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Nationwide Enforcement Encounters: Title 8 Enforcement Actions and Title 42 Expulsions

On March 21, 2020 the President, in accordance with Title 42 of the United States Code Section 265, determined that by reason of existence of COVID-19 in Mexico and Canada, there is a serious danger of the further introduction of COVID-19 into the United States; that prohibition on the introduction of persons or property, in whole or in part, from Mexico and Canada is required in the interest of public health. Under this order, CBP is prohibiting the entry of certain persons who potentially pose a health risk, either by virtue of being subject to previously announced travel restrictions or because they unlawfully entered the country to bypass health screening measures. To help prevent the introduction of COVID-19 into border facilities and into the United States, persons subject to the order will not be held in congregate areas for processing and instead will immediately be expelled to their country of last transit. In the event a person cannot be returned to the country of last transit, CBP works with interagency partners to secure expulsion to the person’s country of origin and hold the person for the shortest time possible. This order does not apply to persons who should be excepted based on considerations of law enforcement, officer and public safety, humanitarian, or public health interests. Expulsions under Title 42 are not based on immigration status and are tracked separately from immigration enforcement actions, such as apprehension or inadmissibility, that are regularly reported by CBP.

 

U.S. Border Patrol Monthly Enforcement Encounters 2020: Title 42 Expulsions and Title 8 Apprehensions

U.S. Border Patrol (USBP)Enforcement ActionsMARAPRFY20 TD TOTAL
Southwest Border
Title 42 Expulsions26,44414,41620,860
Title 8 Apprehensions123,5581,446186,067
Total30,00215,862206,967
Northern BorderTitle 42 Expulsions2131427
Title 8 Apprehensions114791,581
Total160231,608
Land Border TotalTitle 42 Expulsions26,45714,43020,887
Title 8 Apprehensions123,7051,455187,648
USBP - Total Land Border Enforcement Encounters30,11215,885208,535

1Enforcement Actions refers to apprehensions or inadmissibles processed under CBP’s immigration authority. Inadmissibles refers to individuals encountered at ports of entry who are seeking lawful admission into the United States but are determined to be inadmissible, individuals presenting themselves to seek humanitarian protection under our laws, and individuals who withdraw an application for admission and return to their countries of origin within a short timeframe. Apprehensions refers to the physical control or temporary detainment of a person who is not lawfully in the U.S. which may or may not result in an arrest.

2Expulsions refers to individuals encountered by USBP and OFO and expelled to the country of last transit or home country in the interest of public health under Title 42 U.S.C. 265.

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Office of Field Operations Monthly Enforcement Encounters 2020: Title 42 Expulsions and Title 8 Inadmissible Aliens

Office of Field Operations (OFO)Enforcement ActionsMARAPRFY20 TD TOTAL
Southwest Border
Title 42 Expulsions269519588
Title 8 Inadmissibles13,99340844,983
Total4,06292745,571
Northern BorderTitle 42 Expulsions27714
Title 8 Inadmissibles13,55746524,033
Total3,58447224,047
Land Border TotalTitle 42 Expulsions276526602
Title 8 Apprehensions17,57087369,016
OFO - Total Land Border Enforcement Encounters7,646139969,618


2Expulsions refers to individuals encountered by USBP and OFO and expelled to the country of last transit or home country in the interest of public health under Title 42 U.S.C. 265.1Enforcement Actions refers to apprehensions or inadmissibles processed under CBP’s immigration authority. Inadmissibles refers to individuals encountered at ports of entry who are seeking lawful admission into the United States but are determined to be inadmissible, individuals presenting themselves to seek humanitarian protection under our laws, and individuals who withdraw an application for admission and return to their countries of origin within a short timeframe. Apprehensions refers to the physical control or temporary detainment of a person who is not lawfully in the U.S. which may or may not result in an arrest.

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Last modified: 
May 7, 2020