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U.S. Customs and Border Protection (CBP)
COVID-19 Policies and Protocols at the
Southwest Border
Updated September 20, 2021
In recent months, an increase in the number of apprehensions of unauthorized migrants at the Southwest
border by the Department of Homeland Security (DHS) Customs and Border Protection (CBP) is causing
concern in border states and communities about the presence of migrants who are COVID-19 positive.
Pandemic-related public health and travel restrictions were established on March 21, 2020, by the Centers
for Disease Control and Prevention (CDC) and CBP. Limited capacity in CBP holding facilities presents
logistical and health safety challenges for migrant processing as CBP implements protocols to reduce the
spread of COVID-19.
Current Trends in Encounters at the Border
CBP's U.S. Border Patrol (USBP) encountered 1,472,655 migrants between ports of entry (POEs) at the
Southwest border in FY2021 (through August). (Another 68,996 were determined to be inadmissible at a
POE during this period by CBP's Office of Field Operations.) CBP reports that 25% of the 208,887
encounters in August involved persons who made more than one attempt to cross the border, decreasing
the number of unique encounters to 156,641. In August, less than half (490) were single adults, 41%
were people in family units, and 9% were unaccompanied children.
Immigration Processing: Title 8 and Title 42
Pre-pandemic, migrants apprehended by USBP were processed through Title 8 of the U.S. Code
(immigration) and screened for asylum claims. Single adults were typically held in CBP custody before
being referred to Immigration and Customs Enforcement (ICE). Except for unauthorized migrants subject
to mandatory detention, ICE has the discretion to release migrants, pending either expedited removal or
longer formal removal in immigration court proceedings.
The 1997 Flores Settlement Agreement limits how long families can be detained (generally not beyond
the initial asylum screening process). Under the Migrant Protection Protocols (MPP), which were
implemented by the Trump Administration in 2019, terminated by the Biden Administration in 2021, and
Congressional Research Service
https://crsreports.congress.gov
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