The DOJ responded to criticism of the CBP One app, emphasizing that it is available in the primary languages of the nationalities seeking asylum at the southern border and continues to be updated to meet demand. The department also countered the groups’ argument that the app’s promotion was inadequate, pointing out that demand for appointments has exceeded availability, indicating widespread awareness.
Additionally, the government continued to defend a rule requiring noncitizens facing expedited removal to manifest fear of persecution or torture without being asked, in order to be referred for a credible fear interview. The DOJ pushed back against claims that this rule was unlawful, asserting that the Immigration and Nationality Act places the responsibility on the noncitizen to indicate any fear or intention to apply for asylum. The DOJ argued that the rule provided a reasonable and flexible process, allowing noncitizens to express such fears at any point during the expedited removal process.
