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Waiting in limbo in Mexico City, asylum-seekers pin hopes on app

CBP One, the U.S. Customs and Border Protection app, aims to digitize migrants' path towards asylum. Advocates say its long wait times put already vulnerable people in danger.

MEXICO CITY (CN) — In January, 23-year-old Jean Carlos fled Venezuela with his wife Diana Carolina and their two children.

The family is now among hundreds of migrants seeking refuge at Church of La Soledad in the La Merced neighborhood of downtown Mexico City.

Cots in the church filled up quickly, and its outside plaza has become a makeshift migrant camp filled with tents and wood-fire stoves. This neighborhood — where many South American migrants arrive by bus — isn’t the safest, either. It’s long had a reputation for vice and illicit trade, a place where people have to fight to survive.

Many in this plaza, including the Carlos family, are waiting on digital appointments on CBP One. U.S. Customs and Border Protection launched the app in October 2020 to provide mobile access to some of the agency's functions. 

Following the lifting of Title 42, a Trump-era public health measure that automatically expelled most migrants and put a temporary end to new asylum claims, CBP expanded the app to process asylum appointments. Through it, migrants learn which of eight border ports of entry that use CBP One will be processing their asylum request. If migrants can prove credible fear of returning to their home country, CBP will allow their entry into the U.S.

But with the app marred by long wait times and other issues, critics say it's putting migrants in a dangerous limbo. In a 68-page report this month, Human Rights Watch said the app “feeds cartel needs for a vulnerable population to prey upon.”

"Previously, asylum-seekers would stay at shelters for short periods of time — often only a matter of days,” the report said. “They now spend much longer waiting for a CBP One appointment, creating a greater need for services like medical and psychological care.”

In an interview on May 6, the Carlos family had already been waiting on their CBP One appointment for more than 20 days. Everyone in the plaza is waiting, Diana Carolina said. 

It had been a harrowing journey. The family first made it through Colombia, then through the Darién Gap in Panama. In the gap — infamous for its rainforests and rugged terrain — Jean Carlos said he saw entire families drowned in rivers or dead at the bottom of canyons and ravines. 

Carlos has tried finding steady work around the plaza, but the pay is scant and he says employers take advantage of migrants’ desperation. He found a job at a nearby food stall, but on top of the bribes paid to keep the job, the pay was so little that he walked away with almost nothing. 

In the end, Carlos decided work wasn’t worth the trade-offs. In particular, he fears what might happen to his children while he’s gone.

“I have heard of kidnappings on the way towards the border,” Carlos said. “They'll take you and make you or your family pay to be released.” If that happened, he wasn’t sure if or how he could get his children back. "I have no money,” he said. “I have no family that can help me."

Life in the plaza was dangerous and degrading in other ways. "The Mexican people tell us we're not supposed to be here, to go back home," Diana Carolina said one afternoon as she watched over one of her children in the plaza.

"They charge us one dollar to charge our phones at the store every time we need to charge it,” she said. “The locals around the neighborhood get mad at us for using the internet, but it's a public plaza. And the internet doesn't work most of the time anyway, so we have to buy data for our phones."

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“We just want a better future for our family,” Jean Carlos said. 

Waiting out the asylum process in Venezuela wasn’t an option: CBP One tracks users’ locations and cannot be accessed south of Mexico City.

Nor does CBP One actually grant asylum. Instead, "the app is the initial inspection in the asylum process," Raul Pinto, deputy legal director at the American Immigration Council, said in a phone interview. “There is a lag time between when the appointment is requested and when the appointment is available.” Just to request one, migrants have to log on every day.

A migrant family from Venezuela walks to a Border Patrol transport vehicle in Del Rio, Texas, after crossing the U.S.-Mexico border and turning themselves in on June 16, 2021. (AP Photo/Eric Gay, File)

The app has faced complaints from immigration advocates since its launch. It requires users to take selfies, but the functionality doesn’t always work properly for people with darker skin tones. There are concerns about the surveillance implications of leaving digital footprints in border control systems, as well as digital literacy and translation issues. 

CBP claims these issues have been rectified. The app has been updated 58 times. 

“There is no privacy risk to transparency,” the agency claims in a densely worded Privacy Impact Statement for the app. “CBP One™ is public-facing and voluntarily available for the public to use." The word “voluntary” is doing a lot of heavy lifting here: While technically true, CBP One is now the de facto way for migrants to make immigration appointments.

Then, there’s the question of who gets access to the app. Not everyone has a smartphone, the internet, phone data or a charger.

“People experience violence and robbery along the way,” Alejandro Olayo-Méndez, a Jesuit priest and assistant professor at the Boston College School of Social Work, said in a phone interview. “They can lose their phone, or their phones get damaged.”

For all these reasons, advocates say that at best, CBP One isn’t serving its purpose. At worst, they say it’s putting people in peril. 

As asylum-seekers wait for appointments, the risks they face also increase. Olayo-Méndez has heard first-hand accounts of kidnappings. The kidnappers take pictures and videos of their victims suffering horrific violence, then use the victims’ phones to send ransom demands to their families.

"Not having enough appointments defeats the point of the app itself," he said. “The system needs to provide appointments, and it needs to increase the amount of appointments." 

The Carlos family are far from the only people facing challenges from the CBP One app. Tania, who only wanted to give her first name, started her voyage from Ecuador months ago. Along with her Colombian husband, she had been waiting in Plaza Soledad for an appointment for two weeks.

"I check the app every day, and then I have to make another appointment every day,” she said in an interview. “We can't stay here any longer. It's very uncomfortable being here in this situation.” 

“We have to eat somehow. We have to be able to charge our phones,” she said. “If we don't get an appointment soon, we're just going to keep going.”

Like Tania and her husband, the Carlos family is also considering next steps. Many in the plaza personally know or have heard stories about people who have made it further north or even successfully entered the U.S.

Jean Carlos has heard stories of people who, tired of waiting on appointments, traveled to the border on trains — but that option also presented risks. "I've heard about people falling off the trains, losing legs or dying,” he said. “I don't want to put my children through that.”

As soon as they can get the money, the Carlos family is preparing to catch a bus further north to Monterrey. From there, they hope to get to the border. In the meantime, “we have to be here, waiting,” Jean Carlos said. “There are blows in life, there are blows to being a migrant.”

Categories / Immigration, International, Technology

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