International Human Rights Clinic Report Exposes Privacy Breaches and Discrimination in Migrant Data Collection
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The International Human Rights Clinic (IHRC) is a non-profit, nonpartisan, law school legal clinic dedicated to promoting and protecting human rights in the United States and around the world. In August 2022, the IHRC created responsive programming providing legal information to the immigrant population arriving in Chicago, IL. While serving the community, the IHRC learned concerning information about the use of the CBP One application and the role it has in accessing the U.S.-Mexico Border. Shortly after learning that, the clinic decided to investigate the data collection, information sharing procedures, and challenges users experience navigating the application.
The issue of the digitalization of government conduct and its impact in human rights has been an important conversation during the Summit of the Future- an event held this past September 2024 that brought together world leaders to address pressing global issues, such as peace and security, climate change, digital cooperation, and human rights, and resulted in the adoption of the “Pact of the Future.” One of the key issues covered was the international responsibility of States in data governance with respect to AI, data collection and safeguarding, and sharing while emphasizing the need for transparency, accountability, and robust human oversight in compliance with international law.
Recognizing this important work in Privacy and Human Rights, the International Human Rights Clinic published its report titled “CBP One Mobile Application: Violating Migrants’ Rights to Privacy and Freedom from Discrimination” with the National Lawyers Guild Chicago. In this investigation, the clinic found that CBP collects and stores sensitive data to share information amongst government agencies and private entities without migrants’ consent, and allows for discrimination through the use of inherently biased facial recognition technology (FRT). The use of the CBP One application for certain asylum seekers and humanitarian parolees results in mass surveillance, a severe breach of privacy, and discrimination on the basis of race, color, sex, language, national origin, and immigration status.
“Without privacy protections, personal information could be used to facilitate surveillance and target immigrant communities for deportation. Immigrants may hesitate to access vital services for fear that their personal information could be shared with immigration enforcement agencies.” Staff Attorney, Alejandra Palacios says. “We must hold the U.S. Government accountable and take action to protect and promote human rights for all immigrants.”
Professor and Director of the International Human Rights Clinic, Sarah Dávila, says “The CBP One Mobile Application report is our third report under the clinic’s Privacy and Human Rights Project. It continues to build upon this important human rights work in a digital world that is rapidly evolving. We plan to continue holding the U.S. and others accountable for their violations of important human rights.”
A special thank you to the National Lawyers Guild Chicago Chapter for partnering with us on this and to all the contributors throughout this multi-year project.