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  4. Custody and Transfer Statistics FY2020

Custody and Transfer Statistics FY2020

Fiscal Year 2020 runs from October 1, 2019 to September 30, 2020

OFO Monthly Southwest Border Credible Fear Inadmissibles by Disposition 

Disposition Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20
Expedited Removal - Credible Fear (ERCF)1 1,324 1,552 671 9 44 36 17 49 53
Notice to Appear (NTA)2,7 2,521 1,475 790 15 16 11 15 27 21
Notice to Appear (NTA) - Person Released 0 0 0 0 0 0 0 0 0
Notice to Appear (NTA) - Person Detained 0 0 0 0 0 0 0 0 0
Visa Waiver Program (VWP)-Removal - Limited Review3 1 0 0 0 0 0 0 0 0
Visa Waiver Program (VWP)-Refusal - Limited Review3  0 0 0 0 0 0 0 0 0
Stowaway - Limited Review3 0 0 0 0 0 0 0 0 0
Total Credible Fear Inadmissibles 3,846 3,027 1,461 24 60 47 32 75 75

Title 8 Inadmissibles 

Field Office Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20
El Paso 1,274 966 625 54 109 152 203 185 195
Laredo 2,716 2,414 1,447 203 407 362 424 484 592
San Diego 2,442 2,181 1,343 89 175 229 218 262 279
Tucson 947 1,045 584 58 104 112 53 87 99
Total 7,379 6,606 3,999 404 795 855 898 1,018 1,165

OFO Monthly Southwest Border Credible Fear Inadmissibles by Program

  Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20
Migrant Protection Protocols (MPP)4 - Initial returns 397 253 246 3 0 0 0 1 0
                   
Asylum Cooperative Agreement (ACA)5 Program - Expedited Removal - Credible Fear (ERCF) 5 21 16 0 0 0 0 0 0
ACA - Notice to Appear (NTA) 0 0 8 0 0 0 0 0 0
                   
Humanitarian Asylum Review Process (HARP)Program  -Expedited Removal - Credible Fear (ERCF) 181 483 355 0 0 0 0 0 0
HARP - Notice to Appear 144 86 74 0 0 0 0 0 0

OFO Monthly Southwest Border Credible Fear by Transfer Destination

Destination Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20
Federal/State/Local Facility 131 173 59 6 9 7 11 11 18
ICE/ERO 1,877 1,408 472 15 45 39 11 58 49
ICE/HSI 6 0 4 1 0 0 0 1 0
OFO 28 14 5 0 0 0 0 0 0
Return to Foreign 400 269 264 0 0 0 0 1 0
USBP 653 800 507 0 0 0 0 0 3
Total 3,095 2,664 1,311 22 54 46 22 71 70
1Includes subjects who claimed credible fear in Office of Field Operations (OFO) custody at a port of entry.  OFO refers all such claims to USCIS. Credible fear may be claimed at any time prior to removal.
2Office of Field Operations has the discretion to process arriving aliens for expedited removal or notice to appear in removal proceedings or other disposition.  In the event of NTA disposition, applicants for admission have up to one year to seek asylum and while proceeding before the immigration judge.
3The term "limited review" refers to the process of an immigration judge considering prior administrative adjudicated claims of US citizenship, Lawful Permanent Residence, Asylum or Refugee status.  The immigration judge considers only the claim to such benefit and not the underlying inadmissibility or removal ground that may apply in the alien's case.
4Migrant Protection Protocols (MPP) - An exercise of the Department of Homeland Security’s (DHS) 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.  Aliens processed for MPP are released from detained immigration docket while awaiting their removal proceedings and like all alien asylum seekers have up to one year after initiation of removal proceedings to claim fear and file form I589 to have their claims heard by an Asylum Officer or Immigration Judge.
5Asylum Cooperative Agreement (ACA) - CBP, in coordination with ICE Enforcement Removal Operations (ERO), and USCIS, have executed ACAs to facilitate the transfer of aliens to a third country where they will have access to full and fair procedures for determining their protection claims, based on the ACAs. Currently, Guatemala is the only ACA participant.  
6Humanitarian Asylum Review Process (HARP) - Developed by Customs and Border Protection (CBP), in coordination with ICE, USCIS, and EOIR to promptly address credible fear claims of amenable Mexican nationals.
7Initial disposition of Expedited Removal is converted to a Notice to Appear in full removal proceedings after a preliminary finding by Asylum Officer, Supervisor or Immigration Judge of credible fear; Custody status is most likely released on recognizance or "Order of Recognizance" pending discretion of an asylum grant.  Legal status while out of custody is parole until asylum is granted.  Continued detention of a migrant who has more likely than not demonstrated credible fear is not in the interest of resource allocation or justice.

Field Operations - Southwest Border In Custody1

Detention Capacity Jun-20 Jul-20 Aug-20 Sep-20
1005  44 (4.40%)2 43 (4.32%)2 51 (5.04%)2 49 (4.88%)
1Represents an estimate of each cell's code 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 alien children, 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.
2Represents 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 aliens, 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 (T19 and T42 since 3/21/2020)

Category Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20
Title 8 7,379 6,606 3,999 404 795 855 898 1,018 1,165
Title 19 0 0 1,091 4,181 5,971 8,223 7,915 7,730 6,990
Title 42 0 0 3,810 519 851 1,358 1,495 1,711 1,745

 OFO Southwest Border T8, T19, T42 (T19 and T42 since 3/27/2020)

Category Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20
Title 8 7,379 6,606 3,999 404 795 855 898 1,018 1,165
Title 19 0 0 1,076 4,181 5,971 8,223 7,915 7,730 6,990
Title 42 0 0 69 519 851 1,358 1,495 1,711 1,745

USBP Monthly Southwest Border Apprehensions by Processing Disposition

The processing disposition decision related to each apprehension is made on a case-by-case basis. The processing dispositions below are representative of the time data was aggregated. As dispositions are subject to change throughout the immigration process, the data does not necessarily reflect final dispositions or removals. 

Processing Disposition Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20
Expedited Removal (ER) 10,858 11,931 7,771 334 389 667 737 845 1,157
PACR, HARP, ACA1 1,391 1,261 862            
Notice To Appear/Order of Recognizance- Released 76 91 84 2 1 14 7 10 23
Reinstatement of Prior Removal 8,886 9,258 6,683 320 535 711 775 1,136 1,332
Voluntary Return 1,336 1,331 2,476 79 139 162 170 181 161
Warrant/Notice To Appear (NTA) - Detained 3,648 3,552 2,953 187 223 259 479 866 1,775
MPP1 2,612 2,255 2,163 218 184 250 448 949 1,312
Other2 398 398 316 39 78 303 544 554 684
Total Title 8 Apprehensions 29,205 30,077 23,308 1,179 1,549 2,366 3,160 4,541 6,444
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 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20
Humanitarian Release 79 92 85 2 1 16 7 11 19
Federal1 9,509 9,929 7,265 669 804 1,161 1,451 2,035 3,399
Federal - Northern Triangle Repatriation Flights 3,029 3,453 1,939 11 7 6 5 9 14
Federal - Mexican Repatriation Flights 672 1,431 578 6 34 285 429 463 489
Port of Entry (Non-MPP) 11,205 10,681 9,502 219 386 461 580 796 952
Port of Entry (MPP) 2,617 2,267 2,354 218 184 248 450 948 1,312
State and Local Law Enforcement Agencies 1,803 2,022 1,425 32 106 116 126 152 151
Other2 293 201 168 22 29 73 111 126 132
Total Title 8 Transfers 29,207 30,076 23,316 1,179 1,551 2,366 3,159 4,540 6,468
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 11,200, 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 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20
Big Bend 16 15 14 6 4 7 6 9 10
Del Rio 131 134 180 18 15 22 82 40 233
El Centro 71 109 54 8 15 27 29 36 33
El Paso 488 445 335 28 6 36 56 69 93
Laredo 244 310 231 9 17 48 61 84 113
Rio Grande 794 811 750 33 63 105 84 116 136
San Diego 283 418 329 7 14 57 50 56 70
Tucson 210 293 123 10 10 22 32 47 56
Yuma 73 277 161 5 7 6 6 7 9
Total 2,310 2,811 2,177 124 150 329 406 464 753

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 aliens 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 aliens 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 aliens from Mexico to the interior of Mexico.

Last Modified: Sep 30, 2022