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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
Total Credible Fear Inadmissibles 21,268


Title 8 Inadmissibles

Field Office Oct-22
El Paso 1,787
Laredo 13,089
San Diego 8,497
Tucson 957
Total 24,330

OFO Monthly Southwest Border Credible Fear Inadmissibles by Program

Migrant Protection Protocols (MPP)- Initial returns 0
Asylum Cooperative Agreement (ACA) Program - Expedited Removal - Credible Fear (ERCF) 0
ACA - Notice to Appear (NTA) 0
Humanitarian Asylum Review Process (HARP) Program -Expedited Removal - Credible Fear (ERCF) 0
HARP - Notice to Appear 0

OFO Monthly Southwest Border Credible Fear by Transfer Destination

Destination Oct-22
Federal/State/Local Facility 51
ICE/ERO 1475
Return to Foreign 0
Total 1,611

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
In Custody Capacity 902
% 155 (17.1%)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
Title 8 24,330
Title 19 590
Title 42 2,075

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
Notice To Appear/Own Recognizance (NTA-OR) 20,499
Parole + ATD1 68,837
Notice to Report (NTR) 0
Expedited Removal (ER) 11,379
Reinstatement of Prior Order of Removal 2,156
Warrant of Arrest/Notice To Appear - (Detained) 18,931
Voluntary Return 2,166
Other2 3,903
Total Title 8 Apprehensions 127,871

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
Humanitarian Release 88,427
Federal1 29,083
Federal - Northern Triangle Repatriation Flights 357
Federal - Mexican Repatriation Flights 369
Port of Entry (Non-MPP) 5,701
Port of Entry (MPP)
State and Local Law Enforcement Agencies 476
Other2 372
Total Title 8 Transfers 124,785

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 5,600, 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
Big Bend 11
Del Rio 1,463
El Centro 507
El Paso 3,086
Laredo 691
Rio Grande 2,032
San Diego 1,279
Tucson 948
Yuma 1,281
Total 11,298

USBP Southwest Border SPP Program Apprehensions Since Program Inception

Apprehension Data includes Deportable Migrants Only

Data Source: EID through BPERT (Unofficial) as of 11/03/2022

SPP Program SPP Program Type Inception Date Apprehensions Since Inception
MPP NTA Program 1/28/2019 82,248
ENV Removal Modality 8/5/2019 37,409
PACR ER Program 10/7/2019 3,079
HARP ER Program 10/28/2019 588
ACA_GUAT ER Program 11/19/2019 1,486
IRI/IFP Removal Modality 12/19/2019 14,220

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.


  • Last Modified: November 14, 2022