Understanding Processing at Ports of Entry

Between 2020 and 2024, increasing numbers of people have tried to enter the United States at its southwest land border without valid entry documents (such people are deemed to be inadmissible under the law). Many of these people have sought to cross the border unlawfully, but the numbers of those presenting themselves along with documented travelers at official ports of entry (POEs) have also increased in that period. In fiscal year (FY) 2020, there were about 57,430 encounters with inadmissible aliens arriving at POEs, and the numbers climbed to a record 429,830 in FY 2023.^[1] Under U.S. law, inadmissible aliens who express a fear of persecution or torture if returned to their country of origin and those who express an intent to seek asylum cannot be repatriated without a determination of the credibility of their fears.

Several policies adopted between 2020 and 2024 incentivized people who intended to seek asylum to go to POEs and disincentivized irregular migration and crossing unlawfully between POEs. In particular, individuals located in Mexico were able to schedule an appointment using the U.S. Customs and Border Protection (CBP) One application to present themselves at certain POEs and express their intention to seek asylum or other humanitarian protection in the United States between May 11, 2023, and January 20, 2025. The CBP One app allowed CBP to receive advance biographic information prior to an alien's arrival.

CBP's Office of Field Operations (OFO) is responsible for processing all who arrive at POEs, and U.S. Border Patrol (USBP) is responsible for apprehending and processing those entering unlawfully between POEs. Trends and policies in the period between 2020 and 2024 raised questions about the capacity of OFO to process such aliens and unaccompanied alien children (UACs) through POEs in a safe and orderly manner and the resources it needs to do so. A congressional request from the U.S. House of Representatives therefore sought an analysis of the capacity of OFO for the "safe, humane, and orderly processing of single adults and families who present at ports of entry and make a lawful claim of fear or asylum, along with the processing of unaccompanied children."^[2]

Researchers from the RAND Homeland Security Operational Analysis Center conducted that analysis. The research team reviewed legislative, regulatory, and policy requirements governing OFO's processing of aliens at POEs, conducted interviews and conversations with 21 CBP personnel, and visited one POE to observe processing and conduct interviews on site. The team also analyzed statistical data provided by OFO, supplemented by other publicly reported data, to demonstrate trends in the relevant population that passed through the POEs in the 2020 to 2024 period. The findings highlighted here may not be representative of all POEs and are specific to the period under study; analysis was completed prior to the "Proclamation on Securing the Border" in June 2024 and before the use of the CBP One app was ended on January 20, 2025.

The flowchart starts along the left side with online activity, then moves right to arrival at ports of entry (POE), then progresses further right to initial inspection and screening, and finally ending along the right side with case processing and transfer out of the POE. Each phase presents various scenarios and their outcomes.

Note: In the paths below, if the item starts with a number, then the steps are sequential. If the item starts with a letter, then it is a forking decision point. The end of the path is noted with "(end pathway)."

Path 1 Starts Online

1. Online

   1. Alien registers and applies to schedule appointment on CBP One to appear at POE
   2. CBP conducts initial screening, issues appointment

2. Arrival at POE

   1. Alien presents with CBP One appointment

3. Inspection and Screening

   1. CBP One applicant alien undergoes medical, security, and case processing

4. Case Processing and Transfer Out of POE

   1. Formal removal, notice to appear
      1. Paroled into U.S. (end pathway)
      2. Transfer to ICE facility
         1. Detained (end pathway)
         2. Paroled into U.S. (end pathway)
         3. Alternative to detention (end pathway)
   2. ERCF
      1. Transfer to ICE facility
         1. Detained (end pathway)
         2. Paroled into U.S. (end pathway)
         3. Alternative to detention (end pathway)

Path 2 Starts with Arrival at POE

1. Arrival at POE

   1. Alien attempts to enter U.S. with fraudulent or valid travel documents and then claims fear
   2. Alien presents without appointment

2. Inspection and Screening

   1. Family unit/single adult
      1. If alien lacks valid travel documents, they are referred to secondary inspection
      2. If alien is found inadmissible, officers conduct medical and security screening
   2. UAC
      1. CBP verifies identity, age, nationality, and conducts trafficking and fear screening
      2. CBP submits case to UAC Portal and refers to HHS/ORR* (*except some Mexican UACs)

3. Case Processing and Transfer Out of POE

   1. If 2A
      1. Formal removal, notice to appear
         1. Paroled into U.S. (end pathway)
         2. Transfer to ICE facility
            1. Detained (end pathway)
            2. Paroled into U.S. (end pathway)
            3. Alternative to detention (end pathway)
      2. ERCF
         1. Transfer to ICE facility
            1. Detained (end pathway)
            2. Paroled into U.S. (end pathway)
            3. Alternative to detention (end pathway)
   2. If 2B
      1. ORR intake staff makes placement and notifies CBP and ICE in UAC portal
      2. ICE transports UAC to care facility from port or staging area (end pathway)

NOTE: This figure represents a simplified and streamlined mapping of processing of both likely asylum seekers and UACs from the paths they take to arrive at POEs through their transfer to other agencies, if applicable. This representation applies only to those who express intent to seek asylum or claim fear of persecution or torture and all UACs and does not include processing of aliens who do not claim fear (who may be subject to expedited removal). There may be differences across POEs that are not captured here. ERCF = expedited removal with credible fear; HHS = U.S. Department of Health and Human Services; ICE = U.S. Immigration and Customs Enforcement; ORR = Office of Refugee Resettlement.

Processing Pathways for Likely Asylum Seekers and UACs

OFO's role at POEs in the broader process of asylum processing is limited. OFO inspects and processes all aliens seeking admission to the United States, including those who may seek asylum or other protection in the United States. To understand OFO's capacity and resource requirements, RAND researchers first analyzed what occurs during this processing.

There are multiple pathways for processing likely asylum seekers and UACs through POEs — which differ in terms of the time needed, the POE's physical location, the disposition of each case, and the resources required. Additionally, UACs must be treated differently from adults or family units. These pathways are depicted in Figure 1, which breaks down the process into the following three phases:

• Arrival at POE: Individuals, families, and UAC present themselves at the POE, with or without CBP One appointments. Laws and regulations direct and authorize OFO to inspect a variety of documents and information to determine whether an individual is admissible and whether the individual is a minor under the age of 18.
• Initial inspection and screening: OFO conducts further identity screenings, admissibility determinations, medical and security checks, and case processing tasks on each individual. Some individuals who are found to be inadmissible will claim fear of persecution or torture.
• Case processing and transfer: OFO has some discretion in making disposition decisions for members of family units and single adults. There are two main dispositions for this population:
  • Expedited removal is a streamlined process that allows prompt repatriation; however, an alien who claims fear of persecution or torture cannot be repatriated until they are screened for credible fear by U.S. Citizenship and Immigration Services (USCIS), which usually happens in the custody of U.S. Immigration and Customs Enforcement (ICE). This disposition is described as expedited removal with credible fear, and these individuals must be transferred to ICE custody.
  • Formal removal proceedings mean that aliens are allowed to enter the country temporarily with a notice to appear, which tells them to appear in immigration court at a future date. OFO also determines, in coordination with ICE, whether these individuals should be paroled (and released at the POE) or transferred to ICE for detention or an alternatives-to-detention program.

UACs are screened and processed separately and referred to the U.S. Department of Health and Human Services (HHS) Office of Refugee Resettlement (ORR) for placement and then to ICE for transport to a care facility. They cannot ordinarily be placed into the expedited removal process.

What Determines the Pathway for an Individual?

The specific pathway for an individual alien can vary based on several factors. The following factors are of particular importance:

• Whether an alien arrives with a CBP One appointment or not: As of May 2023, the CBP One application created a process for likely asylum seekers to arrive at POEs at a prescheduled time, providing OFO with advance notice. Processing for CBP One appointments is typically more streamlined and more efficient, often taking place in a physically separate space from processing others.
• Whether an alien is a member of a family unit, is a UAC, or is a single adult: Single adults are more likely to be processed as expedited removal with credible fear cases, which means they need to be screened by USCIS. Most family units are placed into formal removal proceedings and released from custody with a notice to appear. UACs, other than those from Mexico, are always processed with a notice to appear. Because UACs are prioritized for processing, their pathway through the POE may be faster.
• Whether derogatory information is discovered: Derogatory information, such as a criminal record, warrant for arrest, prior deportations, or evidence indicating the individual is a known or suspected terrorist, may prolong processing and make it more likely that OFO will process such individuals with fear claims as expedited removal with credible fear and transfer them to ICE for detention.
• Detention capacity (at ICE facilities): OFO is more likely to place individuals in formal removal proceedings and parole them into the United States with a notice to appear when ICE does not have bed space to detain those in expedited removal awaiting credible-fear screenings.

OFO's processing capacity — or the number of likely asylum seekers and UACs who may be processed through POEs in a safe, humane, and orderly manner at any given time — is constrained by several factors, including the following:

• the mix of individual characteristics (determines individuals' pathway through the POE and affects how OFO exercises its discretion [e.g., family status, derogatory information]. Some individual characteristics also slow processing times, even if they do not affect the processing pathways [e.g., languages spoken])
• the number of OFO personnel available to process this population and transport them out of POEs
• infrastructure and equipment (including the availability of holding space within a POE, which must accommodate laws and policies on how and with whom different types of aliens may be held [e.g., a UAC cannot be detained with adults], and the number of workstations, technology failures, and occupancy limits)
• ICE and HHS capacity (points of transfer from OFO to these agencies or components can limit how many people OFO can process at any given time)
• operational demands (surges in workload may require OFO to shift resources away from processing likely asylum seekers to address the operational need [e.g., large contraband seizures, surges in lawful travel, surges in unlawful crossings between POEs]).

In sum, OFO's processing capacity is not static and varies over time and across POEs.

Population of Likely Asylum Seekers and UACs and OFO Resources Between Fiscal Year 2020 and the Start of Fiscal Year 2024

Between FY 2020 and into FY 2024, the numbers of likely asylum seekers and UACs increased considerably, reaching a plateau of around 47,000 to 48,000 aliens per month by about July 2023 (shown from October 2022 to February 2024 in Figure 2).

In October 2022, there was close to 25,000 encounters. This increased to over 25,0000 near the end of December 2022. There was a study increase peaking in December 2023 at 50,000. Numbers are still above 45,000 in February 2024, the last date on the chart.

SOURCE: Authors' analysis of Office of Homeland Security Statistics data.

The population of likely asylum seekers and UACs also became more diverse in terms of its demographic characteristics, countries of citizenship, and languages. The share and absolute numbers of single adults in this population expanded. Although the demographics of encounters varied considerably by POE, in general, these trends meant that demands for OFO resources increased. For example, uncommon languages may slow processing because translation support has to be secured. And more single adults likely means that more individuals are placed into expedited removal and need credible-fear screenings, a time- and resource-consuming disposition.

At the same time, the resources required for these processes do not appear to have increased proportionally. Although the number of OFO officers increased slightly over this period (according to data published by the Department of Homeland Security [DHS] Office of Inspector General), the increase was not proportional to the increased number of encounters with asylum seekers. However, an infusion of temporary duty personnel allowed at least some of the POEs to adjust to these higher volumes. Furthermore, OFO's capacity to hold individuals as they were processed through POEs actually decreased by a few dozen spaces across all POEs, while typical occupancy increased.

Even without a proportional increase in resources required for processing, the limited evidence available to the research team suggests that OFO was able to process the population in a safe, humane, and orderly manner during the period of increasing encounters with this population.

OFO's Processing Capacity

Using the available statistical data augmented with interview input, the researchers inferred that OFO has been operating at its processing capacity since about July 2023. In particular, the plateau of around 47,000 to 48,000 individuals per month (shown in Figure 2) corresponds to OFO's effective maximum capacity to process likely asylum seekers and UACs in a safe, humane, and orderly manner — at the levels of resources present since about May 2023.

The limited evidence available also suggests that substantially increasing processing capacity, such that POEs would potentially process all or most likely asylum seekers, without compromising OFO's other missions or safety and orderliness of processing, would be extremely challenging at best. And any substantial increase in processing capacity would require a dramatic change in all resource requirements — staffing, infrastructure and equipment, and the capacity of other agencies (ICE, HHS ORR, and USCIS).

Future Considerations

Decisionmakers within DHS, Congress, and the Trump administration might take the following considerations into account, if they seek to reduce strain on CBP OFO from operating continuously at full capacity or to expand its capacity:

• Collect and/or analyze more-detailed data on personnel and infrastructure, demand for CBP One appointments, and OFO requests for ICE detention space.
• Plan for the coming waves of retirements, evaluate continued reliance on temporary duty staff, and consider whether the OFO staffing model needs revision.
• Consider physical space constraints for each POE if increases in the population to be processed are contemplated and examine possibilities for expanding electronic processes.
• Prepare for an increased volume of notices to appear if ICE detention capacity stays the same.
• Maintain cooperation with Mexican authorities to ensure orderly arrivals to POEs and coordination with nongovernmental organizations and local authorities to ensure orderly departures from POEs.

Notes

• [1] The term alien is defined in the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)) as "any person not a citizen or national of the United States." We employ the term in its statutory definition throughout this brief.
• [2] Committee on Appropriations, Department of Homeland Security Appropriations Bill, 2022, Report 117-87, U.S. House of Representatives, July 15, 2021, p. 26.

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