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  2. Custody and Transfer Statistics

Custody and Transfer Statistics FY2023

Fiscal Year 2023 runs from October 1, 2022 to September 30, 2023.
 

OFO Monthly Southwest Border Credible Fear Inadmissibles by Disposition

Disposition Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23
EXPEDITED REMOVAL-CREDIBLE FEAR (ERCF)1 205 211 215 157 182 175 146
NOTICE TO APPEAR (NTA)2 21,353 22,662 25,266 22,714 21,387 24,265 24,025
NOTICE TO APPEAR (NTA)-PERSON RELEASED 0 0 0 0 0 0 0
NOTICE TO APPEAR (NTA)-PERSON DETAINED 0 0 0 0 0 0 0
VISA WAIVER PROGRAM (VWP)-REMOVAL-LIMITED REVIEW3 0 0 0 0 0 0 0
VISA WAIVER PROGRAM (VWP)-REFUSAL LIMITED REVIEW3 1 1 0 0 0 0 0
STOWAWAY-LIMITED REVIEW3 0 0 0 0 0 0 0
Total Credible Fear Inadmissibles 21,310 22,575 25,176 22,502 21,068 24,038 23,686

Title 8 Inadmissibles

Field Office Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23
El Paso 1,788 2,423 2,687 2,952 2,735 2,810 3,092
Laredo 13,090 13,289 14,896 13,981 12,598 15,052 13,720
San Diego 8,494 8,751 9,421 7,858 7,377 7,914 8,589
Tucson 956 1,151 1,357 1,395 1,569 1,611 1,675
Total 24,328 25,614 28,361 26,186 24,279 27,387 27,076

OFO Monthly Southwest Border Credible Fear Inadmissibles by Program

  Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23
Migrant Protection Protocols (MPP)- Initial returns 0 0 0 0 0 0 0
Asylum Cooperative Agreement (ACA) Program - Expedited Removal - Credible Fear (ERCF) 0 0 0 0 0 0 0
ACA - Notice to Appear (NTA) 0 0 0 0 0 0 0
Humanitarian Asylum Review Process (HARP) Program -Expedited Removal - Credible Fear (ERCF) 0 0 0 0 0 0 0
HARP - Notice to Appear 0 0 0 0 0 0 0

OFO Monthly Southwest Border Credible Fear by Transfer Destination

Destination Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23
Federal/State/Local Facility 49 45 46 32 55 47 34
ICE/ERO 1,470 727 768 472 314 396 315
ICE/HSI 3 0 0 0 0 0 3
OFO 0 0 0 0 0 0 0
Return to Foreign 0 0 0 0 0 0 0
USBP 82 69 122 81 108 128 91
Total 1,604 841 936 585 477 571 443


1Includes subjects who indicated a desire to seek asylum or a fear of persecution in Office of Field Operations’ (OFO) custody at a port of entry. OFO refers all such claims to USCIS for a credible fear interview. Credible fear may be claimed at any time prior to removal.

2 This number reflects instances where OFO exercises its discretion and issues a Notice to Appear (NTA) to initiate removal proceedings before an immigration judge. This does not include NTAs issued at the discretion of other DHS components with authority to issue NTAs. In the event of being processed for removal with an NTA, individuals have up to one year to seek asylum while in proceedings before the immigration judge.

3 The term "limited review" refers to the process of an immigration judge considering claims of US citizenship, Lawful Permanent Residence, Asylum or Refugee status.

Field Operations - Southwest Border In Custody1

Detention Capacity Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23
In Custody Capacity 902 902 902 902 902 902 902
% 155 (17.1%)2 165 (18.3%)2 150 (16.7%)2 154 (17.04%)2 313 (34.7%)2 391 (43.35%)2 394 (43.68%)2


1 Represents an estimate of each cell's coded occupancy limit, as outlined in technical design standards when constructed, multiplied by the total number of cells for all ports of entry within each field office. This number does not account for the unique circumstances that may limit the occupancy of a given cell (e.g., high risk, nursing/pregnant, transgender, unaccompanied minor, etc.) nor does it reflect operational limitations that affect a port's capacity to detain. CBP’s capacity to detain individuals in its short-term facilities depends on many factors, including: demographics of the individual in custody; medical or other needs of individuals in custody; ability of ICE ERO (or, if an unaccompanied child, the U.S. Department of Health and Human Services) to transfer individuals out of CBP custody; and OFO's available resources to safely process and hold individuals.

2 Represents the average number of travelers in custody on a daily basis averaged over the 30-day period, at all Southwest Border Field Office locations. Travelers include inadmissible individuals, lawful permanent residents, asylees, refugees, and United States Citizens who are being detained to verify wants, warrants, criminal, administrative or other judicial process.

OFO Southwest Border T8, T19, T42

Category Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23
Title 8 24,328 25,614 28,361 26,186 24,283 27,387 27,076
Title 19 592 736 574 309 185 226 197
Title 42 2,071 1,885 1,941 1,665 1,838 2,195 2,211

USBP Monthly Southwest Border Encounters by Processing Disposition

The processing disposition decision related to each apprehension is made on a case-by-case basis. As dispositions are subject to change throughout the process, the data below does not necessarily reflect final dispositions or removals in all cases.

Processing Disposition Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23
Notice To Appear/Own Recognizance (NTA-OR) 20,932 16,730 9,770 17,832 14,729 25,843 60,747
Paroles1 68,768 90,406 130,425 5,209 27 7 1
Notice to Report (NTR) 0 0 0 0 0 0 0
Expedited Removal (ER) 11,399 6,360 6,528 15,851 11,861 10,968 8,484
Reinstatement of Prior Order of Removal 2,156 2,035 2,055 2,252 2,467 2,515 2,248
Warrant of Arrest/Notice To Appear - (Detained) 19,257 20,531 14,174 14,367 22,768 30,378 20,870
Voluntary Return 2,226 2,155 7,287 7,273 2,240 2,609 2,029
MPP 0 0 0 0 0 0 0
Other2 365 341 290 220 317 561 15,919
Total Title 8 Apprehensions 125,103 138,558 170,529 63,004 54,409 72,899 110,298


1Subjects enrolled in multiple programs are only counted once based on the following order: PACR, ACA, HARP, MPP

2Processing dispositions may include subjects that do not yet have a final disposition at the time the data was collected or subjects processed under the visa waiver program, turned over to, etc. 

USBP Monthly Southwest Border Apprehensions by Transfer Destination

Following processing, U.S. Border Patrol arranges transfer of individuals to the appropriate entity based on disposition and other factors such as criminal charges. The transfer destinations below are representative of the time data was aggregated. The data does not reflect subsequent transfer destinations after subjects leave Border Patrol custody and are subject to change if an individual returns to U.S. Border Patrol custody during the same event.

Transfer Destination Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23
Humanitarian Release 89,773 107,189 140,261 23,101 14,813 25,924 53,824
Federal1 30,611 27,011 20,735 29,987 33,848 41,014 28,701
Federal - Northern Triangle Repatriation Flights 365 303 275 127 166 263 283
Federal - Mexican Repatriation Flights 86 119 42 27 319 794 3,599
Port of Entry (Non-MPP) 3,667 3,387 8,689 9,247 4,768 4,344 9,473
Port of Entry (MPP) 0 0 0 0 0 0
State and Local Law Enforcement Agencies 465 423 389 439 407 423 336
Other2 135 126 138 75 72 82 305
Total Title 8 Transfers 125,102 138,558 170,529 63,003 54,393 72,844 96,521

1Manifested as turned over to other Federal agencies, to include Immigration and Customs Enforcement, Health and Human Services, U.S. Marshals, etc.

Includes subjects that have not been transferred out of USBP custody at the time the data was collected or subjects manifested as transferred to hospital, paroled, etc.

USBP Average Daily Subjects In Custody by Southwest Border Sector

U.S. Border Patrol facilities, such as stations and central processing centers, provide short-term holding capacity for the processing and transfer of individuals encountered by agents. Maximum facility capacity along the Southwest border is approximately 5,000, which assumes a homogenous population and full operating status at all facilities. Actual capacity fluctuates constantly based on characteristics of in-custody population, to include demographics, gender, criminality, etc.

Sector Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23
Big Bend 11 25 9 6 7 10 13
Del Rio 1,463 1,970 1,798 615 478 439 421
El Centro 507 615 782 340 281 402 307
El Paso 3,055 2,931 2,918 789 1,605 2,079 3,342
Laredo 691 991 662 537 624 932 875
Rio Grande 2,031 1,980 1,906 883 981 1,146 2,997
San Diego 1,279 1,371 1,576 620 674 1,356 1,828
Tucson 948 1,027 1,114 374 731 1,191 1,352
Yuma 1,279 1,330 1,613 684 755 1,065 1,144
Total 11,265 12,241 12,377 4,848 6,135 8,620 12,279

USBP Southwest Border SPP Program Apprehensions Since Program Inception

Apprehension Data includes Deportable Migrants Only

Data Source: EID through BPERT (Unofficial) as of 12/02/2022

SPP Program SPP Program Type Inception Date Apprehensions Since Inception
MPP NTA Program 1/28/2019 82,240
ENV Removal Modality 8/5/2019 38,555
PACR ER Program 10/7/2019 3,079
HARP ER Program 10/28/2019 614
ACA_GUAT ER Program 11/19/2019 1,489
IRI/IFP Removal Modality 12/19/2019 17,175

Migrant Protection Protocols (MPP)

The Migrant Protection Protocols (MPP) is an exercise of the Department of Homeland Security’s express statutory authority under the Immigration and Nationality Act (INA) to return certain applicants for admission, or those who enter illegally between the ports of entry, who are subject to removal proceedings under INA Section 240 Removal Proceedings to Mexico pending removal proceedings.
 

Prompt Asylum Claim Review (PACR)

The Prompt Asylum Claim Review (PACR) pathway was developed by U.S. Border Patrol (USBP), in coordination with U.S. Immigration and Customs Enforcement (ICE), U.S. Citizenship and Immigration Services (USCIS), and the Executive Office for Immigration Review (EOIR) to promptly address credible fear claims of amenable individuals.
 

Asylum Cooperative Agreement (ACA)

U.S. Customs and Border Protection (CBP), in coordination with U.S. Immigration and Customs Enforcement (ICE) Enforcement Removal Operations (ERO), and U.S. Citizenship and Immigration Services (USCIS), have executed Asylum Cooperative Agreements (ACAs) to facilitate the transfer of individuals to a third country where they will have access to full and fair procedures for determining their protection claims, based on the ACAs.
 

Humanitarian Asylum Review Process (HARP)

The Humanitarian Asylum Review Process (HARP), was developed by U.S. Customs and Border Protection (CBP), in coordination with U.S. Immigration and Customs Enforcement (ICE), U.S. Citizenship and Immigration Services (USCIS), and the Executive Office for Immigration Review (EOIR) to promptly address credible fear claims of amenable Mexican nationals.
 

Electronic Nationality Verification

Under the Electronic Nationality Verification (ENV) program U.S. Customs and Border Protection (CBP), in coordination with U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO), remove eligible noncitizens with a final order of removal to their native countries.
 

Interior Repatriation Initiative (IRI)

Under the Interior Repatriation Initiative (IRI), U.S. Customs and Border Protection (CBP), in coordination with U.S. Immigration and Customs Enforcement (ICE) Enforcement Removal Operations (ERO) and the Mexican Ministry of the Interior, remove eligible noncitizens from Mexico to the interior of Mexico.

 

Related Resources

  • Last Modified: May 19, 2023