A/HRC/56/68/Add.1 53. “Prevention by deterrence” policies, grounded upon systemic racism, fail to recognize that many push factors for migration to the United States, such as climate change and conflict and insecurity, are rooted in colonialism and slavery and thus should be responded to through a reparatory justice lens. Additionally, the Special Rapporteur received reports during her visit that current policies do not always allow for a full and individualized assessment of international protection claims. Practices, including maritime interdictions, pushbacks at the border, and deportations without judicial review, reportedly result in violations of the fundamental principle of non-refoulement. The Special Rapporteur also received reports that discriminatory treatment in the migration process is exacerbated by the lack of full language accessibility in the system. The Special Rapporteur welcomes measures by the federal Government to address migration issues, particularly the cessation of Title 42 in 2023 and the 2021 Proclamation on Ending Discriminatory Bans on Entry to The United States. M. Digital technologies and racial discrimination 54. The Special Rapporteur is concerned about the increasing use of artificial intelligence technologies within many facets of public life, including health care, education, migration governance, and law enforcement, despite the experimental nature of such technologies and the significant potential for algorithmic bias and the deepening of racial inequalities. She welcomes Executive Order 14110, entitled Safe, Secure and Trustworthy Development and Use of Artificial Intelligence, and the multiple references therein to the risks of bias and discrimination in the use of artificial intelligence. Yet, despite robust research setting forth profound algorithmic bias in digital commercial products in use, there is a lack of explicit reference to racial discrimination and bias. 55. The Special Rapporteur is concerned by racially disparate access to digital technologies; the unreliable nature of some digital technologies used in the provision of government services, such as the electronic monitoring systems required by those on probation, and the Customs and Border Protection One app (an online platform designed to allow access to a range of United States Customs and Border Protection services); the tolerance of racialized error rates in digital commercial products; and the language inaccessibility of many digital tools used by the Government to administer essential public services. The Special Rapporteur was particularly concerned by reports that asylum-seekers of African descent have not been able to access the Customs and Border Protection One app because the photographic recognition systems used sometimes do not recognize darker skin tones. N. Protection from caste-based discrimination 56. Caste-based discrimination is reportedly multifaceted and highly prevalent in many parts of the United States. Despite a narrative that caste-based discrimination does not exist among the South Asian diaspora, the lived experiences of individuals affected are in sharp contrast to this. Structural caste discrimination within the United States has complex historical roots and multiple manifestations, including high levels of psychological fear about being “outed” as “lower caste”; discrimination in education, the workplace and religious settings; and interpersonal abuse, including violence.26 57. Caste is not a protected ground in most anti-discrimination legislation at the federal and state levels, despite the International Convention on the Elimination of All Forms of Racial Discrimination providing protection from caste-based discrimination, as a form of descent-based discrimination.27 Such a lack of legal protection contributes to the insidious and invisible nature of caste-based discrimination and creates a culture of impunity for perpetrators, as victims have no formal recourse. The Special Rapporteur highly commends Seattle for recently adding caste as a protected ground within state anti-discrimination legislation, setting an important precedent for the country. She is, on the other hand, 26 27 GE.24-08027 Maari Zwick-Maitreyi and others, Caste in the United States: A Survey of Caste Among South Asian Americans (Equality Labs, 2018). Committee on the Elimination of Racial Discrimination, general recommendation No. 29 (2002). 13