Last week, the Biden Administration announced plans for a new policy that would make it difficult or impossible for migrants to cross the southern border for the purpose of applying for asylum. The new rule would summarily expel most asylum seekers unless they have 1) been rejected for asylum in a third country they have passed through (usually Mexico), 2) they have used the CBP One cellphone app to make an appointment for an asylum interview with a Customs and Border Protection (CBP) official, or 3) they can prove that an “ongoing and serious obstacle” prevents them from doing one of the above (the burden of proof is on the asylum seeker).

Critics rightly point out that many asylum seekers don’t have access to cellphones or cannot use the app for other reasons. Among other problems, it is notoriously prone to various glitches. Even if the app works as it is supposed to, migrants who use it may have to wait months to get an interview, during which time they are likely to be exposed to dangerous conditions in Mexico or Central America.