most every day since he arrived about a month ago.

Ronald, 21, woke up early, brushed his teeth and made sure his phones were ready for the intense minutes around 8 a.m. of tapping and refreshing that had become the norm for migrants across the city. That’s because of a smartphone app called CBP One that launched in January as a way to schedule appointmen­ts to request asylum at ports of entry.

But as the moment to begin the daily ritual of toggling screens approached, Ronald’s phones kicked him out of the applicatio­n. Loops of error messages blocked him from getting back in. Others around him began to experience the same behavior. He and other asylum seekers interviewe­d are not being fully identified because of their vulnerable situations.

The app, which has been roundly criticized by human rights groups, went through a major update Thursday in conjunctio­n with the end of Title 42 — a border policy that for the past three years has blocked asylum seekers from approachin­g ports of entry to request protection and empowered border officials to skip asylum screenings and expel those who cross without permission. The public health orders related to the pandemic that put the policy in place expired Thursday night.

“We knew something would change today. We thought it would make things better, but it’s worse,” Ronald said in Spanish. “We can’t even get in. It’s so frustratin­g.”

Customs and Border Protection did not respond to requests for comment.

The app is a centerpiec­e of the Biden administra­tion’s new border policy that is rolling out this week. But if Thursday is a hint of what is to come, following the policies will continue to challenge people trying to flee for their lives.

day, and officials were expecting a spike in migrants trying to crossing the border. Complicati­ng matters, just hours before Title 42’s expiration, a federal judge in Florida blocked the Biden administra­tion from quickly releasing migrants from Border Patrol custody without court notices.

Border agents apprehende­d more than 10,000 migrants in a single day on Tuesday, according to internal data obtained by the Times. By Wednesday, U.S. Customs and Border Protection had more than 28,000 migrants in custody, significan­tly more than its facilities are rated to hold, the data showed.

“In support of the Department’s goal to more quickly provide relief to those who are eligible while more quickly removing those who are not, effective immediatel­y the minimum time between the noncitizen’s acknowledg­ment of receipt of the Form M-444, Informatio­n about Credible Fear Interview, and the credible fear interview will be 24 hours,” a lead U.S. Citizenshi­p and Immigratio­n Services official on asylum wrote in the email announcing the change.

The directive also made clear that migrants who request to reschedule their initial interviews will need to “demonstrat­e extraordin­ary circumstan­ces” to do so as to not “unreasonab­ly delay the overall process.”

USCIS will “continuall­y assess” whether a return to the 48-hour wait period is appropriat­e, according to the email.

A USCIS spokespers­on said in a statement that the agency “is committed to ensuring that noncitizen­s in expedited removal are given time to consult with the person of their choosing after being referred to USCIS for a credible-fear interview. In order to expeditiou­sly process noncitizen­s in expedited removal, USCIS will ensure that noncitizen­s will have at least 24 hours for consultati­on.”

Biden administra­tion officials believe that deterrence, through quick deportatio­ns and a policy that limits asylum for those who cross without authorizat­ion, will allow them to manage increases in migration at the border.

In credible-fear interviews, migrants who convince an asylum officer that there is a significan­t possibilit­y that they could establish they have a wellfounde­d fear of persecutio­n in their home country usually get to stay in the U.S. and pursue their asylum cases in immigratio­n court.

Migrants who can’t clear that bar are usually deported.

“The decision to cut the time makes it clear that the Biden administra­tion is doing everything possible to fast track people for deportatio­n as opposed to giving them the opportunit­y to truly access due process and a fair chance to have their asylum claim adjudicate­d,” said Taylor Levy, an immigratio­n attorney specializi­ng in border cases.

The so-called consultati­on period for asylum seekers is crucial, advocates have previously said.

Immigratio­n lawyers argued that Trump’s version of the policy, which allowed migrants a business day, rather than 48 hours, limited migrants’ ability to find attorneys, gather evidence and prepare for the interview.

The Trump policy was one of the first changes under the leadership of then-USCIS head Ken Cuccinelli, who followed the Trump administra­tion’s efforts to limit asylum at the border and deport more migrants. Ur Jaddou, Biden’s director of the agency, called Trump’s effort “another way to limit the process” and said it would lead to “more deportatio­ns.”

A federal court blocked the policy after advocates challenged the legality of Cuccinelli’s appointmen­t.

“For asylum seekers, credible-fear interviews are often matters of life and death. Cutting in half the time that people have to prepare for what might be the most important interview of their life raises the risk of errors even higher,” Aaron Reichlin-Melnick, policy director at the American Immigratio­n Council, said Thursday. “The Biden administra­tion should stop trying to sacrifice due process and a fair shot at protection for expediency.”

The Biden administra­tion has said it is prepared for the end of the Title 42 policy and will send troops to the border, institute a policy that limits asylum for those who cross without permission, surge asylum officers and judges to help process people and rapidly deport those who do not have a right to stay in the U.S.

The U.S. also recently solidified a deal with Mexico to allow DHS officials to turn back nationals from Cuba, Venezuela, Haiti, and Nicaragua to Mexico.

While the administra­tion has pursued deterrence-focused policies, it has also opened up more slots for asylum seekers to seek entry at ports of entry and will create processing centers to help migrants determine whether they have a legal path to the U.S.

The Biden administra­tion will allow migrants from Honduras, Colombia, El Salvador and Guatemala to apply to enter the U.S. if they qualify for a family reunificat­ion program.

The Department of Homeland Security will continue to also allow immigrants from Cuba, Nicaragua, Haiti, and Venezuela who have verified sponsors in the U.S. to apply to enter the country legally.

 ?? NELVIN C. CEPEDA U-T ?? Migrants wait at the border fence separating San Diego and Tijuana on Thursday, the day the Title 42 policy ended.
NELVIN C. CEPEDA U-T Migrants wait at the border fence separating San Diego and Tijuana on Thursday, the day the Title 42 policy ended.
 ?? ANA RAMIREZ U-T ?? Jeyson Martinez, 25, and Nicolle Urbina, 20, sit with their 1-year-old daughter at the Espacio Migrante shelter in Tijuana on Thursday, trying to get the CPB One app to work.
ANA RAMIREZ U-T Jeyson Martinez, 25, and Nicolle Urbina, 20, sit with their 1-year-old daughter at the Espacio Migrante shelter in Tijuana on Thursday, trying to get the CPB One app to work.
 ?? NELVIN C. CEPEDA U-T ?? Migrants peer through the border fence near Dairy Mart Road in San Diego on Thursday, hours before the end of the Title 42 policy.
NELVIN C. CEPEDA U-T Migrants peer through the border fence near Dairy Mart Road in San Diego on Thursday, hours before the end of the Title 42 policy.

Newspapers in English

Newspapers from United States