Emergency Memo

1300 Pennsylvania Avenue, NW
Washington, DC 20229

August 22, 2024
MEMORANDUM FOR:

Richard L. Revesz
Administrator
Office of Information and Regulatory Affairs
Office of Management and Budget

THROUGH:

ERIC N
Eric Hysen
HYSEN
Chief Information Officer
Department of Homeland Security

FROM:

Judson Murdock
Acting Deputy Executive Assistant Commissioner
Office of Field Operations
U.S. Customs and Border Protection
Department of Homeland Security

Digitally signed by ERIC
N HYSEN
Date: 2024.08.23
15:54:38 -04'00'

SUBJECT: Emergency Request under the Paperwork Reduction Act Regarding Adjusting the
CBP One Geofence and Instituting an Appointment Validation Tool
This memorandum requests emergency approval, pursuant to the Paperwork Reduction Act
(PRA), from the Office of Management and Budget (OMB), Office of Information and
Regulatory Affairs (OIRA), for revisions to the U.S. Customs and Border Protection (CBP)
collection of information titled, Collection of Advance Information from Certain Undocumented
Individuals on the Land Border (OMB control number 1651-0140). The Department of
Homeland Security (DHS), in consultation with CBP, is seeking certain changes to the CBP
One appointment scheduling process
likely to result if normal clearance procedures are followed. 1
The changes outlined below seek to: adjust the geofence boundaries for the locations in Mexico
where migrants must be located in order to request a CBP One appointment, and; implement an
appointment validation tool for use by Government of Mexico (GoM) officials.
Geofencing and Appointment Validation
The current OMB 1651-0140 collection allows noncitizens to request an appointment to present
at 1 of 8 ports of entry (POEs) along the Southwest Border if they are located in Central and
Northen Mexico, north of the 19th parallel. There are 1,450 appointments allocated daily, with a
portion of the appointments going to the oldest registrations. Based on CBP data since this
1

1320.13, Emergency processing

FOR OFFICIAL USE ONLY

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functionality was introduced in January 2023 through the end of May 2024, this process has
been utilized by more than 636,600 individuals who have successfully scheduled appointments
to present at POEs using CBP One.2
Geofencing was instituted in CBP One to facilitate the safe and orderly presentation of Mexican
and non-Mexican migrants who have already arrived or are currently present in Central and
Northern Mexico, by allowing migrants to remain in shelters and other support networks instead
of congregating in unsafe conditions at the U.S.-Mexico border. CBP is coordinating with the
GoM to adjust the geofence boundaries to respond and assist in
efforts to humanely
control the locations where non-Mexican migrants congregate in Mexico while they seek a CBP
One appointment. The new geofence boundaries are described in further detail in the supporting
documentation attached to this emergency memo request.
In addition, when migrants schedule an appointment using CBP One, they transit through
Mexico to present at a POE at their appointment date and time. Due to the volume of
individuals scheduling CBP One appointments, Mexican officials frequently encounter
individuals, but currently lack a mechanism to confirm and validate whether they have a valid
CBP One appointment. On June 4th, 2024 President Biden announced a Presidential
Proclamation to temporarily suspend entry of noncitizens across the Southwest Border unless
using a DHS Secretary-approved pathway like CBP One. The Presidential Proclamation and
adjustment to the geofence parameters is expected to alter where GoM officials encounter
migrants with CBP One appointments. CBP is seeking to expeditiously provide a mechanism to
GoM to confirm if individuals who are encountered while transiting through Mexico have a
valid CBP One appointment. The tool will require the Mexican government to enter an
return confirmation of any valid CBP One appointment with the appointment date, time, and
location with the total number of people in the group. Such a mechanism, as part of the urgent
and ongoing efforts to manage migration within Mexico, will ensure only those migrants with
valid appointments are traveling towards the U.S.-Mexican border.
Emergency Justification
1. Information is Essential to the Mission of the Agency
Mexico is a critical partner of CBP and its efforts to maintain orderly border security
operations. The scheduling of a CBP One appointment occurs while a noncitizen is in Mexico,
and thus it is critical for CBP to expeditiously coordinate with GoM to ensure the process does
not hinder or negatively affect Mexican operations. Additionally, it is critical that the United
States consider and respond to operational concerns raised by Mexico in the interest of
cultivating this partnership.

2
CBP Releases May 2024 Monthly Operational Update, https://www.cbp.gov/newsroom/national-mediarelease/cbp-releases-may-2024-monthlyupdate#:~:text=In%20May%202024%2C%20the%20U.S.%20Border%20Patrol%20recorded,in%20May%20decrea
sed%20by%2011%25%20compared%20to%20April. (June 20, 2024).

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2. Public Harm Is Reasonably Likely to Result if Normal Clearance Procedures Are
Followed
A large number of noncitizens in Central and Northern Mexico request and schedule
appointments through the CBP One application every day. The appointment process seeks to
deter individuals from crossing irregularly between POEs using dangerous alternatives like
coyotes, and to encourage safe and orderly operations at the Southwest border. Migration
continues to be a regional issue that requires careful collaboration and nimble coordination
between governments to address. Any delay in implementing the geofencing and validation tool
changes will
operations and enforcement of their migration strategy, which is
reasonably likely to result in public harm if the flow of migrants is not safely coordinated. It is
critical that the United States acknowledge and, as appropriate, respond to concerns when raised
by Mexico in the interest of safe and orderly regional migration.
3. Conclusion
Following the normal clearance procedures under the PRA would delay their implementation
and harm diplomatic relations with the Government of Mexico. As discussed, CBP certifies that
this request meets the requirements of 5 C.F.R. § 1320.13(a) and it is vital that this revised
collection be implemented immediately because: (1) this information is essential to the mission
of the Agency and (2) this information is necessary prior to the timeframes established under
the PRA.
Thank you for your consideration.
Upon approval and after implementation of the information collection process, CBP will address
public comments as necessary under the normal PRA approval process.
Please contact Executive Director, Jody Hardin at 202-531-8116 with any additional questions
or concerns.