COYID-I9 CAPIO
U.S. Customs and Border Protection (CBP) and specifically the United States Border Patrol
(USBP) is supporting the U.S. Government's response to the coronavirus disease (abbreviated

"covrD-19)
The Director of the Centers fot Disease Control
the Public Health Service Act has directed CBP
into the United States who, due to the existence
persons are traveling, create a serious danger of

and Prevention (CDC) under the Authority of
to prohibit the introduction of certain persons
of COVID- 19 in countries or places from which
the introduction of such disease into the United

States.

When implementing the order, USBP is not operating pursuant to its authorities under Titles 8 or
19. However, Border Patrol agents may rely on their training and experience in detecting,
apprehending and determining whether penons are subject to the CDC order, including but not
limited to the following considerations: physical observation, use of sensors and technology,
physical indicators and tracking techniques, information from third-parties, and deductive
techniques.

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Enforcement efforts on the SWB and NB will be conducted as close to the physical border as
practical with the objective to intercept aliens that are potentially infected with COVID-l9
before firther exposing or contaminating the U.S. public.
Determine if individual encountered is a U.S. Citizen or an alien.
U.S. Citizens and l,awfirl Perrnanent Residents are not subject to the CDC order and will be
processed under existing CBP authorities.

Determine whethet an alien is subiect to the CDC order
a
Based on training, experience, physical observation, technology, questioning and other
considerations, if an agent believes that it is more likely than not that a person is an alien
seekilg to enter the Unit€d States, without proper travel documentation or otherwise subject
to travel restrictions at or between a POE, coming from or transiting through Canada or
Mexico (regardless of their country of origin), and if such a person was encountered within
the area of operation ofa Border Patol station or POE operated by CBP, the CBP ofEcer or
agent shall apply the CDC order to the person in accordance with the procedures below.
a Domiciled aliens encountered within the US will be processed under existing Title 8
authorities and processes. To the extent practical, USBP will leverage field deployed mobile
biometric devices to perform immigration and criminal history checks in real-time for officer
safery.

Processine
To the maximum extent possible all processing will be done in the field. Only in eigent
circumstances will aliens be taken into permanent CBP facilities.
Once USBP detennines an alien is subject to the CDC order, in the field and to the extent
practical, USBP will capture a subject's biographical information and archive data
appropriately.

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Agents are not to place subjects in assigned vehicles
Property is not to be taken into custody

The followino rucommzndation

At any time

will aoolv for suidance lo the field:

to no longer be amenable under Title 42 CDC Order
agents will process under existing statutory authorities found in Title 8 of the US code.
The authority to make this determination resides with the Chief Patrol Agent and cannot be
delegated below the Watch Commander position. Subjects taken into custody under Title 8 must
be processed under normal Title 8 guidelines (e.g., ER, NTA, etc...)
Agents are to consider officer safety and safety to the general public at all times.
The appropriate PPE will be utilized
Subjects will only be placed in a designated transport vehicle and/or a desipated staging
a subject is determined

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Upon initial encounter the agent will determine if subject is amenable to expulsion under Tille 42
CDC Order

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Contact TOC/Radio Room or utilize e3 Mobile device to create a TSM Event # under
'Operation Capio' and initiate e3 Event from TSM
Include the number of subjects encountered and veriff that 'Operation Capio' is associated
with designated e3 Event and obtain both TSWe3 Event #'s
Record both TSIWe-3 #'s on Field Intake Form and fill in the necessary information
required
Utilize e3 Mobile device to enter biographical information and role fingerprints fo.

S@

Onh
Based on results, should subject

still be amenable to being expelled, subject will be

transported to the designated Port of Entry
amenable to expulsion refer to

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Should an agent determine a subject is not

Field Intake Forms will be required to be brought back to station or designated processing
areas for data entry into TSiWe3 lntake (Note: Ensure that ALL required information is
entered on the Field Intake Form)

Data Entry of Field Intake Form information

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Designated processing personnel will input information from the Field Intake Form into the
appropriate e3 Event #
Generate an I44 under the appropriate e3 Event # in accordance to provided information
below (Note: Efforts to keep Family Units together should be considered at all times)
For the purpose of Title 42 the following defrnitions will apply in regard to Family Units and
Unaccompanied Juveniles:
X'amily Units: A person or persons accompanied by
relative
Unaccompanied Juvenile: A minor tmder the age of l8 and NOT accompanied
by a relative

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Dispositions for all subjects amenable to immediate expulsion

 NON DEPORTABLE/i''{OT IN CUSTODY
I-tl4 Narrative Required Information:
Subject is one
tal number in orouo. encountered in CITY, SIATE. Subject oppeored to hove
no illness or injuries. Subject wos removed through the PIOE Name under 'Operotion CAPIO", in
occordonce with Title 42 U.S.C Sedion 265.

of

Subject is member of o Fomily Unit:

7: Subjefi Nome
FAMILY MEMBER2:
FAM'LY MEMBER 3
NON DEPORTABLE/IN CUSTODY

FAMILY MEMBER

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The following disposition of
wiJl apply to all subjects
who cannot be expelled in an expeditious manner and are required to be transfened to a facility.
This is necessary in order to comply with Transport, Escort, Detention, Search (TEDS) & e3
Detention Module (e3 DM).

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Subjects not amenable to being expelled: TSDB, CIMT, Aggravated Feloq Injured Alien,
Non-Immigration Felony Convictions, etc.... or otherwise determined by the Sector Chief
Patrol Ageot or designated official
Subjects expelled via flights as appropriate or sent to designated Quarantine Facility
Subjects non amenable to being expelled via a POE - agents will request an ICAD Ticket #
and record on Field Intake Form and subjects will be transferred via local guidelines
Based on available evidence and only for extenuating circumstances, agents may determine
to process under existing stahrtory authorities found in Title 8 ofthe US code. The authority
to make this determination resides with the Chief Patrol Agent and cannot be delegated
below the Watch Commander position. Subjects taken into custody under Title 8 must be
processed under normal Title 8 guidelines (e.g., E& NTA, etc...)

Transoorlation
USBP will have dedicated transportation vehicles with separation between agents and subjects
encountered to minimize your exposure. At no time shall subjects be transported in USBP
vehicles not designated as COVID-l9 transportation vehicles unless exigent circumstances exist.
Subjects will be transported to the nearest POE and immediately retumed to Mexico or
Canad4 depending on their point oftransit.
Subjects encountered that are not amenable to immediate expulsion to Mexico or Canada
will be transported to a dedicated facility for limited holding prior to expulsion to the alien's
country of citizenship. This varies by sector but should be a tent, soft-sided facility or
predesignated CBPruSBP facility with dedicated space.
ICE/ERO will take custody ofany subject cleared by HHS or appropriate medical personnel
and follow established procedures under Title 8 or Title 42 as applicable.

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 Vehicles utilized to temporarily hold subjects will rmdergo the appropriate sanitation procedures
in place to minimize exposure and possible spread of virus

Convention Asaimt Torture Clrim
Aliens that make an affirmative, spontaneous and reasonably believable claim that they fear being

torhrcd in the country they are being sent back to, will be taken to the designated station and
referred to USCIS. Agents should scek Supervisory Guidance.
. Noti& USCIS
o USCIS determines positive, converted to Title 8, tum over to ERO and entered into 240

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proceedings for an Asylum hearing based on Torture.
Interview by Asylt m Ofiicer while in our custody
Secondary review Supervisory Asylum Officer
USCIS detemfnes negative, continue under Title 42, expel to Mexico or Other.

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