In a long-awaited move, the U.S. Customs and Border Protection (CBP) agency has finally released 2912 pages of documentation related to its controversial CBP One mobile application, following a Freedom of Information Act (FOIA) request submitted by Access Now in collaboration with the Harvard Law School Cyberlaw Clinic.
The request sought records from the app's launch until December 2022, shedding light on its use for automated decision-making, profiling, and registering migrants, refugees, asylum seekers, stateless people, and other individuals on the move. After a 15-month wait without an adequate response, Access Now sued CBP in May 2024, leading to the agency's eventual release of 11 document sets in late September.
Unpacking the Records
The released documents, which include at least four sets in response to the litigation process, are largely redacted and contain previously public information. While the review process is ongoing, previous experiences have shown that relevant information may be obscured among thousands of pages, with excessive use of redactions.
The CBP One application raises concerns about migrants' well-being due to obstacles in securing appointments and a lack of transparency around personal data processing and purposes. The released records aim to shed light on whether migrant personal data is being weaponized against them, but Access Now remains cautious about the quality of the information provided.
Ongoing Efforts
Access Now continues to push for transparency and accountability, with an open lawsuit against U.S. Immigration and Customs Enforcement (ICE) for delayed and inadequate FOIA responses. Additionally, the organization has unresolved FOIA requests pending with the Department of Homeland Security (DHS) and the Department of State (DoS).
To exhaustively review and assess the documentation, Access Now invites civil society partners interested in the topic to contact them and work jointly.
Target Keyword Usage:
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