CBP One App and Challenges in Asylum Applications: Can Those Who Arrive After May 11th Still Apply for Asylum?

By Asim Kilinc, Immigration Attorney at CK Law Firm

In this article, you will learn about:

• CBP One App and Asylum Applications: When and how the CBP One app was introduced, how it impacted the appointment process at the border for immigrants, and the technical issues encountered.
• Legal Regulations: New asylum application rules introduced by the Biden administration and how these rules affect immigrants seeking to apply for asylum at the border.
• Exceptions in Asylum Applications: How the right to apply for asylum is preserved in exceptional situations, such as unaccompanied minors, technical issues, life-threatening circumstances, and family unity.
• Alternative Legal Paths: What alternative legal routes are available for immigrants who cannot use the CBP One app or secure an appointment.
• Legal Challenges: Lawsuits filed against the limitations of the CBP One app and how these lawsuits may affect immigration applications.

In January 2023, U.S. Customs and Border Protection (CBP) launched an updated version of the CBP One app. This app allowed immigrants seeking to make their first asylum application in the United States to schedule appointments at the U.S.-Mexico border. However, the app faced widespread technical problems, and many immigrants did not have access to the necessary technology, lacked language options for non-English speakers, or faced other barriers to using the system. Despite this, beginning on May 11, 2023, cases emerged where asylum claims were rejected by immigration judges for immigrants who did not use the CBP One app at the border. While there are certain exceptions to this rule, the validity of these regulations is still being debated in court.

As an immigration attorney, this article will cover the key information about the CBP One app and how individuals who cannot secure an appointment can overcome barriers to applying for asylum:

Why Isn’t the CBP One App Working?

According to the new rules established by the Biden administration, certain foreign nationals crossing the U.S.-Mexico border cannot apply for asylum unless they follow legal channels. These new regulations are explained under INA § 212(a)(7), which imposes a ban on asylum applications for individuals entering the U.S. through the southwest land border without legal documentation. These rules apply to individuals entering the U.S. via Mexico or another third country between May 11, 2023, and May 11, 2025.

Individuals who meet these criteria and fail to obtain an appointment through the CBP One app at the border may have their asylum claims rejected. However, some exceptions exist, and individuals falling under these exceptions may still apply for asylum.

How to Overcome the Asylum Ban with the CBP One App?

• Unaccompanied Minors: Children under the age of 18 entering the U.S. alone will not be barred from applying for asylum even if they do not use the CBP One app. This is explicitly stated under 6 USC § 279(g)(2).
• Technical Issues and Other Barriers: If serious technical issues arise with the app or if it is not possible to use the app due to language barriers, illiteracy, or other reasons, this may qualify as an exception. According to 8 CFR § 208.33(a)(2)(B), individuals who could not obtain an appointment due to such technical or language issues should provide evidence. Gathering evidence such as error messages, emails requesting help, or testimonies can be crucial at this stage.
• Life-Threatening Circumstances: According to 8 CFR § 208.33(a)(3)(B), if an immigrant faces a serious life-threatening danger, this may be considered an exception. Individuals facing threats such as rape, torture, kidnapping, or murder can invoke this exception.
• Family Unity: Another important exception is related to family members. If a family member is eligible to apply for asylum, but other family members are not independently eligible, the primary applicant’s right to asylum may extend to their family members. This is outlined in 8 CFR 1208.33(c).

Alternative Paths Outside of CBP One

Individuals who cannot use the CBP One app or obtain an appointment may explore other legal avenues. These include various ways immigrants can submit their applications.

Legal Challenges Against CBP One Restrictions

Various lawsuits have been filed against the limitations of the CBP One app, and these lawsuits may result in changes to current regulations. For instance, in the recent Loper Bright Enterprises v. Raimondo decision, it was stated that courts are not obligated to rely on administrative agencies’ interpretations in unclear legal regulations. This decision may play a role in eliminating uncertainties surrounding asylum applications.

In conclusion, using the CBP One app is a crucial step for immigrants in the asylum application process. Individuals who arrive without an appointment through this app may still apply for asylum, but before the final court decision, they will be asked to provide a defense as to why they did not enter using the CBP One app. Discussing these details with your attorney and preparing a solid defense can help overcome these barriers, as exceptions and alternative paths still exist, and with sufficient evidence, these challenges can be surmounted.

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.

Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.

Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.

Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.