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  4. 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
EXPEDITED REMOVAL-CREDIBLE FEAR (ERCF)1 205 211 213 156 182
NOTICE TO APPEAR (NTA)2 21,354 22,662 25,266 22,715 21,387
NOTICE TO APPEAR (NTA)-PERSON RELEASED 0 0 0 0 0
NOTICE TO APPEAR (NTA)-PERSON DETAINED 0 0 0 0 0
VISA WAIVER PROGRAM (VWP)-REMOVAL-LIMITED REVIEW3 0 0 0 0 0
VISA WAIVER PROGRAM (VWP)-REFUSAL LIMITED REVIEW3 1 1 0 0 0
STOWAWAY-LIMITED REVIEW3 0 0 0 0 0
Total Credible Fear Inadmissibles 21,310 22,575 25,160 22,477 21,042

Title 8 Inadmissibles

Field Office Oct-22 Nov-22 Dec-22 Jan-23 Feb-23
El Paso 1,788 2,424 2,687 2,952 2,736
Laredo 13,090 13,289 14,896 13,983 12,601
San Diego 8,494 8,751 9,421 7,858 7,377
Tucson 956 1,151 1,357 1,395 1,569
Total 24,328 25,615 28,361 26,188 24,283

OFO Monthly Southwest Border Credible Fear Inadmissibles by Program

  Oct-22 Nov-22 Dec-22 Jan-23 Feb-23
Migrant Protection Protocols (MPP)- Initial returns 0 0 0 0 0
Asylum Cooperative Agreement (ACA) Program - Expedited Removal - Credible Fear (ERCF) 0 0 0 0 0
ACA - Notice to Appear (NTA) 0 0 0 0 0
Humanitarian Asylum Review Process (HARP) Program -Expedited Removal - Credible Fear (ERCF) 0 0 0 0 0
HARP - Notice to Appear 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
Federal/State/Local Facility 50 45 46 34 58
ICE/ERO 1,469 727 766 471 311
ICE/HSI 3 0 0 0 0
OFO 0 0 0 0 0
Return to Foreign 0 0 0 0 0
USBP 82 69 122 82 108
Total 1,604 841 934 587 477


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
In Custody Capacity 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


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
Title 8 24,328 25,615 28,361 26,188 24,283
Title 19 592 736 574 306 185
Title 42 2,071 1,885 1,941 1,669 1,838

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
Notice To Appear/Own Recognizance (NTA-OR) 20,930 16,729 9,769 17,840 14,403
Parole + ATD1 68,822 90,468 130,505 5,214 28
Notice to Report (NTR) 0 0 0 0 0
Expedited Removal (ER) 11,422 6,361 6,530 15,875 11,792
Reinstatement of Prior Order of Removal 2,154 2,036 2,055 2,255 2,452
Warrant of Arrest/Notice To Appear - (Detained) 19,191 20,501 14,111 14,349 22,751
Voluntary Return 2,222 2,150 7,285 7,259 2,193
MPP 0 0 0 0 0
Other2 2,159 2,053 1,553 1,761 4,505
Total Title 8 Apprehensions 126,900 140,298 171,808 65,582 58,124


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, paroled, 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
Humanitarian Release 89,825 107,250 140,339 23,113 14,251
Federal1 30,750 27,054 20,853 30,191 32,439
Federal - Northern Triangle Repatriation Flights 365 303 275 127 164
Federal - Mexican Repatriation Flights 90 157 57 81 779
Port of Entry (Non-MPP) 5,285 4,992 9,780 10,507 7,567
Port of Entry (MPP) 0 0 0 0
State and Local Law Enforcement Agencies 463 429 388 452 420
Other2 122 113 116 80 318
Total Title 8 Transfers 126,900 140,298 171,808 64,551 55,938

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

2Includes 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
Big Bend 11 25 9 6 7
Del Rio 1,463 1,970 1,798 615 478
El Centro 507 615 782 340 281
El Paso 3,055 2,931 2,918 789 1,619
Laredo 691 991 662 537 627
Rio Grande 2,031 1,980 1,906 883 982
San Diego 1,279 1,371 1,576 620 674
Tucson 948 1,027 1,114 374 730
Yuma 1,279 1,330 1,613 683 759
Total 11,265 12,241 12,378 4,847 6,156

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 82,241
ENV Removal Modality 8/5/2019 38,288
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 15,818

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: March 10, 2023