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Management Alert – 

DHS Needs to Address 

Dangerous Overcrowding 

and Prolonged Detention of 

Children and Adults in the 

Rio Grande Valley 

(Redacted) 

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,1)250$7,21

July 2, 2019 

OIG-19-51 

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CONTAINS PRIVACY ACT INFORMATION – DO NOT DISCLOSE 

OFFICE OF INSPECTOR GENERAL 

Department of Homeland Security 

Washington, DC 20528 / www.oig.dhs.gov 

July 02, 2019 

MEMORANDUM FOR: The Honorable Kevin K. McAleenan 

Acting Secretary 

Department of Homeland Security 

FROM: Jennifer L. Costello 

Acting Inspector General 

SUBJECT: Management Alert – DHS Needs to Address 

Dangerous Overcrowding and Prolonged Detention 

of Children and Adults in the Rio Grande Valley 

For your action is our final management alert, Management Alert – DHS 

Needs to Address Dangerous Overcrowding and Prolonged Detention of 

Children and Adults in the Rio Grande Valley, the purpose of which is to 

notify you of urgent issues that require immediate attention and action. 

Specifically, we encourage the Department of Homeland Security (DHS) to 

take immediate steps to alleviate dangerous overcrowding and prolonged 

detention of children and adults in the Rio Grande Valley. Issuance of this 

management alert is consistent with our duties under the Inspector 

General Act of 1978, as amended, to conduct inspections and recommend 

policies to promote economy, efficiency, and effectiveness in DHS 

programs and operations. 

We have incorporated the formal comments provided by your office on the 

draft management alert and appended them verbatim. We may continue 

our spot inspections of the southern border facilities, and may revisit Rio 

Grande Valley sector sites to monitor overcrowding and prolonged 

detention. 

Consistent with our responsibility under the Inspector General Act, we will 

provide copies of our alert to congressional committees with oversight and 

appropriation responsibility over DHS. We also will post the alert on our 

website for public dissemination. 

Please call me with any questions, or your staff may contact Diana Shaw, 

Assistant Inspector General for Special Reviews and Evaluations, at 

(202) 981-6000. 

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Department of Homeland Security 

Background 

In May 2019, we issued a management alert about dangerous overcrowding 

observed in the El Paso area during our unannounced inspections of U.S. 

Customs and Border Protection (CBP) holding facilities.1 During the week of 

June 10, 2019, we traveled to the Rio Grande Valley in Texas and again 

observed serious overcrowding and prolonged detention in Border Patrol 

facilities requiring immediate attention. 

According to Border Patrol statistics, the Rio Grande Valley sector has the 

highest volume on the southwest border, with nearly a quarter million 

apprehensions in the first eight months of FY 2019. This total represents a 

124 percent increase compared to the same period in FY 2018, with the 

greatest increase in family units. Table 1 shows the total number of 

apprehensions by category and the percent increase for the Rio Grande 

Valley sector. 

Table 1. Rio Grande Valley Sector Border Patrol Apprehensions 

Apprehensions 

October 2017 to 

May 2018 

Apprehensions 

October 2018 to 

May 2019 

Percent 

Increase 

Unaccompanied Alien 

Children 

14,822 23,944 62% 

Family Units 36,773 135,812 269% 

Single Adults 48,240 63,507 32% 

Total 99,835 223,263 124% 

Source: Border Patrol southwest border apprehensions by sector 

During our visits to five Border Patrol facilities and two ports of entry in 

the Rio Grande Valley,2 we reviewed compliance with CBP’s Transport, 

Escort, Detention and Search (TEDS) standards, which govern CBP’s 

interaction with detained individuals,3 and observed serious overcrowding 

and prolonged detention of unaccompanied alien children (UACs),4 

families, and single adults that require immediate attention. Specifically, 

1 Management Alert – DHS Needs to Address Dangerous Overcrowding Among Single 

Adults at El Paso Del Norte Processing Center (OIG-19-46), May 2019. 

2 We visited the McAllen, Weslaco, and Fort Brown Border Patrol Stations, and the Border
 

Patrol Centralized Processing Center and Donna Processing Center. We also visited the
 

Hidalgo and Progreso ports of entry. 

3 U.S. Customs and Border Protection, National Standards on Transport, Escort,
 

Detention, and Search, October 2015.
 4 Unaccompanied alien children are aliens under the age of 18 with no lawful immigration 

status in the United States and without a parent or legal guardian in the United States 

“available” to provide care and physical custody for them. 6 U.S.C. § 279(g)(2).
 

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OFFICE OF INSPECTOR GENERAL 

Department of Homeland Security 

Border Patrol was holding about 8,000 detainees in custody at the time of 

our visit, with 3,400 held longer than the 72 hours generally permitted 

under the TEDS standards.5 Of those 3,400 detainees, Border Patrol held 

1,500 for more than 10 days. 

CBP is responsible solely for providing short-term detention for aliens 

arriving in the United States without valid travel documents. CBP detains 

such individuals on a short-term basis to allow for initial processing, and 

then transfers the individuals to other government agencies. However, 

even when CBP has completed its initial processing obligations, it cannot 

transfer detainees out of its facilities until U.S. Immigration and Customs 

Enforcement (ICE) has space for single adults and some families, and the 

U.S. Department of Health and Human Services (HHS) has space for 

UACs. Currently, because both ICE and HHS are operating at or above 

capacity, CBP has experienced increasing instances of prolonged detention 

in its facilities. 

This management alert addresses overcrowding at four of the five Border 

Patrol facilities, and prolonged detention at all five facilities, we visited in 

the Rio Grande Valley. While our prior management alert on an El Paso 

facility identified similar issues with respect to the single adults detained 

in that facility, this alert highlights additional concerns with respect to 

UACs and families being detained in the Rio Grande Valley facilities we 

visited. This alert also addresses security incidents in these facilities that 

reflect an escalation of the security concerns raised in our prior alert. 

At-Risk Populations are Subject to Overcrowding and Prolonged Detention 

in Border Patrol Facilities 

During our visits to five Border Patrol facilities in the Rio Grande Valley, 

we observed serious overcrowding of UACs and families, populations 

defined as “at-risk” in TEDS standards (see figures 1 through 3). 

5 TEDS 4.1 provides that “[d]etainees should generally not be held for longer than 72 

hours in CBP hold rooms or holding facilities. Every effort must be made to hold 

detainees for the least amount of time required for their processing, transfer, release, or 

repatriation as appropriate and as operationally feasible.” 

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OFFICE OF INSPECTOR GENERAL 

Department of Homeland Security 

Figure 1. Overcrowding of families observed by OIG on June 10, 2019, at Border Patrol’s 

McAllen, TX, Station. Source: OIG 

Figure 2. Overcrowding of families observed by OIG on June 11, 2019, at Border 

Patrol’s McAllen, TX, Centralized Processing Center. Source: OIG 

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OFFICE OF INSPECTOR GENERAL 

Department of Homeland Security 

Figure 3. Overcrowding of families observed by OIG on June 11, 2019, at Border Patrol’s 

Weslaco, TX, Station. Source: OIG 

In addition to the overcrowding we observed, Border Patrol’s custody data 

indicates that 826 (31 percent) of the 2,669 children6 at these facilities had 

been held longer than the 72 hours generally permitted under the TEDS 

standards and the Flores Agreement.7 For example, of the 1,031 UACs 

held at the Centralized Processing Center in McAllen, TX, 806 had already 

been processed and were awaiting transfer to HHS custody. Of the 806 

that were already processed, 165 had been in custody longer than a week. 

6 This population consisted of 1,130 UACs, and 1,539 children who crossed as part of a 

family unit. 

7 The Flores Agreement generally permits detention of minors no longer than 72 hours, 

with a provision that in an influx of minors, placement should be as expeditious as 

possible. In addition, the Trafficking Victims Protection Reauthorization Act of 2008 

requires DHS to meet this timeline unless there are “exceptional circumstances.” 8 U.S.C. 

§ 1232(b)(3). The Flores Agreement also includes a requirement that immigration officials 

hold minors immediately following arrest in facilities that provide: (1) access to food and 

drinking water; (2) medical assistance in the event of emergencies; (3) toilets and sinks; 

(4) adequate temperature control and ventilation; (5) adequate supervision to protect 

minors from others; (6) separation from unrelated adults whenever possible; and 

(7) contact with family members who were arrested with the minor. 

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Department of Homeland Security 

Additionally, there were more than 50 UACs younger than 7 years old, and 

some of them had been in custody over two weeks while awaiting transfer. 

In addition to holding roughly 30 percent of minor detainees for longer 

than 72 hours, several Rio Grande Valley facilities struggled to meet other 

TEDS standards for UACs and families. For example, children at three of 

the five Border Patrol facilities we visited had no access to showers, 

despite the TEDS standards requiring that “reasonable efforts” be made to 

provide showers to children approaching 48 hours in detention.8 At these 

facilities, children had limited access to a change of clothes; Border Patrol 

had few spare clothes and no laundry facilities. While all facilities had 

infant formula, diapers, baby wipes, and juice and snacks for children, we 

observed that two facilities had not provided children access to hot meals 

— as is required by the TEDS standards9 — until the week we arrived.10 

Instead, the children were fed sandwiches and snacks for their meals. 

Additionally, while Border Patrol tried to provide the least restrictive 

setting available for children (e.g., by leaving holding room doors open), the 

limited space for medical isolation resulted in some UACs and families 

being held in closed cells. 

Overcrowding and Prolonged Detention of Single Adults Have Resulted in 

Security Incidents and Non-Compliance with TEDS Standards 

In the Border Patrol facilities we visited, we also observed serious 

overcrowding and prolonged detention among adult detainees. TEDS 

provides that “under no circumstances should the maximum [cell] 

occupancy rate, as set by the fire marshal, be exceeded.”11 However, at one 

facility, some single adults were held in standing room only conditions for 

a week and at another, some single adults were held more than a month in 

overcrowded cells (see figures 4 and 5). 

8 TEDS 5.6 

9 TEDS 5.6 

10 Border Patrol management at these facilities told us there were too many detainees on 

site to microwave hot meals, and it had taken time to secure a food contract. 11 TEDS 4.7 

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OFFICE OF INSPECTOR GENERAL 

Department of Homeland Security 

Figure 4. Standing room only for adult males observed by OIG on June 10, 2019, at 

Border Patrol’s McAllen, TX, Station. Source: OIG 

Figure 5. Fifty-one adult females held in a cell designated for male juveniles with a 

capacity for 40 (left), and 71 adult males held in a cell designated for adult females with a 

capacity for 41 (right), observed by OIG on June 12, 2019, at Border Patrol’s Fort Brown 

Station. Source: OIG 

We are concerned that overcrowding and prolonged detention represent an 

immediate risk to the health and safety of DHS agents and officers, and to 

those detained. At the time of our visits, Border Patrol management told 

us there had already been security incidents among adult males at 

multiple facilities. These included detainees clogging toilets with Mylar 

blankets and socks in order to be released from their cells during 

maintenance. At one facility, detainees who had been moved from their cell 

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during cleaning refused to return to their cell. Border Patrol brought in its 

special operations team to demonstrate it was prepared to use force if 

necessary. Additionally, detainees have attempted to escape while removed 

from their cells during maintenance. 

Senior managers at several facilities raised security concerns for their 

agents and the detainees. For example, one called the situation “a ticking 

time bomb.” Moreover, we ended our site visit at one Border Patrol facility 

early because our presence was agitating an already difficult situation. 

Specifically, when detainees observed us, they banged on the cell windows, 

shouted, pressed notes to the window with their time in custody, and 

gestured to evidence of their time in custody (e.g., beards) (see figure 6). 

Figure 6. Eighty-eight adult males held in a cell with a maximum capacity of 41, some 

signaling prolonged detention to OIG Staff, observed by OIG on June 12, 2019, at Border 

Patrol’s Fort Brown Station. Source: OIG 

In these overcrowded conditions, CBP was unable to meet TEDS 

standards. For example, although TEDS standards require CBP to make a 

reasonable effort to provide a shower for adults after 72 hours,12 most 

single adults had not had a shower in CBP custody despite several being 

held for as long as a month. At some facilities, Border Patrol was giving 

12 TEDS 4.11 

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Department of Homeland Security 

detainees wet-wipes to maintain personal hygiene. Most single adult 

detainees were wearing the clothes they arrived in days, weeks, and even 

up to a month prior. Further, although TEDS standards require agents to 

remain cognizant of detainees’ religious and other dietary restrictions,13 

many single adults had been receiving only bologna sandwiches. Some 

detainees on this diet were becoming constipated and required medical 

attention.14 

Border Patrol Requires Immediate Assistance Placing Detainees, but ICE 

Capacity is Limited 

Within DHS, providing long-term detention is the responsibility of ICE, not 

CBP.15 During the week of our visits, ICE had approximately 54,000 beds 

occupied nationwide, but was only funded for 42,000 beds. In our 

discussions with ICE field management about this situation, they 

explained that their capacity to find additional bed space is strained. 

According to ICE field management, ICE has already increased capacity at 

its Port Isabel facility from 800 beds to an “emergency level” of 1,200, and 

then further increased capacity to 1,550 by adding plastic beds in some 

cells. However, the facility remains unable to accommodate most Border 

Patrol detainees. From Port Isabel and other detention facilities in the Rio 

Grande Valley, ICE can fly detainees to other ICE facilities, but officials 

said only limited beds are available nationwide. As a result, Border Patrol 

continues to hold detainees for more than 72 hours in overcrowded 

conditions while they await transfer. 

DHS Management’s Response and OIG Analysis 

DHS management provided written comments on a draft of this alert. We 

included a copy of DHS’ management comments in their entirety in 

appendix A. We also incorporated DHS’ technical comments in the final 

alert, as appropriate. 

DHS Response: 

DHS described the situation on the southern border as “an acute and 

worsening crisis,” and cited measures DHS has taken to expand CBP’s 

capacity on the southern border. Specifically, DHS said it has added two 

tents capable of holding 500 people each in the Rio Grande Valley, and 

13 TEDS 4.13
 14 Two of the facilities obtained a contract for hot meals the week of our site visit, but 

others continued to serve sandwiches. 

15 See 6 U.S.C. § 211(c)(8)(B).
 

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OFFICE OF INSPECTOR GENERAL 

Department of Homeland Security 

plans to add another to house single adults by July 29, 2019. DHS also 

cited examples of CBP’s emergency medical response across the southern 

border. DHS said the number of UACs in Border Patrol custody had been 

reduced from nearly 2,800 on June 7, 2019, to less than 1,000 on 

June 25, 2019. 

OIG Response: 

We recognize the extraordinary challenges CBP faces, and welcome the 

information that DHS has been able to reduce the number of UACs in 

custody. However, we remain concerned that DHS is not taking sufficient 

measures to address prolonged detention in CBP custody among single 

adults. Although an additional 500 beds in the Rio Grande Valley may 

reduce overcrowding among single adults, DHS must transfer single adults 

to ICE custody as quickly as possible; within DHS, long-term detention is 

ICE’s responsibility. 

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Department of Homeland Security 

Appendix A 

DHS’s Management Comments to the Draft Management Alert 

www.oig.dhs.gov 11 OIG-19-51 

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OFFICE OF INSPECTOR GENERAL 

Department of Homeland Security 

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Department of Homeland Security 

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Department of Homeland Security 

Appendix B 

Management Alert Distribution 

Department of Homeland Security 

Secretary 

Deputy Secretary 

Chief of Staff 

General Counsel 

Executive Secretary 

Director, GAO/OIG Liaison Office 

Under Secretary Office of Strategy, Policy, and Plans 

Assistant Secretary for Office of Public Affairs 

Assistant Secretary for Office of Legislative Affairs 

Commissioner, CBP 

CBP Component Liaison 

Office of Management and Budget 

Chief, Homeland Security Branch 

DHS OIG Budget Examiner 

Congress 

Congressional Oversight and Appropriations Committees 

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ADDITIONAL INFORMATION AND COPIES 

To view this and any of our other reports, please visit our website at: 

www.oig.dhs.gov. 

For further information or questions, please contact Office of Inspector General 

Public Affairs at: DHS-OIG.OfficePublicAffairs@oig.dhs.gov. 

Follow us on Twitter at: @dhsoig. 

OIG HOTLINE 

To report fraud, waste, or abuse, visit our website at www.oig.dhs.gov and click 

on the red "Hotline" tab. If you cannot access our website, call our hotline at 

(800) 323-8603, fax our hotline at (202) 254-4297, or write to us at: 

Department of Homeland Security 

Office of Inspector General, Mail Stop 0305 

Attention: Hotline 

245 Murray Drive, SW 

Washington, DC 20528-0305 

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