US, District Court for the Southern District of California, 27 July 2023, AOL v. Mayorkas II

Case Overview

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CountryUnited States

Deciding BodyLower National Court

AreaAsylum

UserPublic

Case NameAOL v. Mayorkas II

Authority (English)District Court for the Southern District of California

TechnologyFacial Recognition

ProviderPublic

Decision Date27 July 2023

Authority (Original)District Court for the Southern District of California

Grounds for DecisionHuman Rights Law

Legal Requirement(In process)

Case Summary

(Current state: class-action complaint filed)
This case challenges the Biden administration’s policy of turning back vulnerable asylum seekers at the U.S.-Mexico border with the use of the CBP App. The lawsuit, brought on behalf of two NGOs and ten individual asylum seekers, argues that the government’s practice of denying access to the asylum process unless individuals can secure an appointment through the CBP One app violates U.S. law, due process rights, and international obligations. The CBP One app has been deemed inaccessible to many asylum seekers, particularly those who are marginalized, lack literacy in supported languages, or face technical issues. Despite recent legal challenges to the policy, it remains in effect, leaving vulnerable individuals stranded in shelters and encampments in Mexican border cities rife with violence and crime. The lawsuit aims to address the unlawfulness and human rights violations associated with the turnback policy.

Updates on the case

Further notes on contested technology

  • → The technology is deployed

Additional resources

For more information see: https://ccrjustice.org/AOLII

Author of the case note

Francesca Palmiotto