U.S. Department of Homeland Security Washington, DC 20528 Homeland Security Privacy Office, Mail Stop 0655 May 21, 2018 SENT BY ELECTRONIC MAIL TO: foia@americanoversight.org Austin R. Evers Executive Director 1030 15th Street, NW Suite B255 Washington, DC 20005 Re: 2017-HQFO-01144 CBP-2017-076671 Dear Mr. Evers This is the electronic final response to your Freedom of Information Act (FOIA) request to the Department of Homeland Security (DHS), dated July 31, 2017, and received by this office on August 1, 2017. You are seeking all communications related to the construction of a wall, fence, or other physical or virtual barrier along the U.S.-Mexico border between your agency and the State of Arizona, including the Office of the Governor, the Office of the Secretary of State, the Office of the Attorney General, and the Arizona Department of Environmental Quality— including emails sent to or from your agency with email addresses ending in “az.gov” or “azgovernor.gov” or “azsos.gov” or “azag.gov” or “@azdeq.gov”. All communications related to the construction of a wall, fence, or other physical or virtual barrier along the U.S.-Mexico border between your agency and the State of California, including the Office of the Governor, the Office of the Lieutenant Governor, the Office of the Attorney General, and the California Environmental Protection Agency—including emails sent to or from your agency with email addresses ending in “ca.gov”. All communications related to the construction of a wall, fence, or other physical or virtual barrier along the U.S.-Mexico border between your agency and the State of New Mexico, including the Office of the Governor, the Office of the Lieutenant Governor, the Office of the Attorney General, and the New Mexico Environment Department—including emails sent to or from your agency with email addresses ending in “newmexico.gov” or “state.nm.us” or “nmag.gov” or “env.nm.gov”. All communications related to the construction of a wall, fence, or other physical or virtual barrier along the U.S.-Mexico border between your agency and State of Texas, including the Office of the Governor, the Office of the Lieutenant Governor, the Office of the Attorney General, and the Texas Commission on Environmental Quality—including emails sent to or from your agency with email addresses ending in “texas.gov” or “texasattorneygeneral.gov”. A search of the Office of the Executive Secretary (ESEC) and the Office of the Chief Information Officer (OCIO) for documents responsive to your request produced a total of 210 pages. Of those pages, I have determined that 101 pages of the records are releasable in their entirety, 32 pages are partially releasable, and 34 pages are withheld in their entirety pursuant to Title 5 U.S.C. § 552 (b)(4), (b)(5), and (b)(6), FOIA Exemptions 4, 5, and 6. FOIA Exemption 4 protects trade secrets and commercial or financial information obtained from a person that is privileged or confidential. The courts have held that this subsection protects (a) confidential commercial information, the disclosure of which is likely to cause substantial harm to the competitive position of the person who submitted the information and (b) information that was voluntarily submitted to the government if it is the kind of information that the provider would not customarily make available to the public. I reviewed the responsive documents, and relevant case law, and I determined that 7 pages are exempt from disclosure under subsection (b)(4) of the FOIA and must be withheld in order to protect the submitter’s proprietary interests. FOIA Exemption 5 protects from disclosure those inter- or intra-agency documents that are normally privileged in the civil discovery context. The three most frequently invoked privileges are the deliberative process privilege, the attorney work-product privilege, and the attorney-client privilege. After carefully reviewing the responsive documents, I determined that portions of the responsive documents qualify for protection under the Deliberative Process Privilege, and Attorney-Client Privilege. The deliberative process privilege protects the integrity of the deliberative or decision-making processes within the agency by exempting from mandatory disclosure opinions, conclusions, and recommendations included within inter-agency or intra-agency memoranda or letters. The release of this internal information would discourage the expression of candid opinions and inhibit the free and frank exchange of information among agency personnel. The attorney-client privilege protects confidential communications between an attorney and his client relating to a legal matter for which the client has sought professional advice. It applies to facts divulged by a client to his attorney, and encompasses any opinions given by an attorney to his client based upon, and thus reflecting, those facts, as well as communications between attorneys that reflect client-supplied information. The attorney-client privilege is not limited to the context of litigation. FOIA Exemption 6 exempts from disclosure personnel or medical files and similar files the release of which would cause a clearly unwarranted invasion of personal privacy. This requires a balancing of the public’s right to disclosure against the individual’s right to privacy. The privacy interests of the individuals in the records you have requested outweigh any minimal public interest in disclosure of the information. Any private interest you may have in that information does not factor into the aforementioned balancing test. During our search for responsive records, our office also located 21 pages of records that are under the purview of U. S. Customs & Border Protection (CBP), 3 pages that are under the purview of National Protection and Programs Directorate (NPPD), 5 pages that are under the purview of Office of Intelligence & Analysis (I&A), 13 pages that are under the purview of Department of State, and 1 page that is under the purview of U.S. Citizenship & Immigration Services (USCIS). Therefore, I am transferring your request, along with those responsive documents, to the FOIA Officer for these offices for processing and direct response to you. You may contact the other offices at the contact information below. U. S. Customs & Border Protection (CBP) FOIA Officer 1300 Pennsylvania Avenue, NW, Room 3.3D Washington, D.C. 20229 FOIA Officer/Public Liaison: Sabrina Burroughs Phone: 202-325-0150 CBP Website National Protection and Programs Directorate (NPPD) U.S. Department of Homeland Security Washington, D.C. 20528 FOIA Officer: Toni Fuentes Phone: 703-235-2211 Fax: 703-235-2052 E-mail: NPPD.FOIA@dhs.gov NPPD Website Office of Intelligence & Analysis (I&A) U.S. Department of Homeland Security Washington, D.C. 20528 FOIA Officer/Public Liaison: Brendan Henry Phone: 202-447-3783 Fax: 202-612-1936 E-mail: I&AFOIA@hq.dhs.gov I&A Website U.S. Citizenship & Immigration Services (USCIS) National Records Center, FOIA/PA Office P. O. Box 648010 Lee's Summit, MO. 64064-8010 FOIA Officer/Public Liaison: Jill Eggleston Phone: 1-800-375-5283 (USCIS National Customer Service Unit) Fax: 816-350-5785 E-mail: uscis.foia@uscis.dhs.gov USCIS Website U. S. Department of State A/GIS/IPS/PP SA-2, Suite 8100 Washington, D. C. 20522-0208 Public Liaison: Kellie Robinson Email: RobinsonKN@state.gov Phone: 202-261-8484 Facsimile: 202-261-8579 You have a right to appeal the above withholding determination. Should you wish to do so, you must send your appeal and a copy of this letter, within 90 days of the date of this letter, to: Privacy Office, Attn: FOIA Appeals, U.S. Department of Homeland Security, 245 Murray Lane, SW, Mail Stop 0655, Washington, D.C. 20528-0655, following the procedures outlined in the DHS FOIA regulations at 6 C.F.R. Part 5 § 5.8. Your envelope and letter should be marked “FOIA Appeal.” Copies of the FOIA and DHS FOIA regulations are available at www.dhs.gov/foia. Provisions of FOIA AND THE PRIVACY ACT allow DHS to charge for processing fees, up to $25, unless you seek a waiver of fees. In this instance, because the cost is below the $25 minimum, there is no charge. If you need any further assistance or would like to discuss any aspect of your request, please contact the analyst below who processed your request and refer to 2017-HQFO-01144. You may send an e-mail to foia@hq.dhs.gov, call 202-343-1743 or toll free 1-866-431-0486, or you may contact our FOIA Public Liaison in the same manner. Additionally, you have a right to right to seek dispute resolution services from the Office of Government Information Services (OGIS) which mediates disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. If you are requesting access to your own records (which is considered a Privacy Act request), you should know that OGIS does not have the authority to handle requests made under the Privacy Act of 1974. You may contact OGIS as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769. Sincerely, Kevin L. Tyrrell Director FOIA Appeals and Litigation Enclosure(s): Responsive Documents, 167 pages Subject: Executive Summaries on DHS Secy Impleme ntation Directive Memos Date: 2017/02/ 22 20:25:33 Type : Note Good evening _ , I was asked to do a couple Executive Summaries on the latest Memos from Sec Kelly. Did them in bullet format to get each on one page and I stripped off a couple NM notes prior to attaching to this e-mail. I don't know if they'd be of RI - any use to anyone or if someone might want to edit for their usage. Let me know if anyone finds that 1got something wrong or have mischaracterized the Memos i11any manner. Cabinet Secretary Department of Homeland Security &Emergency Management 13 Bataan Blvd Santa Fe, NM 87508 DHS-17-0303-A-000001 Sender: Recipient: Sent Date: 201?}?2f22 Delivered Date: ZDINUEIZZ 20:25:33 EXECUTIVE SUMMARY: DHS Guidance for the Implementation and Enforcement of Immigration Laws On memorandum regarding: "Implementing the President's Border Security and Immigration Enforcement Improvements Policies. " • • • • • • • • • • • • Implements new policies designed to stem illegal immigration and facilitate the detection , apprehen sion, detention and removal of aliens with no lawful basis to enter or rema in in the U.S. Ends policies collectively referred to as "catch-and-release"; policies which allow illegal immigrants to abscond and fail to appear at their removal hear ings . Policies will now mandate detention exercising discretionary parole on a case-by-case basis and only for urgent humanitarian reasons or significant public benefit. Execution of policy will be enabled through: o DOJ' s "surgi ng" of the deployment of immigration judges and asylum officers ; and o Establish/expand appropriate processing and deten tion faci lities , near the border To ensure operational control of the boarder ( detect , track , and apprehend all aliens illegally enter ing the U .S.) an addit ional 5,000 Customs and Border (CBP) agents will be hired as we ll as 500 Air & Mar ine Agents /Officers. Identify and quantify all sources of direct and indirect Federal aid or assistance to Mexico given on an annual basis for the last five fiscal years. Report due to Sec Kelly within 30 days. Expand the Section 287(g) program to maximize part icipation by state and local juri sd ict ions in the enforcement of federa l immigration law near the southern border. From Jan 2006 through Sept 2015 , the 287(g) Program led to the identificat ion of more than 402K removable aliens, primarily through encount ers at local ja ils. 1 Comm issio ned a compre h ensive study of the border security includin g the availab ility of federal and state resources to develop and implement an effective border security strategy. Directed to identify and allocate all sources of available funding for the planning, design , construction and maintenance of a wa ll (lighting, technology (sensors) , patrol and access roads). Expanding the usage of the Expe dited Removal provisions of the law; thus the need for detention faci lities near the areas of illegal alien entries. The screening and detention of aliens appre hended at the border is to occur at detention facilities " located at or near the point of appre hension." Impleme nting Immigratio n and Natio nality Act provi sio ns to return al iens to contiguous countries Proper processing and treatment of unaccompanied alien minors to include ending their status as "unaccompanied alien children" if p laced in custody with a parent or legal guardian who can care for that minor. May then go through remo val proc eedings if parents or guardian is in the U.S. illegally , parent or guardian may also be referred for crim inal prosecut ion . Prioritize crimin al prosecutions for immi grat ion offense s committed at the border (drugs , gangs , human trafficking) to include task force operatio ns with federal , state, and local agencies. Increase data collect ion and reporting 1 INA § 287(g) Program has been a highly successful force multip lier that allows a qualified state or loca l law enforceme nt officer to be desig nated as an "immigration officer " for purposes of enforcing federal immigration law, inclu ding the authority to investigate, identify, apprehend, arrest, detain, and conduct searches authorized under the INA , under the directio n and supervision of the Departme nt. DHS-17-0303-A-000003 EXECUTIVE SUMMARY: DHS Guidance for the Implementation and Enforcement of Immigration Laws On memorandum regarding: "Enfor cement of the Immigration Laws to Serve the National Int erest" • • • • • • • • • DHS personnel shall "execute the immigration laws of the U.S. against all removable aliens"; exercising prosecutorial discretion on a case-by-case basis regarding certain immigrant ch ildren, certain immigrant parents of U.S. citizens or lawful pennanent residents, and those granted asylum, "[DHS] w ill no longer exe mpt classes or categories of removable aliens from potential enforcement. Deferred actions, renewals and work authorizations are for a period of 3 years Prioritized removal of aliens based on (7) distinct considerations. Highest priorities are those who have been convicted of a criminal offense followed by those who have been charged with a criminal offense. Does include misrepresentation to a government agency (would include state and local) and abuse of any program related to the receipt of public benefits (at any level). DHS personnel shall make full use of all statutory authorities for expeditious removal of aliens. The "Priority Enforcement Program " is termina ted and the "Secure Communities Program" is restored . ICE and CBP to expand the 287(g) Program 1 Department personnel have full authority to arrest or app rehend an alien whom an immigration officer has probable cause_to believe is in violation of immigration laws. Establ ishes the Victims of Immigration Crime Engagement (VOICE) Office. Liaison between ICE and known victims of crimes committed by removable aliens providing information about the offender (immigrat ion status, custody status and immigration enforce ment efforts). Resourced by reallocating any and all resources currently used for outreach or advocacy on behalf of illegal aliens Capacity for the removal of aliens will be augmented through the hiring of I OKadditional ICE officers . Establ ish a program to collect all fines and penalties which the Department is authorized under law form aliens and those who facilitate their unlawful presence in the U.S. Department will no longer afford Privacy Act rights and protections to persons who are neither U .S. citizens nor lawful permanent residents. New guidance forthcom ing. ICE w ill provide a weekly report to the public of non-Federal jur isdictions that release aliens from their custody. Report shall contain the name of juri sdiction, citizenship and immigration status, the arrest, charge, or conviction , the date ofrelease, reason for release, explanation of why the detainer or request for custody was not honored, and all arrests , charges, or convictions occurring after the alien 's release from the custody of that jurisdiction. 1 INA § 287(g) Program has been a highly successful force multipli er that allows a qualifi ed state or loca l law enforcement office r to be designated as an "immigrat ion officer " for purposes of enforcing federal immigration law, including the author ity to investigate, identify, apprehend, arrest, detain, and conduct searches author ized under the INA , under the direction and supervision of the Department. DHS-17-0303-A-000004 From : To: Subject : OHSISSUESWAIVERTO EXPEDITTBORDERCONSTRUCTIONPROJECTSIN SAN DIEGOAREA Date: 2017/08/0110;10;34 Priority : Normal Type : Note X U.S. Department o/H omelcmd Security seal Press Office U.S. Department of Homeland Sec urity Press Release August 1, 2017 Contact: DH S Press Office, (202) 282-80 I 0 DHS ISSUES WAIVER TO EXPEDIT E BORD ER CONSTRUCTION PROJ ECTS IN SAN DIEGO A REA WASIITNGTON - The Departme nt of Home land Secur ity has issued a waiver to waive certain laws, regulations and other legal requirements to ensure the expeditious construction of barriers and roads in the vicinity of the international border near San Di ego. The wa iver will be published in the Federa l Reg ister in the coming days . This waiver is pursuant to authority granted to the Secretary of Homeland Secur ity by Congress and covers a variety of enviromnental, natural resource, and land management laws. The Department has exe rcised the waiver authority in Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRJRA) , as amended, on five previous occas ions from 2005 to 2008. The waiver covers certain border infrastructure projects in the United States Border Patrol ' s San Diego Sector, one of the bus iest sectors in the nation. In fiscal yea r 2016 DHS-17-0303-A-000005 alone, the United States Border Patrol apprehended more than 31,000 illegal aliens and seized 9,167 pow1ds of ma1;juana and 1,317 pounds of cocai ne in the San Diego Sector. The sector remains an area of high illegal entry for which there is an immediate need to improve current infrastrncture and construct additional border barriers and roads. To begin to meet the need for add itional border infrastructure in this area , OHS wi ll implement various border infrastructure projects. These projects will focus on an approximately 15-mile segment of the border within the San Diego Sector that starts at the Pacific Ocean and extends eastward, to approximate ly one mile east of what is known as Border Monument 251. Congress provided the Secretary of Homeland Security with a number of authorities necessa1y to carry out OHS 's border security mission . One of these authorities is found at section l 02 of the IIRIRA . Section 102(a) ofIIRIRA provides that the Secretary of Home land Security shall take such actions as may be necessary to install additional physical barriers and roads in the vicinity of the United States border to deter illega l cross ings in areas of high illegal entry into the Un ited States . ln sectio n 102(b) of IIRIRA , Cong ress has called for the installa tion of addi tional fencing , barriers , roads , lighting , cameras , and sensors on the southwest border. Finally , in section 102(c) of IIRIRA, Congress granted to the Secretary of Home land Security the author ity to waive all legal requirements that the Secretary, in his sole discretion , detennines necessary to ensure the expectitious const ru ction of the barriers and roads authorized by section l 02 of IIRIRA. The Department is implement ing Pre&ident Tn-1-mp ' s Execut ive Order 13767, Border Secmi ty and lmmigration Enforcement Impro veme nts, and contin ues to take steps to immediately plan , design and construct a physical wall along the southern border , using appropriate materials and technology to most effective ly achieve complete operational contro l of the southern borde r. While the waiver eliminates DHS ' s obligation to comply with va rious laws with respec t to covered projects , the Department remains committed to environmental stewardship with respect to the se projects. DHS has been coordinating and consulting -- and intends to contin ue doing so -- with other federal and state resource agenc ies to ensure impacts to the environment , wildlife , and cultural and historic artifacts are analyzed and minimized , to the extent possible . ### Sender : Recipient: DHS-17-0303-A-000006 From: To: S b"ect• DHSlSSUESWAIVERTO EXPEDITEBORDERCONSTRUCTIONPROJECTIN IMPERIALVALLEY, u J • CA Date: 2017/09/12 10:49:51 Priority : Normal Ty pe: Note US. Department of Homeland Security seal Press Office U.S. Department of Homeland Security P1..ess Relea.se September 12, 2017 Contact: DHS Press Office, (202) 282-8010 DHS ISSUES WAIVE R TO EXPEDITE BORD ER CONSTRUCT ION PROJ ECT IN IMPERIAL VALLEY, CA WASHINGTON - The Depaliment of Home land Sec ur ity has issued a wa iver to wa ive certa in laws , regulations and other legal requirements to ensure the expeditious construction of barriers in the vicinity of the internationa l border near Calexico, California. The waiver was published in the Federa l Reg ister today. This waiver is pw-suant to authority granted to the Secretary of Homeland Security by Congress and covers a variety of environmental , natura l resource, and land management laws. The Department has exerc ised the waiver authority in Section 102 of the Ill egal Immigration Reform and Immigrant Responsib ility Act of 1996 (IIRJRA), as amended , on five previous occasions from 2005 to 2008 , as well as exercising this waiver authority earlier this year for a project in the San Diego area, which was announced in August. Th is current waive r cove rs certain border Lnfrastructure projects in the United States Border Patrol's El Centro Sec tor, a c1itica l sector for border security. In fiscal year 2016 alone, the United States Border Patro l apprehended more than 19,400 illegal aliens and seized DHS-17-0303-A-000007 approximately 2,899 pounds of marijuana and approximately 126 pounds of cocaine in the El Centro Sector. The El Centro Sector remains an area of bigb illegal entry , and rep.lacing the existing fencing, which was built in the 1990s and no longer meets the Border Patrol ' s operational needs, is a high priority . To begin to meet the need for additional border infrash·ucture in this area, DR S will implement a border fence replacement project. This project will focus on an approximate ly three mile segment of the border within the El Centro Sector that starts at the Calexico West po1i of entry and extends westward , replacing approximately two miles of the existing primary pedestrian fence with a new bollard wal l. Congress funded the project in the FY 20 L7 DHS Approp1iations Act. Congress provided the Secretary of Homeland Security with a number of authmities necessary to carry out DHS's border security mission. One of these autho rities is found at sect ion 102 of the IIRIRA. Section 102(a) ofIIRIRA provides that the Secretary of Homeland Security shall take such actions as may be necessary to install additiona l physical barriers and roads in the vicinity of the United States border to deter illegaI cross ings in areas of high illegal enhy into the United States. In section l 02(b) of llRIRA, Congress has called for the installation of additional fencing , baniers, roads, lighting , cameras, and sensors on the southwest border. Finally, in section 102(c) ofIIRIRA , Congress granted to the Secretaiy of Home land Security the authority to waive all legal requirements that the Secretary, in his sole discretion , detennines necessary to ensure the expeditious construction of the baniers and roads authorized by section 102 of HRIRA. The Department is implementing President Trump's Executive Order L3767, Border Secur ity and Imm igration Enfo rcement Improvements , and continues to take steps to immediately plan, des.ign and construct a physical wall along the southern border , using appropriate materials and technology to most effective ly achieve complete operational control of the southern border. While the waiver elin1inates DHS's obligation to comply with various laws with respect to covered projects, the Department remains committed to environmental stewardship with respect to these projects. DHS bas been coordinating and consulting -- and intends to continue doing so - with other federal and state resource agencies to ensure impacts to the environment , wildlife, and cultural and historic artifacts are analyzed and minimized , to the extent possib le. ### Sender : Recipient : Delivered Date : 2017/09/12 10:49:51 DHS-17-0303-A-000008 From: To: Subject: Letter from the Governorto Acting SecretaryDuke Date: 2017/09/15 12:20:02 Type: Note Could you please share the attached letter with the Acting Secretary and appropriate staff. Thanks, - Director Governor Edmund G. Brown Jr 444 N. Capitol Street, NW DHS-17-0303-A-000009 Suite 134 Washington , DC 20001 Discl a imer The information contained in this communication from the sender is confidentia l. It Is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, 'you are hereby notified that any disclos ure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawfu l. This emai l has been scanned for viruses and ma lware, and may have been automatlca lly archived by Mj me cast Ltd , an innovator In Software as a Service (Saas) for business. Providing a saf e r and mor e usef ul place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here. Sender: Recipient: Delivered Date: 2017/09/15 12:20:02 DHS-17-0303-A-000010 OFFICE OF T H E GOVERNOR September 15, 2017 Th e Honorab le Elaine C . Duke Acting Secretary of Homeland Security Washington, D.C. 20528 Dear Aeling Secretary Duke: I am very co ncerned abo ut the impac t of your department 's "border wall" prototype construction project , sc hed uled to begin September 26, 20 17, near San Diego. You r proposed co nstru ction si te is at the border crossing between California and Mexico at Otay Mesa. This Port of Entry is one the busiest in the Western Hem isphe re and serv es as a thoroughfare fo r billion s of dollars of import and export activity . Any disruption arising from this construction will result in significant eco nomi c hardship for Californi a and the nation as a whole . So far , you h ave not produced a suita bl e plan for combating any of the serio us problems that will arise . In short , your project will wreak havoc on an important and well-use d commercial corridor. I urge you to reco nsider . Sincerely ) f},D i,-____........,_ "' row n Jr. GOVERNOR EDMUND G. BROWN JR • SACRA MENTO, CA LI FORNIA 958 1 4 • {916) 145-2841 DHS-17-0303-A-000011 ELIZABETHWARREN UNITEDSTA TFS SFNATF WA!:IHNC\ 1ON [)(: 20610 210; MASSACHUSETTS P 101 ~14 4fi4J rnMM,rnu, BANKING, IIOUSING, I\ND URBAN AFFAIRS Hl::AL'1H l:OUCATION, LABOR, ANO PENSIONS l40l1 JI K f LOI A/IL l:IUILOING 16 NEWSUDBURYSlRH f BOSTON MA ono:, I' R17 r.05 170 'l!ln1tcd ~rares ,5rnotc ARMl:D SE:RVICf;!:> I ~~O MAIN STIIEET SUl1E40d SPRINOrlFLO.MA 0111),1 P: 413 71111.,r.•l() SPECIALCOMMITTFCON AGING WWW WOtrcn Jla,,,,ttt,UUV February 9, 2017 Alaina Clark Acting Assistant Secretary, Office of Partnership and Engagement Department of Homeland Security Washington , D.C . 20528 Dear Ms. Clark, Today I wrote to Department of Homeland Security (DHS) Secretary Kelly about my concerns that President Trump ' s hastily-written and vague executive order on "Border Security and Immigration Enforcement Efforts" - a.k.a., the border wall - will require the OHS Secretary to divert resources from critical DHS priorities , hampering your agency's ability to carry out its mission and keep our country safe. You are currently Acting Assistant Secretary of the OHS office responsible for outreach efforts with state and local governments , and I am writing to you because I am specifically concerned about the impact of this executive order on homeland security and homeland security workers in Massachusetts. DHS has five critical responsibilities: terrorism prevention; border security; immigration enforcement; cybersecurity; and disaster preparedness and recovery. 1 President Trump's executive order does not increase funding to pay for the wall; instead, it appears to require that some portion of funds that are allocated for other purposes instead be used for the wall. I am concerned that this could mean reducing the number of DHS employees in Massachusetts, or reducing their salaries, or cutting funds appropriated for DHS state and local partnership programs in Massachusetts, including those that support screening teams to secure our airports , training in computer forensics to fight cyber crime, and emergency preparedness and response in local communities. To address these concerns , I ask that you respond to these questions no later than February 23, 2017. 1) Did Trump Administration officials consult with your office to determine the impact of the Executive Order on state and local homeland secmity efforts? 1 Department of Homeland Security Website , Our Mission (viewed Jan. 31, 2016 ) online at: h1tp s:// www .dhs .gov/our-miss ion. DHS-17-0303-A-000012 2) As a result of the Executive Order , will any of the funds allocated for DHS activities or staff (such as airport security) in Massachusetts be cut or eliminated? a. If so, by how much would these funds be cut? b. What specific program areas would be cut? c. What would be the impact of these cuts? 3) As a result of the Executive Order, will any of the funds allocated for OHS state and local partnerships in Massachusetts be cut or eliminated? a. If so, by how much would these funds be cut or eliminated? b. What specific partnerships would be cut or eliminated? c. What communities would be impacted by these cuts? 4) As a result of the Executive Order, will any of the OHS funds allocated for disaster preparedness and recovery in Massachusetts be cut or eliminated? a. If so, by how much would these funds be cut or eliminated? b. What specific disaster preparedness and recovery programs would be cut or eliminated? c. What communities would be impacted by these cuts? I have enclosed a copy of my letter to Secretary Kelly which discussed my concerns in additional detail. I look forward to your prompt response to my questions. Sincerely, DHS-17-0303-A-000013 1117 LONGWOATH 8UILDIN0 WAtiHI..GTON, DC 20515 12021275-5265 OFFICE CHRIS COLLINS 27TH DISTRICT, N£W VOAK 2813 WEHRLE DRIVE, Sum 13 w,w....SVlLLE, NY 14221 COMMITTEEON ENERGYAND COMMERCE • 1716)634-2324 8, • COMMUl\ilCATlONS TECH"'-!OLOG..HE.A.LIB • OVERSIGHT & ''-vtSTIC•TION5 ctongre.s.s of tbtmntteb~tate.s MA,,. 12s sm,ET Glll.ESfO, NY 1445.c 15851519.-4002 1!,ouseof Repres-entatib es,.._, en c::> ('") -.I February 2, 2017 co 0:, 1"11,,, c.n > ::?t .. The Honorable John Kelly Secretary of Homeland Security 245 Murray Lane SW Wash ington , D.C. 20528 • "'Tl rT'1 00 e,., CJ1 -<~ ,no ,,;_ .")~ S?n .•l~ C"':1 - < (Tl C, Dear Secretary Kelly: I am writing to express my concern regarding expedited implementation of the national Biometric Entry-Exit Tracking System outlined in Section 7 of the President ' s Exec utive Order entitled "Protecti ng the Nation from Foreign Terrorists Entry into the United States." This order calls for "i mplementati on of a biometric entry-exit tracking system for all travelers to the Unite d States," which would impact travelers at both ou r southern and northern borders equally. I strongly support increased national security measure s across our nation and commend President Trump for his swift action. However , I am concerned that an expedited implementation of this system will not take into consideration the differences in security interests at our northern and sou thern borders. As demonstrated by the President ' s Executive Order entitled "Borde r Security and Immigration Enforcement Improvements," which mand ates the construction of a physical wall on the southern border, the U.S. border with Mexico is significantly more vu lnerable to illega l immigration than the border with Canada. Additionally , the facilitation of ease of access between the U.S. and Canada is v ital to many local eco nomies , especially those in Western New York. It is undeniable that the eco nomies of New York State and Canada are linked. The border crossings in New York facilitate over $30 billion in bilateral trade between the state and Canada annually , and Canadian tourists spend over $1.6 billion in New York each year. www .ChrisCollins.house.gov PA""'lDl>"I"'C' a.,.1PAPtA DHS-17-0303-A-000014 Biometric entry-exit scanning at our northern border would significantly delay the daily commutes of hard-working Americans and Canadians and cause undue burdens on trade. Additional screening at the northern border would also surpass the current capabilities of many of our border facilities. This system would particularly hinder progress across the Peace, Queenston-Lewiston, and Rainbow Bridges in Western New York, which facilitate international travel for millions annually. Thank you for your time and consideration. I urge you to carefully consider the wide-spread impacts implementation of a biometric entry-exit system would have on our northern border. Sincerely, CHRIS COL Member of Congress DHS-17-0303-A-000015 l '.S. Depart ment of ll omelllnd St.rurity Was hington, DC 20528 Homeland Security MAR 15 2'.M 7 The Honorable Chris Collins U.S. House of Representative s Washington , DC 20515 Dear Representati ve Collins: Thank you for your February 2, 2017 letter. Secretary Kelly asked that I respond on his behalf. The 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) required an entry-exit data system to be implemented at ports of entry (PO Es) to identify visitors who overstay the terms of their visas. Following the events of September 11, 200 I, then-Secretary of Homeland Security , Tom Ridge , created the US-VISIT Program Office to design , implement , and manage entry-exit~ and announced that the entry-exit system would be biometric , which Congress subsequently codified in statute. The Department of Homeland Security (DHS). U.S. Customs and Border Protection (CBP), and US-VISIT worked hard to implement biometric entry in a manner that would continue to allow for smooth travel and trade operations. Subsequently , US-VISIT was considered one of the Federal Government's most successful programs to be implemented in response to the terrorist attacks of Septembe r 11. The 2004 Intelligence Reform and Terrorism Prevention Act also added a requirement at POEs, known as the Western Hemispher e Travel Initiative (WHTI). U.S. citizens returning to the U.S. from within the western hemisphere had to produce documentation proving citizenship and could no longer rely on just an oral declaration of their citizenship. Despite concerns that travel and trade at the border would be adversely affected, WHTI implementation was found to be successful, with high compliance and no discernib le increase in wait times at the border. In fact, the introduction of radio frequency identification (RFID ) in the land port proce ss reduced individual traveler wait times. With respect to implementing biometric exit, US-VISIT (now the Office of Biometric Identity Management (OBIM)) and CBP have carried out numerous biometric exit pilots in the air and land port environments, testing technology and the operational impacts since 2005. Using lessons learned regarding technology , passenger behavior , and multi-modal biometrics , CBP designed a successful biometric air exit pilot at Hartsfield-Jackson Atlanta International Airport, using five key parameters: DHS-17-0303-A-000016 The Honorable Chris Collins Page2 • • • • • A void adding another layer to the travel process (i.e. , stove-piped approach) ; Fit into existing airport infrastructure; Leverage existing airlin e systems, processes , and business models; Use current passenger behaviors and expectat ions without requiring new or unexpected steps for travelers~ and, Utilize advance passenger information and. to the greatest extent possible , other existing trave ler data and government systems to stage biometrics in small batches to facilitate faster matching. The Atlanta pilot uses a simple camera at the airline ' s boarding pass check point to take a traveler 's photo. This is an easy, quick. and contactless biometric collection. Facial recognition technology can then match the new photo with the traveler's previously collected passport/arrival photo(s) associated with issuance of travel documents or immigration processing. Biometrically matching a travele r's departure record to their previous arrival record strengthens the integrity of the immigration system and meets the statutory requirements of IIRIRA , as amended. Due to the success of the pilot, CBP believes it has developed an achievable vision and realistic plan for implementation of a biometric air exit program. This not only solves a 20-year statutory requirement, but it also provides an opportunity to re-design the entire travel process for airlines and passengers, bringing greater convenience and security. CBP intends to ensure that any future concept of operations for implementing biomet ric exit in all env ironments (air, land, or sea) adheres as close ly as possible to these same key parameters and aligns with our mission to enhance security while facilitating legitimate trade and travel. CBP will also continue working with Canada and our partners in the implementation of biometric exit at no11hem land POEs to pursue smooth operations for the local communities and travelers. Thank you again for your letter and your interest in this important issue. Should you wish to discuss this further. please do not hesitate to contact me. Sincerely , DHS-17-0303-A-000017 U NNIE 6. THOM PSON, MISSISSll'PI MICHAEl T. Mc CAUl , TU(.AS Cl/,41/tMAN RAN(l /1,G MEMBER r,..:, c=, __, OOat:!fun.br.eb llltftunt~Ql.angn.ss 1!l,,;. 3Hou.sr of l!uprurntatiut.s QLommittet on 1\f.omtlanh &ecurttu 3111as~tngton. mm 20515 February 21, 2017 ~ ('Tl 0:, N N -0 :l: c.r> C") o,~ -<:.:!: ;-rir,, ..,.,, :.nC :-,~ ,.., . ""~ ca "-,!:!! < rr, c..:> co 0 The Honorable John F. Kelly Secretary Department of Homeland Security Washington, D,C. 20528 Dear Secretary Kelly: I write to thank you for appearing before the Full Conunittee hearing entitled "Ending the Crisis: America's Borders and the Path to Security.'' on Tuesday, February 7, 2017. Your testimony was helpful refining the Committee's understanding of how the Administration plans to secure 1rheborder. I appreciate the effort you took preparing and presenting your testimony. While many questions were asked during the hearing, the Committee has additional questions, attached, for your reply. Please forward your responses to the Committee, attention , Chief Clerk, at H2-176 Ford House Office Building, by no later than Friday, March 10, 2017. Once again, thank you for appearing. incerely, MICHAEL T. McCAUL Chairman Attachment DHS-17-0303-A-000018 Secretary Kelly Page 2 Question s for the Reco rd by Mr. Will Hurd I. It is my understanding that the Department of State is in the midst of awarding a new contract for the development and issuance of the next generation of US passports. As the lead agency dealing with the security of our borders and inspecting everyone who enters our country, I am curious about your thoughts on what requirements should exist for this document throughout its lifespan from production to expiration. 2. Does the Deprutment of State requiring that all personnel worlcing on the Program have DOD Secret (or higher) Clearance? 3. Do you know if the executives (President, CFO, Security Officer, etc.) of the prime conh·actor AND the major Subcontractors have the appropriate Clearances? 4. Was DHS consulted when setting the requirements for the next generation passport throughout its lifespan? 5. Do you believe that the supply chain for the Next Generation US Passport is as secure as it could be? 6. Are there any concerns if the new passport personalization system is manufactured outside the US? 7. Are there any cybersecurity concerns if the software provided by the passport personalization contractor is manufactured and later updated outside the U 7 Que stions for the Record by Ranking Membe r Bennie G. Thompson 8. Pursuant to the ban, how many travelers did CBP detain? a. How many withdrew their applications for admission? b. How many were removed from the country? c. How many received waivers to enter the country? d. How many were denied boarding? e. How many visa" were revoked while the executive order was actively implemented by CBP? 9. Whal guidance did DHS and/or CBP headquarters provide CBP Officers regarding implementation of this executive order? a. When was this guidance drafted? b. When was it communicated to the field? c. What resources were made available to the field when conflicts or questions about implementation arose? d. Whal were some of the most common challenges faced by CBP Officers DHS-17-0303-A-000019 Secretary Kelly Page 3 10. The Executive Order on border security signed by President Trump last month requires you to "take all appropriate steps to immediately plan, design, and construct a physical wall along the southern border ... to most effectively achieve complete operational control of the southern border." It provides no further specifics. a. What are your plans for deploying the wall? b. For example, how many miles, what locations, what type of wall? c. What is the es6mated cost? d. How much of the land involved is private property? e. What other challenges do you see in the Department 's ability to dep loy additional wall along the border ? f. What is the estimated cost for maintenance of that wall? 11. The Government Accountability Office (GAO) and others have reported on the need for better data and metrics to assess the effectiveness of various border security investments, including infrastructure and technology . The Border Patrol has struggled to replace its "operationa l control'' metric with another meaningful measure of border secur ity. g. What goals and measures will you use to assess effortS and investments to secure U.S. borders? h. When can we expect to see these metrics in use by the Department? 12. Each year, millions of visitors, foreign students, and immigrants enter the United States on a legal temporary basis . The majority of visitors depart on time; however, significant numbers of visitors overstay their authorized periods of admission. Although OHS has spent significant resources on exit -related efforts, the Department has yet to implement a biometric exit capability. a. What are your plans to successfully implement a biometric exit capability so that OHS can accurately count the number of overstays , identify foreign nationals who overstay or violate the terms of their visit, and enforce relevan t laws ? b. How will you ensure that the capability does not impede legitimate travel and commerce? c. What are your plans to develop and implement a strategy for addressing overstays once an exit capability is operational? 13. On January 23, 2017, President Trwnp signed a memorandum ordering a freeze on the hiring of Federal civilian employees to be applied across the board in the executive branch. The memorandum provided that the head of any executive department or agency may exempt from the hiring freeze any positions necessary to meet national security or public safety responsibilities. a. Presumably the hiring of Border Patrol agents, U.S. Customs and Border Protection (CBP) officers, U.S. Immigration and Customs Enforcement (ICE) special agents is exempt, conect? DHS-17-0303-A-000020 Secretary Kelly Page 4 b. Dut what about other non-law enforcement, but mission-critical positions, such as CBP Agricultural Specialists, seized property specialists, and support personnel? c. If these positions go unfilled, law enforcement officers will likely be pulled from their field to compensate. Please explain how the hiring freeze is being implemented with respect to these critical, non- law enforcement positions and at the Department of Homeland Security generally. 14. Recent cyber hacks and attacks have compromised business operations, critical infrastructure, and even campaign activity. There is no sign that the cyber threats we face will become less frequent or less severe. a. How do you expect the President's federal hiring freeze to affect the Department's ability to carry out its cyber security mission? b. Will you be able to hire the talent you need to protect our networks? 15. President Trump's Executive Order on border security directs the hiring of an additional 5,000 Border Patrol agents, but gives no other specifics. a. What is the timeframe for hiring these additional agents? b. Are you aware that Border Patrol is already more than 1,800 agents short of its existing staffing target and has struggled to hire enough agents just to keep pace with attrition? c. CBP's Office of Field Operations is having similar problems. How are you going to address hiring challenges at CDP while ensuring that new hires are suited for the job? DHS-17-0303-A-000021 lanitrd iStatcs,Senate WASHINGTONDC 20510 SCANHEDiRECE lVEO BY ES:-CSEC February 22, 2017 2017 MAR- 3 PH3: ~O The Honorable Rex Tillerson Secretary of State U.S. Department of State 2201 C St. NW Washington, D.C. 20520 The Honorable John F. Kelly Secretary of Homeland Security U.S. Department of Homeland Securit y Washington , D.C. 20528 Dear Secretary Tillerson and Secretary Kelly , On the eve of your trip to Mexico City, we encourage you to take advantage of your visit to reaffirm the strategic importance of the U.S.-Mexico partnership . With more than 35 million Mexican-Americans and Mexicans residing in the United States and more than a million U.S . citizens living in Mexico, our nations are fortunate to enjoy deep social and cultural connections . The American and Mexican people share common values and a commitment to democratic principles. President Trump's commentary - both during the campaign and since his inauguration - is damaging this critical bilateral relationship and endangering U.S . national security. The United States engages in extensive collaboration with Mexico on a broad range of issues that advances U.S. national security and economic competitiveness. The U.S. and Mexican governments conduct law enforcement and intelligence cooperation on counterterrorism and countemarcotics. Our governments work together every day to combat the illegal trafficking of drugs , weapons , money , and people . The armed forces of both countries routinely conduct joint training exercises sponsored by the U .S. Northern Command. Mexico is our second large st export market and, according to the Office of the U.S. Trade Representative , the United States exported over $266 billion in goods and serv ices to Mexico in 2015. Recent reports by the non-partisan Woodrow Wilson Center have documented that roughly S million U.S. jobs depend on our trade with Mexico. We believe that trade agreements should be updated ; strengthening labor and environmental protect ions would benefit both Americans and Mexicans . Talk of punitive tariffs and threats against investor s in Mexico , howe ver, put American job s tied to exports to Mexico in jeopardy. Ill-informed and arbitrary measures could make it more difficult to create the hiigh-quality domestic jobs, including dome st ic manufacturing jobs, that are critical to ensuring continued economic recovery that reaches all American communities. DHS-17-0303-A-000022 A~ditionally, ~e want to voice our opposition to President Trump ' s proposal to build a 2,000m1le wall-estimated to cost $21 billion - on the U.S.-Mexico border. A 20 16 Drug Enfor~e~ent ~dministratio~ report finds that the preferred method of drug traffi cking orgamzations is to smuggle illegal narcotics among licit cargo and drive into the United States at a legal port of entry. Since 1990, over 220 tunnels have been found at the U.S.-Mexico border . We therefore agree with your statement at your confirmation hearing , Secretary Kelly, that a wall "wi ll not work." As the U.S. strugg les with a nationwide epidemic caused by illicit heroin and fentanyl - both of which are trafficked illegally into the United States from Mexico - America's citizens deserve serious proposals, not gimmicks. A border wall, no matter how huge, will do nothing to stop tunnels or trafficking at our port s of entry. Instead, we should make new investments in technology at the border and ports of entry and strengthen intelligence and law enforcement cooperation with our Mexican partners. In closing, we note for you that six former U.S. Ambassadors, whose combined tenure across Democratic and Republican administrations extends to the late 1980s, recentl y wrote that "U.S.Mexico relations touch the daily lives of more Americans than ties with any other ~ount? • U ,S. prosperit y and the security of our homeland are deeply affected by the type ~f _relattonsh1pwe have with our southern neighbor ." We agree , and we urge you to use your VISlt to forge a strong partner ship based on mutual respect with the Government of Mexico. Sincerely, ~~· ~ Benjam in L. Cardin United States Senator United States Senator ~ j A.!lJI.. ==~ rldey United States Senator s\ Robert Menendez United States Senator ~~ Patrick J. Leah y United States Senator DHS-17-0303-A-000023 ,,, i,tum Set:,·ewryfm · Punut r,, ltip ,111J £11gu g,·111 ,·nt l .~. l)epar1 nicnl orHomeland Securil) Washingtorc DC 20528 1 March 28, 20 17 The Honorable Elizabeth Warren United States Senate Washington , DC 20510 Dear Senator Warren: Thank you for your letter of February 9, 20 17, regardin g the Executive Order entitled Border Security and Immigration Enforcement Impro vements (January 25, 2017) and the impact of the Order on Department of Homeland Security staff stationed in Massachusetts. Since the issuance of the President ' s Executive Order, the DHS Office of Partnership and Engagement has actively been engaged in the Departme nt's efforts to inform external stakeholders and to address their questions or concerns. l personally met with the Governors ' Homeland Security Advisors Council to discuss the Order, address their questions , and receive their feedback. Additionally, Secretary Kelly has addressed numerous stakeholders, including virtually all of our Nation's state Governors and both the National Sheriffs ' Associat ion as well as the Major City Chiefs Association/Major City Sheriffs ' Association. The Secretary has also held law enforcement roundtables with federal, state, and local law enforcement on recent trips to border communitie s, to include McAllen, Texas ; Nogales, Arizona; and San Diego, California. My office has been significantly involved with these engagements, and we have provided invaluable feedback to senior Department and Administration leaders. The Executive Order' s requirement to ''identify and, to the extent pennitted by law, allocate all sources of Federal funds ... " must - by the Order 's express tenns - be read in conjunc tion with the transfer limitations imposed by the laws regarding appropriat ions for the Deparhnent. Therefore , it is not a mandate to transfer funds; but rather to identify funds available for transfer subject to legal restrictions. Whjle it is premature to identify what funds may be transferred, Congress will receive appropriate notifications required by statute prior to any transfer of funds. As Secretary Kelly and the Department of Homeland Security move forward with implementing the President's Executive Orde r, we will continue to engage with you and our partners, to includ e those from the Commonwealt h of Massachusetts, to ensure they are appropriate ly informed and included in our efforts to enforce the laws of our Nation. DHS-17-0303-A-000024 The Honorable Elizabeth Warren Page2 Thank you again for your letter. If you wish to discuss this matter further , please do not hesitate to contact me. Sincerely , cQQ 2 Alaina R. Clark Acting Assistant Secretary for Partnership and Engagement DHS-17-0303-A-000025 KAY GRANGER 12TH DISTRICT, TEXAS APPROPRIATIONSCOMMITrEE c,,.~ Qtongress of tbt 1Inittt,~tates ~ou~t of luprtstntatibti ... WASHl>IGTON OHICE 1021 LONGWORTHHOUSE OFflCE SUILOING WASHINGTON, O.C 20515 C202) 22!>-507' F.uc; /202122 5683 • 0£FE,.Sl SUBCOMMITTEE 01S TNCT Office · MEMIEII , ST4Tt 4NO fOIIEIGN O"IRATIOHS SueCOMMOTH SUITE 407 1701 RIVER RUN ROAD FORTWORTH, TX 78107 t817) 338-0909 f,uc (8'71335-5852 MlM8iR , E"EIIGY AHO WATEII SUICOM"'41lffl uvg....,ger .houH .gov March 9, 2017 ...., c::, -:x __. ~ The Honorable John F. Kelly Secretaryof Homeland Security U.S. Department of Homeland Security Washington,D.C. 20528 :;o I \D (/) n cx,'E: - c:::, __, :JC l> ::0 I -.J (/) ("") • -<% z OJ p -,f7'1 , ,, C) ~ ....... ..,, _.., . r,; :x ·nm.. N.. n < ,, :::ci March 7, 2017 The Honorable John Kelly Secretary U.S. Department of Homeland Security 3801 Nebraska Ave. NW Washington, DC 20016 • N Dear Mr. Secretary; On February 16, 2017, I sent you a letter regarding a report released by the Government Accountability Office (GAO), which raises serious questions about the construction and 1 deployment of fencing along the Southwest border. On February 24, 2017, the Department of Homeland Security (OHS) announced that Customs and Border Protection (CBP) would issue a solicitalion on March 8, 2017, for the design and build of several prototype wall structures in the vicinity of the United States border with Mexico.2 [ request that OHS provide a briefing for the Committee regarding OHS' acquisition process and fWlding for this requirement. I request that OHS provide the following information and documents at or before the briefing: ( 1) The appropriated funds and fiscal year funds lhat have been identified to fund this phase of the requirement within and outside of OHS; (2) The programs that have been identified to receive funding cuts or be completely eliminated, as a result of any potential repurposing of appropriations for CBP or OHS as a whole, and what the size of those funding cuts will be; (3) Whether DHS has requested pennission from the appropriate appropriations committees to repurpose existing funds; (4) The funding vehicle that OHS has decided to use; (5) A copy of the Life Cycle Cost Estimate for this acquisition and the planned follow up acquisitions; (6) Whether any interagency agreements were used to finance this requirement, and if so what agencies were involved and the transfer authority used; ' Government Accountability Office, Southwest Border Security : Additional Actions Needed to Better Asses.r Fencing's Confributions to Opera1ions and Provide Guidance for Identifying Capability Gaps (GA0 -17-331) (Feb. 2017) . 2 FedBizOpps.Gov, Design-Build Structure (Feb. 24, 2017) (online at https://www.fbo.gov/index?s=opport unity&mode=form&id=b8e 1b2a68765 I 9ca0aedd748e I e49 1cf&tab=core&_cview=0). DHS-17-0303-A-000027 £Tl 0 The Honorable John Kelly March 7. 2017 Page 2 (7) A copy of the Independent Government Cost Estimate; (8) A copy of the market research report; (9) Whether there was a request for information already conducted with industry to assess the current state the art on fencing/wall technology a copy of the responses to the RFI; ( I0) If there is a sensor/technology component to the design/build proposal, the level of JT security risk that DHS has assigned to this acquisition; ( 11) A copy of the cost estimate provided to the Department of Homeland Security regarding the total cost of building a border wall referenced in a February 9, 2017, article by Reuters, and the name of the entity that conducted the estimate;3 ( 12) A copy of the analysis of alternatives; ( 13) Any other report, business case, or analysis prepared by OHS in preparation for the solicitation; ( 14) lf any of the above referenced reports was completed by a contractor, the name of the contractor, and a copy of the contract charged for completion of the report, for each of the referenced reports; ( 15) Whether any of these funds being used are prior funds appropriated to fund the SBINet Program or projects; and ( 16) A list of projects/deliverable elements that SBinet was going to provide that continued as a level 3 acquisition at CBP. 1request that the briefing be sclteduled on or before March 13, 2017. The information requested in this letter is in addition to the information I requested on February 16th for which we are still waiting a response. Please contact or Please send any official correspondence relating to this request to Thank you in advance for your attention to this matter. Sincerely, Claire McCaskill Ranking Member cc: Ron Johnson Chairman 3 Exclusive - Trump Border "Wall " to Cost $21.6 billion, Take 3.5 Years to Build: Internal Report Reuters (Feb. 9, 2017) (online at www.reuters.com/article/us-usa-trumpimmigration-wal1-exclusive-idUSKBNl 502ZN) . DHS-17-0303-A-000028 UNNl l G. THOMPSON. MISSISS9' PI AANKIHGMEMIEf'I MICHAEL T. Mc:CAUL. TiXA & CHA'f'IMAN artmcn1 of Homclanll Securil) \\ a,hini:t on, OC l0:i2 8 Homeland Security MAYl 9 2017 The Honorable Al Franken United States Senate Washington, DC 20510 Dear Senator Franken: Thank you for your April 6, 2017 letter. Secretary Kelly asked that I respond on his behalf. The Secretary appreciates receiving your concerns regarding the importanceof aviation security programs. border security. and addressing illegal immigration. The Department of Homeland Security (O HS) is committed to ensuring that the Fiscal Year (FY) 2018 budget request provides the Federal Emergency ManagementAgency and the TransportationSecurity Administration with sufficient resources to successfully accomplish their missions. While the FY 2018 budget request provides a narrower focus for the Visible JntermodalPrevention and Response program. the program \\.ill remain operational in high~valueregions of the country. Additionally, please know that DHS's approach to border security is not limited to physical barriers. While physical barriers are essential to achieving increasedsecurity on the Southern Border, the Secretary recognizes that the barriers must be bolstered by accompanying technology and the persistent patrol and vigilance of the dedicated men and women of DHS. ln particular, the Secretary recognizes securing the border requires addressing the multitude of challenges posed by drug trafficking and transnational criminal organizations. Attacking drug trafficking requires a comprehensive approach involving the incorporation of multiple elements that includes but is not limited to: • • • • Drug demand reduction: Rehabilitation; Law enforcement action; and, Working with nations on reducing heroin production. Expanded cooperation with partner nations-particularly Canada, Mexico, and the Central American nations-is an important complementto the investment DHS is making in border security. To that end. Secretary Kelly co-chairs the Threat Mitigation Working Group (TMWG) together with the Attorney General, Secretary of State, and Directorof National Intelligence. to implement the Executive Order. "Enforcing Federal Law with Respect to Transnational Criminal Organizations and Preventing International Trafficking,"signed by President Trump on February 9, 2017. The TMWG will support and improve coordination of DHS-17-0303-A-000069 The Honorable Al Franken Page 2 federal agencies' efforts to identify , interdict , investigate , prosecute, and dismantle tran snat ional criminal organizations within and beyond the United States. In June 2017, OHS and the Department of State, in collaboration with the Government of Mexico and Inter-American Development Bank (IDB). will host a two-day conference on Central America to address challenges and opportunities facing the Northern Triangle countries with the goal of creating a safer and more economically stable region capable of creating jobs, overcoming the challenges presented by transnational criminal organizations and networks , enhancing border security capacity, and reducing irregular migration to the United States . OHS is also committed to supporting the President 's Commission on Combating Drug Addiction and the Opioid Crisis that was established in accordance with Executive Order 13784on March 29. 2017. The Secretary strongly believes that drug demand reduction is a critical element of the U.S. Government 's counternarcotic strategy . DHS also agrees that we need to make changes to our immigration laws to enhance the integrity of our immigration system and provide an anractive , but legal pathway to U.S. citizenship. OHS looks forward to working with Congress to make the long-overdue changes to our immigration laws that will enable us to accomplish this goal. As the FY 2018 budget process continues, be assured that the Department will keep in mind the concerns you expressed in your lener. as well as your strong support for proven programs that protect Americans from threats to our national security. Thank you again for your letter and your interest in this important maner. The co-signers of your letter will receive separate, identical response~ . Should you wish to discuss this further, please do not hesitate to contact me . Sincerely. ¼· m Under Se r ary for Management (Acting) DHS-17-0303-A-000070 t·.s. Department of ll o mcland Sccur11) Wash ington, l)C 20!'i28 Homeland Security MAY19 2017 The Honorable Tim Kaine United States Senate Washington, DC 20510 Dear Senator Kaine: Thank you for your April 6, 2017 letter. Secretary Kelly asked that I respond on his behalf. The Secretary appreciates receiving your concerns regarding the importance of aviation security programs, border security, and addressing illegal immigration. The Department of Homeland Security (OHS) is committed to ensuring that the Fiscal Year (FY) 2018 budget request provides the Federal Emergency Management Agency and the Transportation Security Administration with sufticient resources to successfully accomplish their missions. While the . FY 2018 budget request provides a narrower focus for the Visible lntennodal Prevention and Response program, the program will remain operational in high-value regions of the country. Additionally, please know that DHS's approach to border security is not limited to physical barriers. While physical barriers are essential to achieving increased security on the Southern Border, the Secretary recognizes that the barriers must be bolstered by accompanying technology and the persistent patrol and vigilance of the dedicated men and women of OHS. In particular, the Secretary recognizes securing the border requires addressing the multitude of challenges posed by drug trafficking and transnational criminal organizations. Attacking drug trafficking requires a comprehensive approach involving the incorporation of multiple elements that includes but is not limited to: • • • • Drug demand reduction; Rehabilitation; Law enforcement action; and. Working with nations on reducing heroin production. Expanded cooperation with partner nations-particu larly Canada, Mexico, and the Central American nations- is an important complement to the investment OHS is ma.kingin border security. To that end, Secretary Kelly co-chairs the Threat Mitigation Working Group. (TMWG) together with the Attorney General, Secretary of State, and Director of National Intelligence, to implement the Executive Order, "Enforcing Federal Law with Respect to Transnational Criminal Organizations and Preventing International Trafficking," signed by President Trump on February 9, 2017. The TMWG will support and improve coordination of DHS-17-0303-A-000071 The Honorable Tim Kaine Page2 federal agencies' efforts to identify. interdict, investigate, prosecute, and dismantle transnational criminal organizations within and beyond the United States. In June 2017, DHS and the Department of State, in collaboration with the Government of Mexico and Inter-American Development Bank (IDB), will host a two-day conference on Central America to address challenges and opportunities facing the Northern Triangle countries with the goal of creating a safer and more economically stable region capable of creatingjobs, overcoming the challenges presented by transnational criminal organizations and networks, enhancing border security capacity, and reducing irregular migration to the United States. OHS is also committed to supporting the President's Commission on Combating Drug Addiction and the Opioid Crisis that was established in accordance with Executive Order 13784 on March 29, 2017. The Secretary strongly believes that drug demand reduction is a critical element of the U.S. Government's counternarcotic strategy. OHS also agrees that we need to make changes to our immigration laws to enhance the integrity of our immigration system and providt=an attractive, but legal pathway to U.S. citizenship. DHS looks forward to working with Congress to make the long-overdue changes to our immigration laws that will enable us to accomplish this goal. As the FY 2018 budget process continues. be assured that the Department will keep in mind the concerns you expressed in your letter, as \.veilas your strong support for proven programs that protect Americans from threats to our national security. Thank you again for your letter and your interest in this important matter. The co-signers of your letter will receive separate, identical responses. Should you wish to discuss this further. please do not hesitate to contact me. Sincerely, r1f·~€----~um Under Sec tar for Management (Acting) DHS-17-0303-A-000072 l.S. Department of llomeland Security Washingrnn. l>C 20S28 Homeland Security MAYt g 2017 The Honorable Mark R. Warner United States Senate Washington, DC 20510 Dear Senator Warner: Thank you for your April 6, 2017 letter. Secretary Kelly asked that I respond on his behalf. The Secretary appreciates receiving your concerns regarding the importance of aviation security programs, border security, and addressing illegal immigration. The Department of Homeland Security (OHS) is committed to ensuring that the Fiscal Year (FY) 2018 budget request provides the Federal Emergency Management Agency and the Transportation Security Administration with sufficient resources to successfully accomplish their missions. While the FY 2018 budget request provides a narrower focus for the Visible Intennodal Prevention and Response program, the program will remain operational in high-value regions of the country. Additionally, please know that DHS's approach to border security is not limited to physical barriers. While physical barriers are essential to achieving increased security on the Southern Border. the Secretary recognizes that the barriers must be bolstered by accompanying technology and the persistent patrol and vigilance of the dedicated men and women of OHS. In particular, the Secretary recognizes securing the border requires addressing the multitude of challenges posed by drug trafficking and transnational criminal organizations. Attacking drug trafficking requires a comprehensive approach involving the incorporation of multiple elements that includes but is not limited to: • • • • Drug demand reduction; Rehabilitation; Law enforcement action; and, Working with nations on reducing heroin production. Expanded cooperation with partner nations--particularly Canada, Mexico, and the Central American nations-is an important complement to the investment OHS is making in border security. To that end, Secretary Kelly co-chairs the Threat Mitigation Working Group (TMWG) together with the Attorney General, Secretary of State, and Director of National Intelligence, to implement the Executive Order, ··Enforcing Federal Law with Respect to Transnational Criminal Organizations and Preventing International Trafficking," signed by President Trump on February 9,2017. The TMWG will support and improve coordination of DHS-17-0303-A-000073 The Honorable Mark R Warner Page 2 federal agencies' efforts to identify. interdict. investigate. prosecute. and dismantle transnational criminal organizations within and beyond the United States. In June 2017, OHS and the Department of State, in collaboration with the Government of Mexico and Inter-American Development Bank (IDB), will host a two-day conference on Central America to address challenges and opportunities facing the Northern Triangle countries with the goal of creating a safer and more economically stable region capable of creating job s, overcoming the challenges presented by transnational criminal organizations and networks, enhancing border security capacity, and reducing irregular migration to the United States. OHS is also committed to supporting the President's Commission on Combating Drug Addiction and the Opioid Crisis that was established in accordance with Executive Order 13784 on March 29, 2017. The Secretary strongJy believes that drug demand reduction is a critical element of the U.S. Government's counternarcotic strategy. OHS also agrees that we need to make changes to our immigration laws to enhance the integrity of our immigration system and provide an attractive, but legal pathway to U.S. citizenship. OHS looks forward to working with Congress to make the kmg-overdue changes to our immigration laws that will enable us to accomplish this goal. As the FY 2018 budget process continues. be assured that the Department will keep in mind the concerns you expressed in your letter. as well as your strong support for proven programs that protect Americans from threats to our national security. Thank you again for your letter and your interest in this important matter. The co-signers of your letter will receive separate, identical responses. Should you wish to discuss this further, please do not hesitate to contact me. Sincerely, ~ Under Secre for Management (Acting) DHS-17-0303-A-000074 LS. l)cpartmcu1 of llom cland Scrurity Wa~hingrou, IK 20528 Homeland Security MAY 1 9 2017 The Honorable Thomas R. Carper United States Senate Washington, DC 20510 Dear Senator Carper: Thank you for your April 6, 2017 letter. Secretary Kelly asked that 1respond on his behalf. The Secretary appreciates receiving your concerns regarding the importance of aviation security programs, border security, and addressing illegal immigration. The Department of Homeland Security (OHS) is commiued to ensuring that the Fiscal Year (FY) 2018 budget request provides the Federal Emergency Management Agency and the Transportation Secur.hy Administration with sutlicient resources to successfully accomplish their missions. While the FY 2018 budget request provides a narrower focus for the Visible lntennodal Prevention and Response program, the program will remain operational in high-value regions of the country. Additionally, please know that DHS's approach to border security is not limited to physical barriers. While physical barriers are essential to achieving increased security on the Southern Border, the Secretary recognizes that the barriers must be bolstered by accompanying technology and the persistent patrol and vigilance of the dedicated men and women of OHS. In particular, the Secretary recognizes securing the border requires addressing the multitude of challenges posed by drug trafficking and transnational criminal organizations. Attacking drug trafficking requires a comprehensive approach involving the incorporation of multiple elements that includes but is not limited to: • • • • Drug demand reduction; Rehabilitation; Law enforcement action; and, Working with nations on reducing heroin production. Expanded cooperation with partner nations-particularly Canada, Mexico, and the Central American nations-is an important complement to the investment DHS is making in border security. To that end, Secretary Kelly co-chairs the Threat Mitigation Working Group (TMWG) together with the Attorney General, Secretary of State, and Director of National Intelligence, to implement the Executive Order, "Enforcing Federal Law with Respect to Transnational Criminal Organizations and Preventing International Trafficking," sit:,rnedby President Trump on February 9, 2017. The TMWG will support and improve coordination of DHS-17-0303-A-000075 The Honorable Thomas R. Carper Page2 federal agencies' efforts to identify, interdict, investigate, prosecute, and dismantle transnational criminal organizations within and beyond the United States. In June 2017, OHS and the Department of State, in collaboration with the Government of Mexico and Inter~American Development Bank (IDB) , will host a two-day conference on Central America to address challenges and opportunities facing the Northern Triangle countries with the goal of creating a safer and more economically stable region capable of creating jobs, overcoming the challenges presented by transnational criminal organizations and networks, enhancing border security capacity, and reducing irregular migration to the United States. OHS is also committed to supporting the President's Commission on Combating Drug Addiction and the Opioid Crisis that was established in accordance with Executive Order 13784 on March 29, 2017. The Secretary strongly believes that drug demand reduction is a critical element of the U.S. Government's countemarcotic strategy. OHS also agrees that we need to make changes to our immigration laws to enhance the integrity of our immigration system and provide an attractive, but legal pathway to U.S. citizenship. DHS looks forward to working with Congress to make the long-overdue changes to our immigration laws that will enable us to accomplish this goal. As the FY 2018 budget process continues. be assured that the Departmentwill keep in mind the concerns you expressed in your letter, as well as your strong support for proven programs that protect Americans from threats to our national security. Thank you again for your letter and your interest in this important matter. The co-signers of your letter will receive separate, identical responses. Should you wish to discuss this further, please do not hesitate to contact me. Sincerely, y for Management (Acting) DHS-17-0303-A-000076 t:.S. Dcpartmcnl of Homrland Security Wiishington. DC 20528 Homeland Security MAY19 2017 The Honorable Maria Cantwell United States Senate Washington, DC 20510 Dear Senator Cantwell: Thank you for your April 6, 2017 letter. Secretary Kelly asked that l respond on his behalf. The Secretary appreciates receiving your concerns regarding the importance of aviation security probl'fams,border security, and addressing illegal immigration. The Department of Homeland Security (DHS) is committed to ensuring that the Fiscal Year (FY) 2018 budget request provides the Federal Emergency Management Agency and the Transportation Security Administration with sufficient resources to successfully accomplish their missions. While the FY 20 18 budget request provides a narrower focus for the Visible lntennodal Prevention and Response program. the program will remain operational in high-value regions of the country. Additionally, please know that DHs·s approach to border security is not limited to physical barriers. While physical barriers are essential to achieving increased security on the Southern Border. the Secretary recognizes that the barriers roust be bolstered by accompanying technology and the persistent patrol and vigilance of the dedicated men and women of DHS. In particular, the Secretary recognizes securing the border requires addressing the multitude of challenges posed by drug trafficking and transnational criminal organizations. Attacking drug trafficking requires a comprehensive approach involving the incorporation of multiple elements that includes but is not limited to: • • • • Drug demand reduction; Rehabilitation; Law enforcement action; and, Working with nations on reducing heroin production. Expanded cooperation with partner nations-part icularly Canada, Mexico, and the Central American nations-is an important complement to the investment OHS is making in border security. To that end, Secretary Kelly co-chairs the Threat Mitigation Working Group (TMWG) together with the Attorney General, Secretary of State, and Director of National Intelligence,to implement the ExecutiveOrder, "Enforcing Federal Law Y,rithRespect to TransnationalCriminal Organizationsand PreventingInternationalTrafficking," signed by President Trump on February 9, 2017. The TMWG will support and improve coordination of DHS-17-0303-A-000077 The Honorable Maria Cantwell Page2 federal agencies' efforts to identify, interdict, investigate, prosecute. and dismantle transnational criminal organizations within and beyond the United States. In June 2017, OHS and the Department of State, in collaboration with the Government of Mexico and Inter-American Development Bank (IDB), will host a two-day conference on Central America to address challenges and opportunities facing the Northern Triangle countries with the goal of creating a safer and more economically stable region capable of creating jobs, overcoming the challenges presented by transnational criminal organizations and networks, enhancing border security capacity, and reducing irregular migration to the United States. DHS is also committed to supporting the President's Commission on Combating Drug Addiction and the Opioid Crisis that was established in accordance with Executive Order 13784 on March 29, 2017. The Secretary strongly believes that drug demand reduction is a critical element of the U.S. Government's counternarcotic strategy. DHS also agrees that we need to make changes to our immigration laws to enhance the integrity of our immigration system and provide an attractive, but legal pathway to U.S. citizenship. OHS looks forward to working with Congress to make the long-overdue changes to our immigration laws that "'~11enable us to accomplish this goal. As the FY 2018 budget process continues, be assured that the Department will keep in mind the concerns you expressed in your letter. as well as your strong support for proven programs that protect Americans from threats to our national security. Thank you again for your letter and your interest in this important matter. The co~signers of your letter will receive separate, identical responses. Should you wish to discuss this further. please do not hesitate to contact me. Sincerely, DHS-17-0303-A-000078 City of McAllen Office of the Mayor SCA NEO/HtCEIV ED BYESEC ~r.:c 2011 FEB17 AH9: I~- JAMESE. DARLING MAYOR February l, 20 l 7 Secretary General Jim Kelly Department of Homeland Security Dear Secretary Kelly: Welcome to our City of McAlle n and the Rio Grande Valley of Texas. I am Jim Darling, Mayo r of ·'Gro und Zero for the Border Surge." Our city has been working close ly with the U.S. Border Patrol and CB P in handling the thousands of familie s from Central Ame rica who have been released to our city bus stat ion. We are not a sanctuary city. We are a city that has prov ided needed humanitarian relief as part of this process. We, who live on the border, appreciate that there are many compl icated issues before President Trump sucb as foreign policy, immigration and asy lum policies , trade , and border security , on both s ides of the river). I know that you are here today to get a firsthand look at how we ll, or not, border secu rity is here in our area. As mayo r of ··Ground Zero," I would like to make a proposal that is a win - win for President Trump. We think a borde r wall in this area is not only a border security asset, but also a way to improve the safety of ou r citizens. Specifica lly, I am talking about 28 miles of borde r wa ll along the levee system near the river that will augmen t the already constructed 20 miles of border wall. We mean a wall and not a border fence . ft is a win for the president in his pledge to make the border more secure and a win for the citizens in providing needed flood protection. In fact, I have a handout of the sp ecific locations. I a lso want to say that the Mexican citize ns that l know, do not necessarily care about a wall. Thousands of people from Mex ico come into Texas every day for legiti mate reasons and if they have a concern, it is bridge wait times, not walls. What they do care about, like we do as Americans, is pride in their country . I wo uld sincere ly hope that the messages from Washington , D .C. take that into conside ration as discuss ions with the Mexic an government continue . We sincerely apprecia te yo ur taking the time from yo ur important schedule to visit us. Your trip here, so shortly a~er your appo intment, shows how much the Rio Grande Valley means to Texas and our co untry . incerely , r;,~a~ P.O. Box 220 • McALLEN. TEXAS78505-0220• (956) 681-1003 • FAX(956) 681- 1010 DHS-17-0303-A-000079 Secrerwy U.S. Depar tment o f llom cland Scc uri~ • Washington. DC 20528 Homeland Securit y Apr il 11, 2017 James E. Darling Mayor City of McAllen P.O. Box 220 McAllen , Texas 78505 DearMayo r Darli ng: Thank yo u for your February 1. 20 17 letter. J apprecia te your co nti nued suppor t Corthe Department of Home land Sec urit y (O HS) and U.S . Custom s an d Border Protect ion (CBP) , not onl y for your criti cal role in CB P 's mig rant res ponse but also as we imp leme nt Preside nt Trump 's Exec utive Ord er (E O), Border Sec urity igration £1?/ ~ -0 ::0 General John F. Kelly Secretary Department of Homeland Security 245 Murray Lane SW Washington , DC 20528-0075 -<~ ~r- 1 _, ,...ni::..f'Tl 'C") ~ :::: - cr,!2! •"'T'Jrr. c-,-! 0 >' C Secretary Kelly: I am writing to you today to respectfully request the Department of Homeland Security consider Check-6 lnc. ' s response to the agency ' s request for information regarding construction of the border wall. Check-6 is headquartered in Tulsa , Oklahoma , and is a performance consulting firm that drives operational efficiency and safety optimization for their clients through technology , coaching , training, and process management. Check-6 is not a construction company , but they manage major projects to ensure that they are successful through these key tactics. They embed the front line with support for maximum impact and are 100 percent staffed with our veterans. As you consider the needs of the Administration with respect to the border wall, I wanted to bring this company 's submis sion to your attention so that you can more fully evaluate it. Sincerel y, ~~ James M. Inhofe United States Senator http· / 11nhofe.,eha te.gov DHS-17-0303-A-000081 < l'T1 0 >'~ee••FJ< r,' •r 1 1 ,'Mrr--o r, ,or;.Janl 1,~enn•i, :~.1• ,1, ,1; , I I~ o'J~r,., ,·111-tcrrw1IM1-f'-' f-rN:<:.-, ~ DHS-17-0303-A-000082 >'~e •>H.+{,' •r 1 1 ,'Mrr--o r,,or;.Jaril 1,~enn•i, :--.1• ,1, ,1; , I I~ o'J~r,., ,·11,-tcrmeifMl-f'-' f-rN:<:.-,~ DHS-17-0303-A-000084 DHS-17-0303-A-000086 • 7C -f. ' 'Z, C ~ • £ i l ~· C ''i ' •.~ ~ " r' ~ f ' t Ir.' .;; >'~e,<1Ai {,' •r I 1 ,',1/Jfl""" r,,>r;.Janl t,~e•l·!l> PC".~· •t· ,1;, I I ~ o'J~rr, ,·11,-tcrm"flM•-f" f-rN:<:.-, ~ DHS-17-0303-A-000087 l='~>c<1AA{,' • ti 1/,lllfl""" r,->r;.Jant 1,~enn•P C'.1 ,1, ,1; , i I~ o'J~r,., ,·11,-te rrn-t1M, "f'-' f-rN:<::",~ DHS-17-0303-A-000088 JOHN M May5 , 2017 c::> U) --J CD -e :::J: > -< The Honorabl e John Kelly Secretary U.S. Department of Homeland Secur ity 380 1 Nebraska Ave NW Washington, DC 20016 N O" -0 n -<~ rT1f•1 :,nC "'l"l- .,,,., -:-,,J .. ::i: ~ "< :-:ir,1 n - Dear Mr. Secre tary: Thank you for appearing before the Senate Homeland Security and Governmental Affairs Commi ttee at our April 5, 20 17 hearin g on "Improvi ng Border Secur ity and Public Safety ." As you are aware , border sec urity is a top oversight priority of this Committee. I appreciate the information the Department of Homeland Security (OHS) has provided to the Commi ttee about its policies to secure the border and I look forward to further answers that OHS will provide . A recent Wall Street Journal article titled, "Trump Admini stration Cons iders FarReac hing Steps for 'Ext reme Vetting ,"' descr ibed a series of changes to screenin g procedures that might soo n be implemented concerni ng travelers to the United States. 1 The article noted that, '·[t]oreigner s who want to visit the U.S. may be forced to disclose contacts on their mobile phone s, socia l-media passwords and financial records, and to answe r probing que stions about their ideol ogy. " 2 I wan t to be sure that these procedures are effect ive in stopp ing terrorists, who may simply e lect to trave l wit h "b urn er" phone s and lie about their ideo logy. Of course, I also want to ens ure that border scree ning conducted at our port s of entry does not conflict with the values of our nation and the protections of our Cons titution. I am also concerned about the potential cost of the "contig uous, phy sica l walr ' that President Trump has ordered bui lt along the southwest borde r.3 My staff has reported that the per-mile cost derived from information provided by OHS cou ld result in a total cost of the 4 constr uction of the border wa ll of nearly $70 billion. I was pleased by yo ur testimo ny that "it's 1 Trump Administration Considers Far-Reaching Steps/or 'Extreme Vetting ', Wall Street Journa l (Ap r. 4, 20 17)( https: // www.wsj.com/articles /trump -admi nistration-con s iders-farreaching- steps-for-extreme -vetting-1491303602). 2 lei. 3 Exec. Order 13767, 82 Fed. Reg. 8793 (Jan. 25, 2017). 4 Minority Staff , Senate Homeland Security and Governmenta l Affairs Committee , Southern Border Wall: Soaring Cost Estimates and Lack of Planning Raise Fundamental Questions about Administration 's Key Domestic Priority (Apr . 18, 20 17). DHS-17-0303-A-000089 rn Cl The Honorable John Kelly May 5. 20 17 Page 2 unlikely that we will build a wa ll or physical barri er from sea to shini ng sea'' and that you have engaged officials with U.S . C ustoms and Bor der Protection (CBP) who "know exactly where they want wa ll and they know exactl y how long the wa ll shou ld be in their sec tor." 5 I support your consu ltation with CBP officia ls on the need for addit iona l infrastructure and techno logy. [n order to better understand the proces s and scale of searches of e lectron ic devices , and your plans for the border wal l, I reque st you provide the fo llowi ng information at your earlies t convenience but in no event later than May 26, 20 17: 1. Of the elect ronic devices searc hed betw een 20 15 and 2017, how many belonged to U.S citizens? Lawful permanent residents ? Othe r visa holders ? 2. Of the electronic device s searche d betwee n 20 15 and 2017, how man y were seized or detained for further scru tin y? How many had information that was passed on to other law enforceme nt agencies for further act ion? 3. What steps does CBP take to ensure that any data passed along to other law enforcement agencies is protected ? 4. lf a citizen or visa holde r be lieves that thei r device has been imp rope rJy searched, w hat is their recou rse? Does CBP trac k comp laint s regarding improper searc h tactics? 5. Plea se specify the substantive and proced ural criter ia that are used to determine whether and in what circumstances requests or demands for access to travelers ' electronic devices or device passwords or socia l med ia usema mes and password s are made . 6. Please provide the Committee any and all written polic ies, directives, or guidance o n sea rching and seizing electronic devices at the border and/or access ing passwords to suc h devices and/or access ing trave lers' soc ial media use marn es and /or passwor ds. 7. Are trave lers required! to answer que stions about their religious be liefs or po litical ideo logy before being granted entry into the Un ited Sta tes? If so, wha t question s are asked? How do CBP officers determine w hich trave lers are questioned? 8. What training do CBP officers receive regarding quest ioning travelers at ports of entry? 9. I ask that you provide the Committee w ith copies of any and all req uests made to your of fice by Border Patrol secto r chiefs and/or other senior CBP officials since U.S. Senate Com mittee on Home land Security & Governmenta l Affa irs, Testimon y of Joh n F. Kell y, Hearing on Improving Border Security and Public Safety, I 15th Cong. (April 5, 2017). 5 DHS-17-0303-A-000090 The Honora ble John Kelly May 5, 20 17 Page 3 you became Sec retary detai ling wha t additi onal techno logy and how man y mile s of ad ditional border barr iers are needed along the so uthw est border and whe re that addi tional technology and/o r those border barrier s should be dep loyed. I 0. Acco rdin g to an inter nal OH S assessme nt published by The Wash ;ngton Post, April 30 was Border Patrol 's deadlin e for prioriti z ing operatio nal requ irements for border barrier. I as k that you pro vide the Committee with full copies o f the priorit ized operatio nal req uirements for bo rder barrier that the Border Patrol has identi tied. o u for your assistance with this matt er. with my staff at r any o th c 1al corresponde nce re lated to this reque st to Sincerely, Claire McCa skill Rankin g Member cc: Ron Johnson C hairma n DHS-17-0303-A-000091 TOHO NO O'ODHAM N ATION O FFICE OF THE CH AIRMAN AND VI CE CHAIRMA N EDWARDD. MA UEL Y ERLON M. JO C CHAIRMAN VI CE CHAIRMAN June 6, 2017 The Honorable John F. Kelly Secretary of Homeland ecurity Washington, D.C. 20528 Re: April 13th Meeting with Tohono O'odham Implementation and Tribal Consultation Nationre: Executive Order 13767 Dear ecretary Kelly: On behalf of the Tohono O'odham Natio n, I am writing to follow up on the Nation's April 13, 2017 meeting with the Department of Homeland ecurity to discuss the Department's intentions regarding implementation o f the President's Executive Order (E.0.) 13767, Border Security and Immigration Enforcement Impro vements, and the Department's related tribal consultatio n effons. i\s the Nation has made clear in prior correspondence and several meetings on the subject of the border wall, the Nation has a longsranding working relationship with Customs and Border Protection (CBP), and shares DHS's goal of enhanced border security -- bul it also is concerned about how border security under the E.O. will be implemented on the . ation's reservation. O n April 13th, the Nation 's delegation met with Randolph Alles, ~\cting Deputy Commissioner, CBP; .--\laina Clark, DI-IS Deputy Assistant ecretary, Office of Partnership and Engagement; David Munro, DH S Direct or, Tribal and Government Affairs; Tim Quinn, Executive D irector, CBP Inte rgovernme ntal Publi c Liaison (IPL); Mary Hyland, Deputy Executive Director, CBP IPL; Cary Huffman , Chief, trategic Planning and Analysis, CBP; Patrick Schmidt, Chief of Staff, IPL, and several other IPL representatives. In the course of our meeting (and consistent with your receot testimony before the Senate Committee on Homeland Security and Governmental Affairs), we were assured by D eputy Commissioner Alles and others in the meecing that DHS / CBP will build a border wall only where it makes sense, and chat the wall will include technology (rath er than a physical barrier) where appropriate. Deputy Commissioner Alles also stated that the area of current DH /C BP focus is the Rio Grande -valley,that DH docs not have funding to build a border wall in Arizona in FY 2017, and that the DHS /C BP budget request for a wall in FY 2018 is not for Arizona. Finally, the Deputy Commissioner indicated that no agency decision had been made regarding a walJ P.O. Box 837, SELL S, ARIZONA 85634 PHONC:520.383.2028 FAX:520.383.3379 DHS-17-0303-A-000092 The Hon. John F. Kelly Secretaryof Homeland Security June 6, 2017 Page2 in Arizona and none is forthcoming. Although it appeared that DHS and CBP were still working on a plan for tribal consultation, the Deputy Commissioner told us that the agency will not come up with a border wall plan for Arizona without talking to the Nation first -- leading us to believe that meaningful tribal consultation would occur, consistent with the law and the DHS tribal consultation policy requiring government -to-government consultation prior to taking actions that may impact tribes. See Section 102(b)(l)(C) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended; DHS Tribal Consultation Policy, II.B. and III.A. Soon after our meeting, on April 18th, the Senate Committee on Homeland Security and Governmental Affairs released a minority staff report on the Southern Border Wall. The report states: "CBP also briefed that the DHS budget blueprint for FY 2018 will request approximately $2.6 billion to construct approximately 71 miles of new border barrier and associated technology and infrastructure in the Rio Grande Valley, Tucs on, and/ or El Paso sectors.'' Southern Border Wall Report at 3, citing a CBP briefing of the HSGAC Committee on March 27, 2017. The Washington Post similarly reported that a DHS planning document identifies the border sectors of the Rio Gran de Valley, El Paso, Tucson and San Diego as "high priority" and that ''[t]n fiscal 2018, Homeland Security is initially planning for 71 more miles of a border barrier in the Rio Grande Valley, Tu cson and El Paso sectors -- at an estimated cost of $2.6 billion." The information that CBP provided to Congress in March -- that the Tucson sector will be included in DHS FY 2018 budget requests -- is completely inconsistent with the representations made to the Tohono O'odham Nation by the DHS and CBP representatives at our April 13th meeting. The Nation's leadership is understandably concerned about the accuracy of the information that DBS and CBP provided regarding its plans for a border wall in Arizona, and consequently, whether DHS/CBP in fact plans to consult in a timely fashion with the atioo and other affected tribes should OHS obtain FY 2018 funding for a border wall in Tucson sector. We look forward to hearing from you to clarify the confusion created by the Department regarding its plans for a border wall in Arizona and its approach and plans for formal consultation with the Nacion. If you have any questions, please feel free to contact me at 520/383-2028, or one of our attorneys, at~ r at Sincerely, !r, ~«i'<"'.y, l .( I Chainnan Edward D. Manuel cc: Randolph Alles, Acting Deputy Commissioner, CBP Alaina Clark, Acting Assistant Secretary, Office of Partnership aod Engagement David Munro, Director of Tribal Affairs, Office of Partnership and Engagement Tim Quinn, Executive Director Intergovernmental Public Liaison, CBP Cary Huffman, Chief, Strategic Planning and Analysis, CBP DHS-17-0303-A-000093 JOHNMcCAIN 218 Russn, -.AtlONA S•~•n o...c, BuOLo•NG OC 20510-0303 1202) 224-2235 W4 SHINQT0 N , CHAIRMAN,COMMITTEEON ARMEDSERVICES COMMITTEEON HOMElANOSECURIT'/ ANO GOVERNMENT.O.L AfFAIIIS SCAD~.?~qi~ C_[!VEO 'JP!£f dA ~}\CJ S~ rnat£ 2201 ROAO su,n 115 AZ 85016 1802) 952-2410 2617 COMMITTEEON INOIA',jAFFAIRS EAST C4MeLl4Ck PHOINI~. 122 No•tH Conn Suen SUITl 108 AZ 86301 19281 445-0833 P•ucon. June 29, 2017 407 WUT CONG•fss su,n 103 T UCSON, Staur A.Z86701 15201 670-63 34 The Honorable John Kelly Secretary U.S. Department of Home land Security TELEl'HONE P:0" HEARING IM PAIRED (8021 952-0170 301 7th Street, SW Washington, DC 20528 Dear Secretary Kelly: I write to bring to your attention a letter that I received from Edward Manuel, the Chairman of t he Tohono O'odham Nation , concern ing the Administration ' s interest in constru cting a wall along the U.S.-Mexico border . As you know , the reservation of the Tohono O' odham Nation spans 75 miles of the Mexican border in Ar izona. The Department of Homeland Security (OHS) and U.S. Customs and Border Protect ion (CBP) have a longstanding pract ice of coord inating and consulting with the Nation on a variety of border security issues. In his letter , Chairman Manuel references the existing DHS Tribal Consultation Policy. I respectfully request you revi'ew the enclosed letter from Chairman Manuel and reply directly to him . Let me emphasize that I am not asking you to take any action that would contravene existing rules or guide less. I only wish to ensure that the Nation receives a time ly reply to this inquiry . John McCain United States Senator DHS-17-0303-A-000094 T0H0N0 O'0DHAM NATION OFFICE OF THE CHAIRMAN AND VICE CHAIRMAN VERLON M. JOSE EDWARD D. MANUEL CHAJRMAN VICE CHAIRMAN June 6, 2017 Senator John McCain 218 Russell Senate Office Building Washington, DC 20510 Re: Proposed Border Wall and Executive Order 13767 Dear Senator McCain: On behalf of the Tohono O'odham Nation, we thank you for your strong support of border security efforts focused on improved technology. The Nation aJso strongly supports technology-based measures to ensure that the border is secure, and we are working with Customs and Border Protection (CBP) to deploy more of this type of technology on the reservati on. As we explained in our April 13th meeting with your Legislative Assistant Nick Matiella, over the past decade, the Nation has spent an average of$3 million of tribal funds annually on border security and enforcement. The Nation has worked closely with both CBP and Immigration and Customs Enforcement (ICE) to facilitate enhanced border security measures on the reservation. The Nation has several agreements with CBP and ICE in place, we have two CBP forward operating bases on the reservation and an on-reservation ICE office. There are extensive vehicle barriers along the border on the reservation, a patrol road that runs the length of the border, and CBP checkpoints on the Nation· s major east-west highway to Tucson and the northern highway to Casa Grande. The Nation's police department also leads a multi -agency , High Int~nsity Drug Trafficking Area task force on the reservation. Currently, we are working with CBP on installing Integrated Fixed Tower systems on the reservation to further improve border security. In our meeting last month, we aJso expressed concern about the Nation's recent efforts to engage in consultation with CBP Tucson sector regarding the implementation of Executive Order I 3767 on the reservation. As you know, under the Immigration Reform and Immigrant Responsibility Act of 1996, as amended , and pursuant to the Department of Homeland Security (DHS) Tribal Consultation Policy, OHS and CBP are required to consult with tribes in a timely manner prior to taking actions that may impact tribes. To date no. formal consultation has been conducted with respect P.O. Box 837, SELLS, ARlZONA 85634 PHONE: 520.383.2028 FAX: 520.383.3379 DHS-17-0303-A-000095 to implementation of E.O. 13767. After our meeting with your office we met with CBP Acting Deputy Commissioner Randolph Alles, OHS Deputy Assistant Secretary Alaina Clark, and other OHS and CBP staff, who assured us that there currently is no plan for constructing a physical wall on the border in Arizona and that DHS and CBP will not take action regarding any border security measures on the reservation without first consulting the Nation. We appreciate those assurances, but it appears that OHS may in fact include the Tucson sector in its border wall-related funding requests for FY 2018 (Senate HSGAC Minority Report on the Southern Border , at 3), and we have not yet been informed of any plans for tribal consultation related to implementation of E.O. 13767. We are hopeful that DHS and CBP will live up to their word and enga ge in meaningful consultation with the Nat ion as required by law, before plann ing or taking any action on the Nation's reservation. Nevertheless, the Na tion believes that your leadership and support is crucia l to ensuring that the requi red consultation occurs in a timely and meaningful manner, and so with this letter we ask that your office reach out to OHS to urge that it begin the formal consulta6on process. We are committ ed to working with the federal government toward our shared goal of increased border security. We ask that we be treated as a valued partner , and work together on a government-to-government basis, in that effort. Thank you again for your ongoing support for effective border security initiativ es. Sincerely, a~ ~ l . (' 'j ;-- ,,.. 1 :::c·c/, y Cha irman Edward D. Manuel P.O.Box 837, SELLS, ARIZONA 85634 PHONE: 520.383.2028 FAX: 520.383.3379 DHS-17-0303-A-000096 ~ongressof t1Jc ~nitcb ~tatcs U fosh111 uro11 , -DIC.203\0 July 5. 20 17 The President The White House 1600 Pennsylvania Avenue, N.W. Washington , D.C. 20500 Dear Mr. President: You have said repea ted ly that your number one priority is to protect the Ame rican people from harm. It is for that reason we write today with profound concern regarding plans in your Fiscal Year 2018 (FY 18) budget request to reduce the Department of Homeland Security Science and Technol ogy Directorate (S&T) by 28% in order to fund a border wall. Most specifically, immediate ly after the release of your budget, the S&T Directorate began plann ing the closure of the National Biodefense Ana lysis and Countenneasurcs Center (NBACC) on Fort Detrick and the Chemical Security Analysis Center (CSAC) on Aberdeen Proving Ground. These actions are alarmin g and will put the American people at greater risk of a chemica l or biological terrorist attack. This fateful decision is compounded by the fact that your administrat ion' s work toward closing these fac ilities is beginning well before Congress has enacted an appropria tions bill for FY 2018 , which run s afoul of the basic principles of checks and balances establish ed in the Const itution. Congress fully funded both the NBACC and CSAC in the Fiscal Year 2017 appropriations measure you signed into law last month. The NBACC was directed in 2004 to provide our national security apparatus and federal law enforcement agencies with state- of-th e art, cutting-edge laboratory capab ilities to character ize newl y identifi ed biological threats and analyze their planned or actual capacity for delivery and to do forensic analysis in support of law enforce ment investigations and prosecution. The wo rk of this lab was considered so vital to U.S. national sec urity that the federal governme nt invested more than one half-billion dollars on the const ruction and staffin g of the lab (wh ich opene d in 2011 ). The NBACC ' s two centers - the National Bioforen sic Analysis Cente r (NBF AC) and the National Biological Threat Characterization Center (NBTCC) - conduct technical analyses in suppon of federal law enforcemen t investigations and identify biological vulnerabilities and hazards to our nation . The NBACC labs have the uniqu e abi lity to conduct class ified work for the intelligence community and for the Department of Defense at biosafety level (BS L) 4, in order to counter emerg ing threats and study pathogens where no vacci ne or treatment exists . DHS-17-0303-A-000097 The NBACC mission continues to be crucial to U.S. national security. The closure of this lab will be disastrous. This is a one-of-a-kind facility, with one-of-a kind capabilities that cannot be replicated , and it provides critical support lo multiple agencies throughout the government. Fort Detrick is a center of gravity in the defense of our nation aga inst biological threats and its selection as the home of the NBA CC mission was purposeful for the expert ise and knowledge found there. The scientists and technicians there now have spent years developing highly specialized expertise and are now our nation 's leading experts in the field. This talent is irreplaceab le. The Department of Homeland Secur ity established the CSAC in 2006 to address chemical threats and hazards to the homeland. This lab is the only government asset capable of providing around-the-clock reachback in the event of a chemical threat. The Center delivers immediate, accurate, and actionable instructions to first responders at the federal , state, and local level. CSAC plays a proactive role in identifying vulnerabilities in our nation's infrastructure , effectively mitigating damages from accidenta l chemical discharg e to terrorist attacks. The loss of this laboratory will significantly compromise our homeland security. We urge you to suspend any actions that would lead to the closure of these two facilities , both of which play vital roles in America 's national security and the safety of the American people which cannot be replicated elsewhe re. Closing these labs will only serve lo put our country at risk by creating chemical and biological vulnerabilities that terrorists and adversaries are anxious to exploit. The risk of biological and chemical agents being used is increasing. This is not the time to be weakening our defenses against such weapons. You should direct the Department of Homeland Security and Office of Management and Budget to reverse immediately any actions they have taken to shutter these facilities , while allowing Congress to carry out its constitutional responsibilities of oversight and appropriatio ns. We will vigoro usly oppose any attempt to close the doors of these facilit ies. which are actively engaged in the daily protection of the people of this country. It is clear to Congress and should be clear to you that the threats our nation faces from chemical and biological terrorist attacks far exceed any perceived benefit of a wall on our southe rn border. Sincerely , ~~ -{__ . United States Senator Chris Van Hollen United States Senator DHS-17-0303-A-000098 C6,&t-t p~ Member of Congress cc: John K. Delaney Membe r of Congress 2 Mick Mulvaney, Director, Office of Management and Budget Secretary John Kelly, Department of Homeland Security Attorney General Jeff Sessions, Department of Justice Director of Nationa l Intelligence Dan Coats DHS-17-0303-A-000099 FOR OFFICIAL USE ONI Y The Department of Homeland Security 's Response to Chairwoman Lujan Grisham 's February 10, 2017 Letter 1. A wall along the U.S.-Mexico border would divide land belonging to the Tohono O'odam Nation in Arizona. How does OHS plan to involve the tribe to ensure that such construction would not separate families or encroach upon sacred burial grounds? U.S. Customs and Border Protection (CBP) frequently consults with leaders from the Tohono O' odham Nation (TON) at the field and headquarters levels. U.S. Border Patrol (USBP) Tucson Sector leadership holds regular meetings to discuss all aspects of USBP operations within TON lands, including manpower and infrastructure resourcing. On March 9, 2017, the Acting Sector Chief received a letter from Chairman Edward Manuel requesting "formal government-to-government consultation with Tucson Sector," regarding Executive Order 13767. This is in accordance with the OHS Tribal Consultation Policy, "To the greatest extent practicable, subject to Exigent Situations and to the extent permitted by law, OHS will engage in Consultation with affected Tribal Governments prior to adopting policies or taking actions that are identified by OHS as having Tribal Implications." CBP Acting Deputy Commissioner Randolph AJJes emphasized the agency's commitment to this consultation in his April 13, 2017 meeting with Chairman Manuel and other leaders from the TON . Consistent with DHS policy and with respect for the shared interests with the Tohono O' odham Nation, CBP will continue to engage TON leaders on issues surrounding implementation of the President's Executive Order. Addition ally, U.S. Immigration and Customs Enforcement has a TON law enforcement group, the Shadow Wolves, who form a tactical patrol unit within the TON. 2. How does DHS plan to communicate with local governments to ensure the autonomy of state law enforcement after the implementation of EO 13768? Since the release of the President' s Executive Orders, the Office of Partnership and Engagement (OPE) has been actively engaging and communicating with external stakeholders, including state and local law enforcement, on DHS 's efforts to implement the Executive Orders. OPE leadership met with the Governors' Homeland Security Advisors Council to discuss the recent Executive Orders and address questions they had, as well as receive their feedback for DHS 's consideration as the Executive Orders are implemented. Additionally, Secretary Kelly addressed both the National Sheriffs' Assoc iation, the Major Cities Chiefs Association/Major County Sheriffs' Association, and the U.S. Conference of Mayors and discussed the Executive Orders and received their feedback. Secretary Kelly has also held law enforcement roundtables with Federal, state, and local law enforcement on recent trips to the border - including to McAllen, Texas; Nogales, Arizona; and San Diego, California - where he discussed the Executive Orders, explained his plans to implement them, and received feedback. OPE and other OHS Components will continue to engage and work with stakeholders, including state and local law enforcement, on the implementation of the Executive Orders within the confines of the law . July 2017 Page 1 FO DHS-17-0303-A-000100 FOROFFI 3. How is DHS working with the State Department (DOS) to ensure that the estimated 100,000 vetted foreigners who had visas revoked as a result of EO 13769 are promptly reissued visas? Specific questions on the reinstatement of visas should be refened to the Department of State. 4. To date, how has DHS been involved in the refugee admittance process review mandated by EO 13769? Executive Order 13769 has been revoked and replaced by Executive Order 13780. On June 29, 20 17, the Departm ent of Homeland Security provided implementation guidance internally and externally reflecting the U.S. Supreme Court 's interim ruling. Thi s guidance can be found online at: https://www.dhs.gov/news/2017/06/29 /dhs-announcesimplementation-travel-re striction-provi sions and https ://www.dhs.gov/news /2017 /06/29/frequentl y-asked-questions-protecting-nationforeign- tenori st-entry-united-states. 5. EO 13769 disrupts the Central American Minors program, a vital humanitarian system that allows vetted children from El Salvador, Honduras, and Guatemala to escape violence in their home states. Did the order force Customs and Border Protection to turn away children who were vetted and currently in transit to the United States? Please see the answer to Que stion 4. 6. Given the vulnerability of unaccompanied children from Central America, have you considered exempting such children from the ban? Please see the answer to Question 4. July2017 Page 2 FOR OF y DHS-17-0303-A-000101 ,-...> CJ) c:> CONGRESSIONAL HISPANIC Michelle Lujan Grisham I I 5TH CAUCUS I Chniriuoma11 CONGRESS o:,?; rT'l c:, -<~ w ,--;, :::.> ::r: 'P. February 10, 2017 ('") ..,, -..I ... rr,rTl CJ') Cl -,:;o 1-,, 'r) C") M ;r1 n - • -J < rri 0 The HonorableJohn F. Kelly U.S. Departmentof HomelandSecurity Washington, D.C. 20528 Secretary Kelly, We write to condemn PresidentTrump' s recent ExecutiveOrders and demand that the Departmentof HomelandSecurity (DHS) work to uphold the letter of the law. ExecutiveOrders 13767, 13768,and 13769, which call for constructionof a wall along the U.S.-Mexicoborder, defund sanctuary cities, and restrict the entry of refugees from seven Middle Eastern states, are anti-immigrant, un-American,and isolate the United States. We request that you promptly respond to the fo11owingquestions regardingthe implementationof these executive orders: 1. A wall along the U.S.-Mexico border would divide land belonging to the Tohono O'odam Nation in Arizona. How does OHS plan to involve the tribe to ensure that such constructionwould not separate families or encroach upon sacred burial grounds? 2. How does DHS plan to communicate with local governmentsto ensure the autonomyof state law enforcementafter the implementationofEO 13768? 3. How is DHS working with the State Department (DOS) to ensure that the estimated 100,000vetted foreigners who had visas revoked as a result of EO 13769are promptly reissued visas? 4. To date, how has OHS been involved in the refugee admittanceprocess review mandated by EO 13769? 5. EO 13769disrupts the Central American Minors program, a vital humanitariansystem that allows vetted children ifromEl Salvador, Honduras,and Guatemala to escape violence in their home states. Did the order force Customs and Border Protection to tum away children who were vetted and currently in transit to the United States? 6. Given the vulnerabilityof unaccompanied children from Central America, have you consideredex.emptingsuch children from the ban? No t Pnnted •I Tupav••'• E~pante ,r,-e- ,, DHS-17-0303-A-000102 In light of current legal battles over the President 's orders, it is critical that DHS keep the CHC updated on any policy or implementation changes . We request that OHS prov ide CHC weekly updates regarding OHS implementation of President Trump's e,cecutive orders. Your staff can provide these weekly updates to CHC Executive Di.rector at Thank you for your prompt attention to this urgent matter . Sincerely, ~•- l~;c,tw""'4aM~~ Michelle Luj~ sham Chairwoman Congressional Hispanic Caucus ~._ 1 ~,.... ~ uis Gutierrez Task Force Chair CHC Immigration and Border Issues Task Force CHC Latin America and Foreign Affairs Task Force DHS-17-0303-A-000103 U.S . Oepurt m t'nt ofHu melnnd Sec u ri1,, \V~shing1011_ DC 2052~ Homeland Security JUL1 4 2017 The Hon orab le Michelle Lujan Grisham Chairwoman Congressiona l Hispanic Caucus U.S. Hou se of Representatives Washington, DC 20515 Dear Chairwoman Grisham: Thank yo u for your February 10.2017 letter. Secretary Kell y asked that I respond on hi s behalf. In your letter. you expressed concern about the President' s recent Executive Order s. Among other items , you specifica lly mention a wall along the U.S.-Mexico border , autonom y of state law enforcement , vetting, refugee admis sions, and unaccompanied alien children. Enclosed please find detailed answer s to the specific questions posed in your letter. Thank you again for your letter and your interest in these important issues. A separate , identical response wi ll be sent to the cos igners of your letter. If you wish to discuss this matter further, please do not hesitate to contact me. Sincerely, Michael Dougherty Assistant Secretary for Border, Immi gration , and Trade Office of Policy Enclo sure DHS-17-0303-A-000104 "ww.dhs.go, U.S. Dcpurlrueat of Homcbmd Securit y Washington , DC 205:ZS Homeland Security July 14, 2017 The Honorable Nonna J . TotTes U.S. House of Represe ntativ es Washington, DC 205 15 Dear Representative Tones: Thank you for your Februa ry I 0, 20 17 letter. Secretary Kelly asked that I respond on hjs behalf. In yotu-letter, you expressed concern about the President 's recent Exec utive Orders. Among other items, you specifically mention a wal l along the U.S.-Mexico border, autonomy of state law enforcement , vetting, refugee admiss ions, and unaccomparned alien children. Enclosed please find detailed answers to the specific question s posed in your letter . Thank you again for yom letter and yom interest in these impo rtant issues. A separate, identical response wiU be sent to the cosigners of your Jetter. If you wish to discuss this matter further, please do not hesitate to contact me . Sincerely, µ_~~ Michael Dougherty Assistant Secretary for Border, Immigration , and Trade Office of Policy Enclosure DHS-17-0303-A-000105 "'¥IE' ,u~or ,.5r ,•,1•11•.~ l)U"o•J~r,1 fo cc.,crT>r,'!' 1;1:5'1 0< I Ir-~ c,.·- ·-\Jw"·c 1Ir .t;:.-rn,<>~~,r.;J ;,,,,a[·:, I\ DHS-17-0303-A-000109 Billing Code 9111- 14 DEPARTMENT OF HOMELAND SECURITY Office of the Sec retary Determination Pursuant to Section 102 of the Illegal Im migrat ion Reform and Immigrant Responsibility Act of 1996, as Amended AGENCY: Office of the Secretary , Department of Homeland Security. ACT ION: Notice of determination. SUMMARY: The Secretary of Homeland Security has detennined. pursuant to law, that it is necessary to waive certain laws, regulations and other legal requirements in order to ensure the expeditious construction of barriers and roads in the vicinity of the international land borde r of the United States near the city of San Diego in the state of California. DATES: This determination takes effect on [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER]. SUPPL EMENTARY INFORMATION: The principal mission requirements of the Department of Homeland Security ("DHS'') include border security and the detection and prevention of illegal entry into the United States. Border security is critical to the nation 's national security. Recognizing the critical importance of border security, Congress has ordered DHS to achieve and maintain operat ional control of the international land border. Secure Fence Act of 2006, Public Law l 09-367, § 2, 120 Stat. 263 8 (Oct. 26. 2006) (8 U.S.C. § 170 l note). DHS-17-0303-A-000125 Congress defined ··operational control" as the prevention of a11unlawful entries into the United States. including entries by terrorists, other unlawful aliens, instruments of terrorism , narcotics, and other contraband. Secure Fence Act of 2006, Public Law l 09367, § 2,120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. § 1701 note). Consistent with that mandate from Congress, the President"s Executive Order on Border Security and Immigration Enforcement Improvements directed executive departments and agencies to deploy all lawful means to secure the southern border. Executive Order 13767, § 1. To acrueve this end, the President directed, among other things, that I take immediate steps to prevent all unJawful entries into the United States, to include the immediate construction of physical infrastructure to prevent illegal entry. Executive Order 13767, § 4(a). Congress has provided the Secretary of Homeland Security with a number of authorities necessary to carry out DHS's border security mission , including the border security provisions described above. One of these authorities is found at section 102 of the Illegal Immigration Reform and Im.migrant ResponsibiJity Act of 1996 ("IIRIRA ''). Public Law 104-208, Div. C, 110 Stat. 3009-546, 3009-554 (Sept. 30, 1996) (8 U.S.C 1103 note), as amended by the REAL ID Act of 2005, Public Law 109-13, Div. B, 119 Stat. 231,302 ,30 6 (May 11, 2005 ) (8 U.S.C. 1103 note), as amended by the Secure Fence Act of 2006 , Public Law 109-367, § 3, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. § 1103 note). as amended by the Department of Homeland Security Appropriations Act. 2008, Public Law 110-161, Div. E, Title V, § 564, 121 Stat. 2090 (Dec. 26, 2007). In section l 02(a) of IIRTRA. Congress provided that the Secretary of Homeland Security shall take such actions as may be necessary to install additional physical barriers and 2 DHS-17-0303-A-000126 roads (including the rem oval of obstacles to detection of illegal entrants) in the vicinity of the United States border to deter illegal crossings in areas of high illegal entry into the United States. In section 102(b) ofIIRIRA. Congress has called for the installation of additional fencing, barriers. roads, lighting, cameras, and sensors on the southwest border. finally. in section 102(c) of IlRIRA, Congress granted to the Secretary of Homeland Security the authority to waive all legal requirements that I, in my sole discretion, determine necessary to ensure the expeditious construction of barriers and roads authorized by section 102 of llRIRA. DETERMINATION AND WAIVER: Section 1 The United States Border Patrol's San Diego Sector is one of the busiest Sectors in the Nation. For example, in fiscal year 20 16 alone, the United States Border Patrol appr ehended over 31 .000 illegal aliens and seized approximately 9,167 pounds of marijuana and approximately 1.317 pounds of cocaine in the San Diego Sector. To be sure, the construction of border infrastructure and other operational impro vements have improved border security in the San Diego Sector; however, more work needs to be done. The San Diego Sector remains an area of rugh illegal entry for which there is an immediate need to construct additional border barriers and roads. To begin to meet the need for additional border infrastructure within the San Diego Sector. DHS wiU immediately implement various border infrastructure projects. These projects will focus on an approximately fifteen mile segment of the border within the San Diego Sector that starts at the Pacific Ocean and extends eastward. This 3 DHS-17-0303-A-000127 approximately fifteen mile segment of the border is referred to herein as the ·'Project Area " and is more specifically described in Section 2 below. All of the projects that OHS will undertake within the Project Area will further Border Patror s ability to deter and prevent illegal crossings. For example, DHS will replace existing primary fencing in the Project Area. The majority of the existing primary fence in the Project Area was built in the early 1990s using a fence design that is no longer optimal for Border Patrol operations. The new primary barrier will use an operationally effective design that is intended to meet Border Patrol 's current requirem ents. OHS will also build prototype border wall in the Project Area near the eastern terminus of the existing secondary barrier. The construction of border wall prototype s in the Project Area and the robust physical characteristics that are to be incorporated into the border wall prototypes are intended to deter illega l crossings. In addition to deterring illegal crossings in the Project Area , OHS will use the border wall prototypes to evaluate various design features for potential inclusion in a border wall standard that will be developed by the Government and utilized as a part of border wall construction going forward. Importantly, construction of the border wall prototypes in the Project Area also means that DHS can eva luat e various design features in the border environment under actual operational conditions. As such, the construction of border wall prototypes will not only deter illegal entry in the Project Area , but evaluation of the border wall prototypes is also critical to and necessary for future border wall design and construction. 4 DHS-17-0303-A-000128 Section 2 I determine that the following area in the vicinity of the United States border , located in the state of California within the United States Border Patrol 's San Diego Sector. which is referr ed to herein as the Project Area, is an area of high illegal entry: Starting at the Pacific Ocean and extending to approximately one mile east of Border Monument 251. There is presently a need to construct physical barriers and roads, including the infrastructure projects described in Section 1, in the vicinity of the border of the United States to deter illegal crossings in the Project Area. In order to ensure the expeditious construct ion of the barriers and road s in the Project Area, l have determined that it is nece ssary that I exercise the authority that is vested in me by section 102( c) of IIRIRA as amended. Accordingly, pursuant to section 102(c) of IIRIRA . l hereby waive in their entirety, with respect to the construction of roads and physical barriers (including , but not limited to. accessing the Project Area, creating and using staging areas. the cond uct of earthwork, excavat ion. fill, and site preparation, and installation and upkeep of physical barriers , roads , supporting elements, drainage, erosion controls, and safety features) in the Project Area. the following statutes, including all federal. state. or other laws, regulation s and legal requirements of , deriving from, or related to the subject of. the fo1lowing statutes , as amended: The National Environmenta l Policy Act (Pub. L. 91-190 , 83 Stat. 852 (Jan. 1, 1970) (42 U.S.C. 4321 et seq.)), the Endangered Species Act (Pub. L. 93205, 87 Stat. 884 (Dec. 28. 1973) (16 U.S .C. 1531 et seq.)), the Federal Water Polluti on Control Act (commonly referred to as the Clean Water Act (33 U.S.C. 125 I et seq.)), the 5 DHS-17-0303-A-000129 National Historic Pre servation Act (Pub. L. 89-665, 80 Stat. 915 (Oct. 15, 1966), as amended , repealed , or replaced by Pub. L. 113-287 (Dec. 19, 2014) (formerly codified at 16 U.S.C. 470 et seq., now codified at 54 U.S.C. 100101 note and 54 U.S.C. 300101 et seq.)), the Migratory Bird Treaty Act ( 16 U.S.C. 703 et seq.), the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the Archeological Resources Protection Act (Pub. L. 96-95 (I 6 U.S.C. 470aa et seq.)), the Paleontological Resources Preservation Act (16 U.S.C. 470aaa et seq.), the Federal Cave Resources Protection Act of 1988 (16 U.S.C. 4301 et seq.), the National Trails System Act (16 U.S.C. 1241 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), the Noise Control Act (42 U.S .C. 4901 et seq.), the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), the Comprehensive Environmental Response. Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the Archaeological and Historic Preservation Act (Pub. L. 86-523, as amended , repealed , or replaced by Pub. L. 113-287 (Dec. 19, 2014) (forme rly codified at 16 U.S.C. 469 et seq., now codified at 54 U.S.C. 312502 et seq.)), the Antiquities Act (formerly codified at 16 U.S.C. 431 et seq., now codified 54 U.S.C. § 320301 et seq.), the Historic Sites , Buildings , and Antiquities Act (formerly codified at 16 U.S.C. 461 et seq., now codified at 54 U.S.C. 3201-320303 & 320101-320106) , the Wild and Scenic Rivers Act (Pub. L. 90-542 (16 U.S.C. 1281 et seq.)), the Farmland Protection Policy Act (7 U.S.C. 4201 et seq.), the Coastal Zone Management Act (Pub. L. 92-583 (16 U.S.C. § 1451 et seq.)), the Wilderness Act (Pub. L. 88-577 (16 U.S.C. 1131 et seq.)), the Federa l Land Policy and Management Act (Pub L. 94-579 (43 U.S.C. 1701 et seq.)), the National Wildlife Refuge System Administration Act (Pub. L. 89-669 (16 U.S.C. 668dd-668ee)), 6 DHS-17-0303-A-000130 the National Wildlife Refuge System Impro vement Act of 1997 (Pub. L. 105-57), National Fish and Wildlife Act of 1956 (Pub. L. 84-1024 ( 16 U.S.C. 742a , et seq.)), the Fish and Wildlife Coordination Act (Pub. L. 73-121 (16 U.S.C. 661 et seq.)), the Wild Horse and Burro Act (16 U.S.C. 1331 et seq.), an Act of Oct. 30, 2000, Pub. L. 106-398 , § 1, 114 Stat. l 654 (enacting into law § 2848 of Part II of Subtitle D of Title XXVIII of Division B of H.R. 5408 (1 14 Stat. 1654A -426) , as introduced on Oct. 6, 2000) , the Administrative Procedure Act (5 U.S.C. 551 et seq.), the Otay Mountain Wilderness Act of 1999 (Pub. L. 106-145), sect ion s 102(29) and 103 of Title T of the California Desert Protection Act (Pub. L. l 03-433) , the Rivers and Harb ors Act of 1899 (33 U.S.C. 403) , the Eagle Protection Act (16 U.S.C. 668 et seq.), the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.), the American Indian Religious Freedom Act (42 U.S.C. 1996), and the Religious Freedom Restoration Act (42 U.S .C. 2000bb). This waiver does not repeal the previous waiver published in the Federal Register on September 22, 2005 (70 FR 55622). I reserve the authority to make further waivers from time to time as I may determine to be necessary under section 102 of IIRIRA , as amended. Dated: 1/t6(17 7 DHS-17-0303-A-000131 Depuf) Secretary U.S. Departmen t of Homeland Sec urity Washington,DC 20528 Homeland Security July 24, 2017 The Honorable Kamala Harris United States Senate Washington. DC 205 10 Dear Senator Harris: Thank you for your February 9. 2017 letter. Secretary Kelly asked that I respond on his behalf. In your letter regarding the President's Executive Order entitled , "Border Security and Immigration Enforcement Improvements ,'' you express concerns that critical resources may be diverted from other Department of Homeland Security priorities in order to implement the Executive Order. Specifically , you note the requirement to identify and allocate all sources of Federal funds for the planning, design, and construction of a physical wall along the Southern Border. Enclosed. please find answers to the specific questions posed in your letter. Thank you again for your letter and your interest in this important issue. The co-signers of your letter will receive separate , identical responses. Should you wish to discuss this matter further. please do not hesita te to contact me . Sincerely, 0 ' I_ ( Cb~ Enclosure www.dbs.gov DHS-17-0303-A-000132 Deputy Secretan U.S. Department of Homeland Security Washington, DC 20528 Homeland Security July 24. 20 I 7 The Honorabl e Martin Heinrich United States Senate Washington , DC 20510 Dear Senator Heinrich: Thank you for your February 9. 2017 letter. Secretary Kelly asked that I respond on his behalf. ln your lener regarding the President's Executive Order entitled, "Border Security and Immigration Enforcement Improvement s,'' you express concerns that critical resources may be diverted from other Department of Homeland Security priorit ies in order to implement the Executive Order. Specifically, you note the requirement to identify and allocate all sources of Federal funds for the planning, design, and construction of a physical wall along the Southern Border . Enclosed, please find answers to the specific questions posed in your letter. Thank you again for your letter and your interest in this important issue. The co-signers of your letter will receive separate, identical responses . Should you wish to discuss this matter further, please do not hesitate to contact me. Sincerely. Enclosure www.dhs.gov DHS-17-0303-A-000133 Deputy Secretary t:. . Departmentof Homeland Security Washingto n, DC 20528 Homeland Security July 24, 2017 The Honorable Tom Udall United States Senate Washington , DC 20510 Dear Senator Udall: Thank you for your February 9. 20 17 letter. Secretary Kelly asked that I respond on his behalf. In your letter regarding the President's Executive Order entitled , ·'Border Security and lmrnigration Enforcement Improvements ;' you express concerns that critica l resources may be diverted from other Department of Home land Security prior ities in order to implement the Executive Order. Specifica lly. you note the requirement to identify and allocate all sources of Federal funds for the planning. design , and construction of a physical wall along the Southern Border. Enclosed. please find answe rs to the specific questions posed in your letter. Thank you again for your lette r and your interest in this important issue. The co-signers of your letter will receive separate, identical responses . Should you wish to discuss this ma tter further, please do not hesitate to contact me. Sincerely, Enclosure www.dhs.gov DHS-17-0303-A-000134 Depun •Secretan U.S. Department of Homeland Se<"urity Washington,DC 20528 Homeland Security July 24. 2017 The Honorable Elizabeth Warren United States Senate Washington. DC 20510 Dear Senator Warren: Thank you for your February 9, 2017 letter. Secretary Kelly asked that I respond on his behalf. In your letter regarding the Pre sident' s Executive Order entitled. ·'Border ecurity and Immigration Enforcement Improvements, " you express concerns that critical resources may be diverted from other Department of Homeland Security priorities in order to implement the Executive Order. Specifically, you note the requirement to identify and allocate all sources of Federal funds for the planning , design , and construction of a physical wall along the Southern Border . Enclosed , please find answers to the speci fic questions posed in your letter. Thank you again for your letter and your interest in this important issue. The co-signers of your letter will receive separate, identical responses. Should you wish to discuss this matter further, please do not hesitate to contact me. Sincerely. ( Enclosure www.dhs.gov DHS-17-0303-A-000135 United iStatrs tScnatc WASHINGTON , DC 20510 _, en c:::::, __, C'") ...,, coJ> f'T'1 co February 9, 2017 0 > :JC a The Honorable John F. Kelly Secretary Department of Homeland Security Washington , D.C. 20528 - < r:, 0 Dear Secretary Kelly, We are writing about the executive order on "Border Security and Immigration Enforcement Efforts" - a.k.a., the border wall executive order - issued by President Trump on January 25, 2017. The executive order requires you to " [i]dentify and, to the extent permitted by law, allocate all sources of Federal funds for the planning, designing, and constructing of a physicaJ wall along the southern border." 1 (emphasis added). We are unwavering in our commitment to protec ting national security and public safety. However , we are concerned that the sweeping language and broad requirements of this executive order will force you to divert critical resources from Department of Homeland Security (DHS) priorities, hampering your agency ' s ability to carry out its mission and keep our country safe. OHS has five critical respons ibilities : terrorism prevention; border security ; immigration enforcement ; cybersecurity; and disaste r preparedness .2 In consu ltation with Administration officials , the Senate and House estab lished funding for each of these homeland security priorities and needs in the 2016 Appropriation s legislation. As Secretary of Home land Security, you have the authority to transfe r a smaJI percentage of appropriations between accounts in a fiscaJ year . This authority allows you to meet unexpected funding needs , but still allows you to retain discretion to ensure that the agency is able to appropriately prioritize funds to protect national security . President Trump 's executive order - either because it was hastily drafted or because this was the President's intent - required that you "to the extent permitted by law, allocate all sources of Federal funds for the planning, designing, and constructing of" the border wall (emphasis added). In other words, the executive order appears to require you to divert all appropriated funds that you have the authority to move, even at the expense of important 1 Executive Order : Border Security and Immigratio n Enforcement Improvements (released Jan . 25, 2017) (online at: https://www. wh itehouse .gov/the -press-office/2017 /0 I /25/cxecutj ye-order-bo rder- security -and -immi grarionen forcement-improvements) . 2 Department of Homeland Security Website, Our Mission (viewed Jan . 31, 2016) (on line at: https://www.dhs.gov /o ur-mission). DHS-17-0303-A-000136 homeland security priorities. This could include cutting the number of Customs and Border Protection agents or Imm igration and Customs Enforcement officials ; cutting funds for communities facing disaster s; cuttin g funds for protecting federal networks and fighting cyber crime ; and cutting funds for enhancing security and guarding against terrorism. We are extraordinarily concerned that President Trump's executive order appears to require that you divert DHS funds meant for critical security priorities to instead fund the border wall. We are writing to determine how much funding you intend to divert to the wal l, and ask whether this diversion of funds could have a significant adverse effect on border security , prevention of terrorism , immigration enforcement , cybersecurity , and disaster preparedness. We also have additional questions about the development and impleme ntation of this Executive Order . We ask that you respond to these questions no later than February 23, 2017 . 1) Were you or your staff consulted during the preparation of this Executive Order? If so, did you provide input into its content s, and if so, was this input incorporated into the Executive Order? 2) Was the DHS Office of General Counse l consul ted during the preparation of this Executive Order ? If so, did they provide input into its contents , and if so, was this input incorporated into the Executive Order ? 3) To your knowledge , was the Department of Justice Office of Legal Counsel consu lted during the preparation of this Executive Order ? If so, did they provide input into its contents, and if so, was this input incorporated into the Executive Order? 4) What specific categories of funding are included in the definition of "all sources of federa l funds " that you intend to use to plan , design , and construct the border wall required by President Trump's Executive Order, and what is the total value of this funding in each category? 5) Do you believe that the Executive Order requires you to "allocate all sources of Federal funds " permitted by law to plan , design , and construct the border wall required by President Trump ' s Executive Order? a If not, how do you interpret this language ? b. How much of the available funding do you intend to use to plan, design, and construct the border wall required by President Trump 's Executi ve Order? 6) Will any funding from OHS-authorized funds to prevent terrorism and enhance security be diverted from existing accounts to plan , design, and construct the border wall? a. If so, how much will be diverted ? b. What specific cuts or changes to existing activities or staff levels will occur as a result of the diversion of this funding ? 7) Will any funding from OHS-authorized funds to secure and manage our borders be diverted from existing accounts to plan , design, and construct the border wall? a. If so, how much will be diverted ? b. What specific cuts or change s to existing activities or staff levels will occur as a result of the diversion of this funding ? DHS-17-0303-A-000137 8) Will any funding from OHS-authorized funds to enforce and administer immigration laws be diverted from existing accounts to plan, design, and construct the border wall? If so, how much will be diverted? a. b. What specific cuts or changes to existing activities or staff levels will occur as a result of the di version of this funding? 9) Will any funding from OHS -authorized cybersecurity funds be diverted from existing accounts to plan, design , and construct the border wall? a. If so, how much will be diverted ? b. What specific cuts or changes to existing activities or staff levels will occur as a result of the diversion of this funding ? I 0) Will any funding from OHS-authorized disaster preparedness funds be diverted from existing accounts to plan, design, and construct the border wall ? a. If so , how much will be diverted ? b. What specific cuts or changes to existing activities or staff levels will occur as a result of the diversion of this funding ? We look forward to your prompt response. Sincerely , Brian Schatz United States Senator Kam a a Harris uz~ q;;;Jdi_aµ_ Tom Udall ~ ----- United States Senator Martin Heinrich United States Senator DHS-17-0303-A-000138 Assistm,t Secrera,yfor L£·~islmii'eAJj'r1it :1 U.S. Oepa rtm co t or Homeland Sec urit y Wa,hington. DC 20528 Homeland Security August 11, 2017 The Honorable Ron John son Chairman Committee on Homeland SecUJ"ity and Governmental Affair s United States Senate Washington , DC 20510 Dear Chaiiman John son: Thank you for your May 8, 2017 lette r. Acting Secretary Duke asked that I respo nd on her behalf. In your letter, you referenc ed recent effo rts by state and local gove rnment s to blacklist privat e companies for particip ating in the construction of physical barrier s along the southwe st border. You specifically asked for our views on how the actions of these local jurisdictions might affec t the work of the Department of Homeland Secmity. On March 17, 2017 , U.S. Customs and Borde r Protec tion released a solicitation for a border wall solution along the southwest border. As of April 4, 2017 , we have received more than 100 proposals from potenti al offerors for the first pha se of this design-build competition . In response to your request for more inform ation pertaining to the broad implications of potential blacklisting actions, please refer ence the enclo sure for respon ses to your questions. If we may offer furth er assistance, please con tact my office at Sincerely, ft- I 1::hn Benjamin L. Cassidy Assistant Secretary for Leg islative Affa irs Enclo sure cc: The Honorable Claire McCa skill DHS-17-0303-A-000139 The Honorable Ron Johnson, Chairman Page 2 The Department of Homeland Security's Response to Chairman Johnson's May 8, 2017 Letter 1. Please describe how local no-contract measures may affect the government's ability to accomplish the objectives of the southwest border project. Specifically, please explain how such measures affect the timing, pricing, and quality of the project. There are many local measures cun-ently pending in municipalities nationwide. Given that each measure differs in scope and effect, it is difficult to estimate the overall impact of such measures on potential southwest border project contractors. However, the existence of any loca l no-contract measures could serve to create a chilling effect on competit ion for U.S. Customs and Border Protection's (CBP) southwest border project if potential contractors decide not to bid, or withdraw cun-ent bids, based on the threat of being excluded from state or local contracts. Accord ingly, these state and local no-contract measures have the potential to limit the exte nt of competition, whic h in tum could prevent the government from receiving adequate price competition on a given procurement action. The lack of adequate price competition could result in the government paying higher prices for future construction contracts for physical barriers along the southwest border. In additio n, the implications of having a shallower pool of available contractors may result in fewer highly qualified and capable companies bidding on southwest border projects, which may have an effect on quality and the schedule of construction. Bonding requirements might present an issue since businesses may rely on joint ventures and partnerships to meet the bonding threshold required for these construction contracts. 2. Please describe the effect of such measures on the federal procurement and competitive bidding process. The procurement process will proceed regardless of the status of state and local no-contract measures, but - as with any procurement - success is heavily dependent on vendor participation. As noted in the response to question 1 above, full and open compet ition is a key factor which is relied upon to get fair and reasonable pricing and solid contract performance. 3. Please explain how the Federal Government's ability to hire qualified contractors would be affected by these proposed measures. In addition to potentially limiting competition as noted above, the proposed measures appear calcu lated to force contractors to choose between pursuing southwest border project contracts and state or local contracts . As state and local contracts often represent a cons istent and valuable revenue stream for contracto rs, the Department of Homeland Security anticipates that at least some contractors will choose to withdraw from southwest border project competitions, or avoid them altogether in the future. DHS-17-0303-A-000140 The Honorable Ron Johnson, Chairman Page 3 4. Please explain how these measures could affect the execution of' future high-priority national procurement projects. The state and local no-contract measures that CBP has reviewed so far appear to be targeted only at contractors who perform work (or, in some cases, merely submit a bid) on the southwest border project contracts. Future high-priority national procurement projects other than those related to the southw est border would presumably be unaffected by these specific measures. However, we can anticipate that this type of a strategy to discourage industry participation in border security activities could be applied to other investments such as in new border protection technologies and especially if these local legislative efforts are perceived as successful by those who are opposed to border security investments. If these political strategies are applied more broadly, we could anticipate the same types of consequences. In particular, these measures would hinder competition , affect the ability to attain reasonable pricing, and could be a detriment to performance due to limitin g the participation of highly qualified contrac tors on future procurement projects. Additionally, the existence of state and local no-contract measures in the context of the southwest border could create fear and unease among companies otherwise interested in bidding on other politically sensitive Federal contracts. DHS-17-0303-A-000141 RON JOHOISON,WISCONSIN,CHAIRMAN JOHN ll'cCAJN, ARIZONA ROBPORTMAN,OHIO RAND PAUL, KENTUCKY JAMES LANKFORD,OKLAHOMA MICHAEL8 ENZI, WYOMING JOHN HOEVEN,NORTHDAKOTA STEVEOAJNES,MONTANA CLAIREMCCASKILL,MISSOURI THOMAS R. CARPER,DELAWARE JON TESTER,MONTANA HEIDIHEITKAMP,NORTHDAKOTA GARY C. PETERS.MICHIGAN MARGARETWOOOHASSAN, NEW HAMPSHIRE KAMALA D HARRIS,CALIFORNIA CHRISTOPHER R. HIXON,STAFF DIRECTOR MARGARETE, DAUM MINORITYSTAFFDIRECTOR c, ~ n- 1"r:r1 r0 Dear Mr . Secretary : I write about recent efforts by some state and local governments to blacklist private companies for participating in the construction of phys ical barriers along the southwest border . I ask for your views on how the actions of these local jurisdictions may affect the work of the Departm ent of Homeland Security. Jurisdictions around the country are considering measures targeting companies involved in the construction of a "border wall" or physical barrier s along the southwest border. For example , the California State Legislature is considering a proposal that would requi re the divestment of certain state pension funds from companies that work on the Administration ' s southwest border project., The City of Oakland is in the process of adopting an ordinanc e that would preclude companie s that work on a southwest border wall from competing for contracts with the city ,2 and a similar bill is under consideration in the State of New Y ork.J San Franci sco is con sidering the severest proposal , black1isting companies merely for submittin g a bid on a border wall contract, regardless of whether they win the contract. 4 The mere proposal of thes e calculated , long-range no-contract measures has discouraged some leading companies from expressing interest in competing for the 1 Scott Morris , "Oak land To Boycott Co mpani es That Work On Trump's Border Wall, " Hood/ine (Mar. 22, 2017) , http ://hoodline .com/2017 /03/oak.land-to-boycott-companies-that-work-on-trump-s-borderwall. 2 Katy Murphy , "U.S. -Mexico border wa ll fight: California conside rs dives ting from companies involved in the project, " Mercury News (Mar. 20, 2017) , http ://www.mercurynews.com/20 I 7/03/20 /u-smexico-border-wall -fight-califomia-considers-dive sting-fro m-companies-involved-in-the-projec t/. 3 Emily Green , "2 SF supes seek to punish companies for bidding on border wall ," San Francisco Chronicle (Mar. 20 , 2017), http ://www .sfchron icle.com/ politics/article /2-SF-supes-seek-to-punishcompanies-fo r-bidding-11015709.php . 4/d . DHS-17-0303-A-000142 < rn a The Honorable John F. Kelly May 8, 2017 Page2 southwest bord er barrier project s For example, the measure under considerat ion by California state lawmake rs has resulted in many engineering firm s deciding to forgo partic ipation in the border wall project because of the long-term implications on their ability to compete for contrac ts in California and other states. 6 Indeed , the wide-ran ging impli cations of such measures raise significant concerns. Despite the largely symbolic nature of this type of local legislation , some fear that these mea sures wo uld force companies - particu larly small businesses-to we igh the consequences of pursuing a federal border security contract against the prospects of pursuing future business opportu nities with state and local entities. 1 I supp ort the Administration ' s efforts to secure our borders ; however, the measures introduced by state and loca l governmen ts may undercut these efforts and may set a precedent of futur e obstruc tion on a broad range of national priorities.s As the Committee continues its oversigh t of the Departm ent and its bordersecurity miss ion, I respectfully ask for more information to better understand the broad impl ications of the enactment of these state and local measures on American taxpayers and federal government's ability to accomplish its national security policy object ives. In parti cular, I request the following information: 1. Please describe how local no-contract measures may affect the federal government ' s ability to accomplish the objectives of the southwest border project. Specifically , p lease exp lain how such measures affect the timing , pricing , and quality of the project. 2. Plea se describe the effect of such measures on the federa l procurement and com petitive bidding process . 3. Please explain how the federal government ' s ability to hire qua lified contractors wou ld be affected by these proposed mea sures. 4. Pl ease explain how these measures cou ld affect the execution of future high-prio rity national procurement projects . s Wade Payson-Denne y, "Many big con struction firms not bidding on Trump 's propo sed wall," CNN (Apr. 5, 2017 ), http :// www .cnn .com/201 7/04/04/politics/dona ld-trump-border-wall-constructioncompanie s/. 6/ d. David Siders, "Democrat s turn the screws on border wall builder s," Politico, (Apr. 26, 201 7), http ://www.polit ico.com/story /2017 /04/26/trump-bord er-wal I-democrats-cal ifornia -23 7659 . s David Siders , "Democrats turn the screws on border wall build ers," Politico, (Apr. 26, 2017), http ://www .po litico.com/story /2017/04/26/trump-border- wall-democrat s-cal ifomia- 23 7659 . 1 DHS-17-0303-A-000143 The Honorable John F. Kelly May 8, 20 17 Page 3 If you have any questions regarding this r~ contac t ~ f the Committee staff at - k your staff to Thank you for your attention to this important matter. Sincerely , Ron Jo cc: The Hon orab le Claire McCas kill Ranking Member DHS-17-0303-A-000144 Assis/(//1/Secr1!tll1J·.f'or L,:gisllllii'e A.f}'airs U.S. Ocpart 111 c11 t oJ Homeland Security Wa shington, DC 20528 Homeland Security March 27, 20 17 The Honorable Filemon Vela U.S. House of Representatives Washington, DC 20515 Dear Represe ntative Ve la: Thank you for your February 22, 2017 letter to Secretary Kelly regarding the Februa ry 20, 2017 memoranda issued to provide g uidance on the impl eme ntation of Preside nt Tmmp's recent Exec utive Orders. Your inquiry is very important to us. The appropriate Department of Homeland Security Compo nents are preparing inform ation so we may respond with the accw-acy and comp leteness that your letter deserves. Please know that the Department's leadership has acco rded your letter a high priority and we are endeavming to respond to you as soon as possible. The co-signers of yom letter will received separate, identi cal interim responses. Sho uld you have any questions in the interim, please ask yow- staff to contact my office at Respectfully , ~[_,L__ Susan Co rbin Acting Assis tant Secretary for Legis lative Affairs DHS-17-0303-A-000145 MICIIA£L T . MCCAU L TUAI DENNIE G. TltOMPION , MlSSISSlPPI CHAIRMA N RANKJNG MEMS£ /! SCAHt~EO/ t; 1:Ci:I'IED BYE~CC'3EC 2017 FEB23 AH8: 03 DHS-17-0303-B-000027 BW 13 FOIA CBP 000027 Subject: 3/9/17 - Meet ing Chief (b) (6), (b) (7)(C) , U.S. Borde r Patrol All, On behalf of Chief Patrol Agent (b) (6), (b) (7)(C) , th ank you fo r yo ur atte ndance in the meeting on Thursday, Marc h 9, 2017 . As we discussed in the meet ing, it is import ant we mainta in t his ope n d ialogue, so we can speak as one vo ice to the commun it ies we all serve. I wil l be yo ur primary point of contact fo r San Diego Sector, and I we lcome yo ur input as we move fo rward w it h discussions about bo rder security in the San Diego/T iju ana region. th at is exact ly w hat we need in o rder to get a clear pu lse on w hat is happen ing in o ur various comm un it ies. I was unable to get the email cont act info rmation fr om the fo llowing two atte ndees. w ill try to t rack t hat dow n, but if you happe n to have it, wo uld you please forw ard to me? o o (b)(6) , Director of Federal Government Affairs, County of San Diego (b)(6) , Director of Binational Affa irs, County of San Diego Ot hers in atte ndance (included on th is email) we re: (b)(6) (b) (6) (b) (6) o o o , Consul General, U.S. Embassy and Consulate, Tijua na, B.C., MX , Consul General of Mex ico, San Diego, CA, USA , Dep uty Consul General, Consulate General of Mexico, San Diego, CA, USA (b) (6) (b)(6) o o . , Director of Bi nat ional Affairs, City of Tijuana ., Directo r of Commun icatio ns fo r County Supervisor, County of San Diego We look forwa rd to meeting wit h you again . Please let me know of any quest io ns or concerns yo u may have. Respectfu Ily, DHS-17-0303-B-000028 BW 13 FOIA CB P 000028 From: To: (b) (6), (b) (7)(C) (b) (6) Cc: Subject: Date: Attachments: (b) (6), (b) (7)(C) - Border Wall Prototypes - re: 3/9/17 - Meeting Chief (b) (6), (b) (7)(C) , U.S. Border Patrol Tuesday, August 01, 2017 10:18:48 AM (b) (6) San Diego Waiver Press Release July 2017 edits.docx All, I apologize for not providing this information sooner; however, immediate messaging regarding the border infrastructure projects was limited due to required congressional notifications. To maintain and promote continued transparency, the Department of Homeland Security has acquired an environmental waiver in order to move forward with the construction of the wall prototypes, as well as replacement fencing. As many of you know, the U.S. Government has acquired environmental waivers in the past in order to accomplish improvements with the border infrastructure system. As explained by Customs and Border Protection's Office of Public Affairs, the waiver is intended to cover construction projects associated with 14 miles of primary fence replacement in San Diego Sector, 14 miles of secondary fence replacement in the same location to establish an enforcement zone, and wall prototypes located at the east end of the secondary fence to be replaced. Both the primary fence replacement and the prototype construction are being carried out with funding already provided by Congress. The funding for secondary fence replacement is included in the DHS Fiscal Year 2018 budget request. Please see attached press release. Please note that construction is still delayed. We will do our best to keep you informed as information becomes available. - Also, I would like to introduce you to Acting Assistant Chief Patrol Agent (b) (6), (b) (7)(C) (included on this email). Mr. has taken over responsibility for Sector Communications. Please don't hesitate to introduce yourself to him and as always, please reach out to us if you have any questions or concerns. (b) (6), (b) (7)(C) Best regards, (b) (6), (b) (7)(C) | Operations Officer U.S. Border Patrol | San Diego Sector (b) (6), (b) (7)(C) From: (b) (6), (b) (7)(C) Sent: Tuesday, July 11, 2017 12:20 PM To: (b) (6) > Subject: RE: 3/9/17 - Meeting Chief (b) (6), (b) (7)(C) , U.S. Border Patrol DHS-17-0303-B-000029 BW13 FOIA CBP 000029 All, I used the old email list. I'm sending again to make sure and we all remain on the same email stri ng. Thank you ! (b) (6 ) receives the informat ion, specificinformation about what the issueis, but I'm told the plan is still movingforward. Constructionmay still be several months away. We will do our best to keep you informed as things change. Thank you for your patience in this matter. WMW/I Assistant Chief Patrol Agent (A) United States Border Patrol I San Diego Sector From:(b ) (6), (b) (7 )(C) Sent: Mo nday, April 03, 2017 10:53 AM To: Subject: RE: 3/9/17 - Meet ing Chief (b) (6), (b) (b ) (6) (7)(C) , U.S. Border Patrol All, I am adding to t his group email. Mr.Qlm) is t he Director of Governme nt Affairs (b ) (6) for t he City of San Diego. has moved into her new role as Direct or of Infr astruct ure and Water Policy for t he City of San Diego. I don't have any f urt her updat es yet, but as soon as t he Chief receives new informa ti on, we will make as much available t o you as possible. Thank you for you r patience . From:(b ) (6), (b) (7 )(C) Sent:Tuesday, March 28, 2017 10:14 AM To: (b ) (6) DHS-17-0303-B-000030 BW13 FOIA CB P 000030 (b) (6 ) Subject: RE: 3/9/17 - Meeting Chief (b) (6), (b) (7)(C) , U.S. Border Patrol All: News outlets have reporte d that San Diego is poised to serve as one of the first locat io ns to receive rep lacement and new borde r infrastructure . At t his stage we can confirm t hat briefings related to fund ing have been held w it h Congressiona l Committees, but voting and earmarking of fu nding has not occurred . We share th is informat ion wit h you bot h in t he spir it of transpare ncy and to avoid confus ion and misinform at ion . As we receive more accurate information, we will reach out to you again. We recognize that our communities wil l have questio ns, and we are committed to keeping t his communication open. Thank you for your commitment as we ll. Best regards, From:(b) (6) , (b) (7)(C) Sent: Saturday, March 18, 2017 6 :50 PM To: (b) (6) Subject: RE: 3/9/17 - Meet ing Chief (b) (6), (b) (7)(C) , U.S. Border Patrol Adding Mr. (b) (6) to this email group. He is President of the Tijuan a Business Council. - Thank you Good evening all, You may have hear d ah-eady , but CBP Headquarters released info1mation last evening that prototypes for a border wall are in fact going to be constructed here in San Diego. The site has not been released yet, but I wanted you to know as soon as possible. DHS-17-0303-B-000031 BW13 FOIA CBP 000031 We are getting ourselves ready for a lot of interest , so please bare with us, as we strive to ensure accurate infonn ation is released. You are welco me to contact me with any questions you may have. Unfortun ately, I don't have a lot of answers right now. Monday morning, we will be able to get a better han dle on what is ahead for this region. As always, thank you for your partnership . I appreci ate you working with us as we tiy to keep our communi ties info1med and safe. Best regards, (b) (6) . (b) (7)(C) , (A)ACPA San Dieio Sector IWWW Good afternoo n all, We wanted to provide you w it h the link to the webs ite whe re you can track the status of construction bids. This is not the place whe re you w ill find any definit ive decisio ns; however, it is an open-source site that provides an opportunity to watch the progress of soliciting contracts about possible construction . Also, attached is a scan of the latest update . W hen you go to the website below, it should show you the most recent status update . The direct link to the webpage is http s://www.fb o.gov/? s- opportuoity&mode-form&jd-522a7fe7a47b351a71a22ba51273b5fa&ta b-core& cvjew-1 I hope you find this helpful. Please know that we wi ll continue to push information out to you w henever possible. As always, please don't hesitate to reach out to me. Regards, DHS-17-0303-B-000032 BW13 FOIA CBP 000032 From: (b) (6), (b) (7)(C) Sent: Th ursday, March 09, 2017 4 :05 PM To: (b) (6) Subj ect: 3/9/17 - Meet ing Chief (b) (6), (b) (7)(C) , U.S. Border Patrol All, On beha lf of Chief Patrol Agent (b) (6), (b) (7)(C) , thank yo u fo r your attendance in the meet ing on Th ursday, March 9, 2017. As we d iscussed in t he meeting, it is important we mainta in this open d ialogue, so we can speak as one vo ice to the commu nit ies we all serve . I w ill be your pr imary point of contact fo r San Diego Sector, and I welcome you r input as we move for ward w ith discussions abo ut border security in the San Diego/T ij uana regio n. pulse on w hat is happe ning in ou r vario us commu nit ies. I was unable to get the email contact info rmation from the fo llowing two atte ndees. I will try to track that dow n, but if you happe n to have it, would you please forward to me? o o (b )(6) , Director of Federal Government Affairs, County of San Diego (b )(6) , Director of Binational Affa irs, County of San Diego Ot hers in attendance (included on th is email) were: (b )(6) , Consul General, U.S. Embassy and Consulate, Tijuana, B.C., MX , Consul General of Mex ico, San Diego, CA, USA (b ) (6) (b) (6 ) , Deputy Consul General, Consulate General of Mexico, San Diego, CA, USA (b ) (6) , Director of Binat iona l Affairs, City of Tijuana (b )(6) ., Directo r of Commu nicatio ns fo r County SupervisorltDIGJ) , County o o o o o of San Diego We look fo rw ard to meeti ng wit h yo u again. Please let me know of any quest ions or concerns you may have. Respectfu Ily, DHS-17-0303-B-000033 BW13 FOIA CBP 000033 OHS SECRETARY SIGNS WAIVER FOR BORDERCONSTRUCTIONPROJECTSIN SAN DIEGO WASHINGTON- Secretary of Home land Secur ity John Kelly signed a wa iver July 26 to waive ce rtai n laws, regulations and other legal req uirements to ensure the expeditious constructio n of bar rie rs and roads in the vicinity of the internatio na l border near San Diego . This waiver is pursua nt to author ity granted to the Secretary of Homela nd Security by Congress and covers a var iety of env ironmen tal , nat ural resource, and land management laws. The waiver covers certain borde r infrastructure projects in the United States Border Patrol's San Diego Sector, one of th e bus iest Sectors in the natio n. In fisca l year 2016 alone, the United States Border Patrol apprehended ove r 31,000 illegal aliens and se ized approx imately 9,167 poun ds of marijuana and approx imatel y 1,317 pounds of cocaine in the San Diego Sector . The San Diego Sector remai ns an area of high illegal entry for which t he re is an immediate need to improve current infrastructure and construct additional borde r ba rr ie rs and roads . To beg in to meet the need for add itiona l bo rder infrastructure within the San Diego Sector, OHSwill implement various borde r infrastructu re projec ts . These projects will focus on an approximate ly 15-mile segment of the borde r within t he San Diego Sector that sta rts at t he Pacific Ocean and extends eastwar d, to approx imatel y one mile east of what is known as Border Monument 251. Congress prov ided the Secretary of Homeland Security with a num ber of author ities necessary to carry out DHS's border security mission. One of the se authorities is fo un d at section 102 of the Illegal Immigratio n Reform and Immigra nt Responsib ility Act of 1996, as amended ("IIRIRA"). Section 102(a) of IIRIRA provide s that th e Secretary of Home land Security shall take such actions as may be necessary to install add itiona l physical barrie rs and roa ds in the vicinity of t he United States bor der to deter illegal cross ings in areas of high illegal entry into th e Unite d States . In section 102(b) of IIRIRA, Congress has called for t he installation of add it iona l fenci ng, barriers, roads, light ing, came ras, and sensors on t he southwest border . Fina lly, in sectio n 102(c) of IIRIRA,Congress granted to the Secretary of Home land Security the authority to waive all legal requirements that t he Secretary, in his sole discretion, determ ines neces sary to ensure th e expeditious cons tru ctio n of t he ba rriers and road s authorized by section 102 of IIRIRA. The Department of Homeland Security contin ues to implement President Trump's Execut ive Order 13767 - also known as Border Security and Imm igrat ion Enforcement Imp rovements - and continues to take steps to imme diately plan, desig n and const ruct a physical wall along the southern bo rder, using appropriate mate rials and technology to most effect ively ach ieve comp lete operational control of th e southern borde { (b) (5) I I I The Department has exer cise d the waiver authority in Sect ion 102 of IIRIRAon five previous occas ions from 2005 to 2008 . DHS-17-0303-B-000034 BW13 FOIA CBP 000034 More information about the waiver is available in the Federal Register (HYPERLINK). DHS-17-0303-B-000035 BW13 FOIA CBP 000035 From: To: (b) (6) Cc: Subject: Date: Attachments: Meeting Notes/Outcomes Thursday, July 06, 2017 8:16:22 PM NON-RESPONSIVE (b) (7)(E) 07-06 Meeting.docx To: Unified Command and Planning Partners: Please see attached meeting notes and outcomes that were captured along with a new contact list from those that joined us. Respectfully, SBPA (b)(6);(b)(7)(C) San Diego Sector Operation (b) (7)(E) Office: (b)(6);(b)(7)(C) - DHS-17-0303-B-000036 BW13 FOIA CBP 000036 Unified Command/ July 6t Meeting Outcomes: Planning Meeting - Border Patro l facility has been estab lished as our Unified Command locat ion o , San Diego CA. Access / key pad codes will be provided at a later date o Remode l/ source / equ ip with requ ired logistical items (monitors , mobile AC units, etc. ) Ident ified additiona l pos itions for-----o Confirmation needed foro Border Patro l Logist ics o Liaison for each agency needs to be ident ified and sent to (b) (6) (b) (?)(E) o The other area of research re lates to federa l reimbursement for loca l response costs. Operat ions sect ion needs from each agenc y o Steady state operat ions staffing/ cont ingency staffing 0 Security Force Protect ion 0 (b) (7)( E) / build into each plan Phases potent ia lly need to (b) (7)(E) Command , resources , etc . for activating Unified Morning brief to Unified Commanders to ensure transparenc y across all shifts/ agenc ies Webb app lication deve loped for access to mapp ing o Utilize Scout software / will be same as paper maps o Refine Map to include o Otay Mesa pedestr ian and cargo o Remove demonstrat ion area with in private propert y o Extend and align construct ion area for protot ype build site o Visually dep ict shaded jur isdictions with color legend Joint Informat ion Center location still up for discussion o Multi-agency PIO aware of POC's and will coord inate further o Border Patro l will have public affairs agent on dut y first week of construct ion and will evaluate further need o Border Patro l hascommun ity liaison agents to leverage for pub lic informat ion to commun ities o All med ia inquiries to any agency/ department about the "border wa ll" will be forwarded to Border Patro l San Diego Sector contact number forthcom ing. Next o (b) (?)(E) Unified Command/ Planning Meeting July 20th from 10:00am - 12:00pm @ SOFD NTC (b) 0 POC: (?)(E) , San Diego (b) (?)(E) (b) (6), (b) (7)(C) DHS-17-0303-B-000037 BW13 FOIA CB P 000037 From: To: (b) (6) Subject: Date: Attachments: San Diego Border Management Task Force - Meeting notes from July 11, 2017, for your review/comment Tuesday, July 25, 2017 10:33:09 PM BMTF San Diego July 11 2017 meeting notes DRAFT.doc Hello San Diego BMTF members: Thanks to everyone who attended the recent meeting of San Diego Border Management Task Force. Attached for your review/comment are draft meeting notes. Please provide any edits to me and I'll revise and re-distribute. Some of you may be getting these meeting notes for the first time - if so, your name was added to the distribution list by a colleague from your agency who thought you would like to know about this collaborative group. If you do not want to be on this group email list, please let me know and I'll remove your name. Thanks again to some first time attendees; it was great to have you. And we hope to see everyone on Tuesday October 10th at 10am for our final 2017 meeting at Rancho Jamul Ecological Reserve at 14715 Highway 94, Jamul, 91935. - Cheers, (b) - (6) ***************************************** (b) (6) Refuge Manager San Diego National Wildlife Refuge US Fish and Wildlife Service (b) (6) http://www.fws.gov/refuge/san_diego/ ***************************************** DHS-17-0303-B-000038 BW13 FOIA CBP 000038 Border Management Task Force- San Diego Area Meeting Notes for July 11, 2017 AGENCY REPORTS - PROJECTS - INFRASTRUCTURE - RESOURCES EMERGENCY SERVICES REPORTS Border Patrol/CBP - (b) (6) (Public Land s Liaison Agent) and (b) (6) o - gave a presentation on the many collaborative proj ects in the San Diego area among the San Diego BMTF members includin : o Addressing vehicle trespass by on conserved lands boundarie s. o Border Patro l supp o1t for shooting closure in Bureau of Land Management Sycamore Canyon o Road maintenance collabo rati on among Border Patrol , City of San Diego , Bureau of Land Management , Fish and Wildlife Service o Work with Forest Service on closing unauth orized routes in (b) (7)(E) o Forest Service and CalFire wildfire safety briefings to Border Patro l agents (b) (7)(E) o CA Dept of Fish and Wildlife anan ging areas for o Control of invasive plan t species at Dulzura Border Patrol checkpo int at CA Dept of Fish and Wild life prope1ty o Coord inati on with Border Patrol an~ey on field surveys for golden eagles and sharing wildlife _ , and with APHI S on the feral pig control pro gram o Facili tating Border Patrol agent training events on Fish and Wildlife and City of San Diego lands o Land acquisition in 20 12 of almost 2000 acres to offset impacts to Otay Mtn. and listed species and criti cal habitats from earlier border infrastrncture/constrnction o Many BMTF member s includin g Border Patro l cmTently work ing on SD County Parks and Recreation trail alignment study in south San Diego County area o Border Statistics on apprehensions/drng seizures - not available for this meeting but generally seeing 20% reduction in appr ehensions across southern boundaiy over prior yeai.s/month s. o Expect San Diego Sector Chief to retire soon o Infrastrncture is the biggest item with budget dive1ted to that in 2017; focus in CA is mainly in San Diego and the area will be getting new border infrastrncture 1 DHS-17-0303-B-000039 BW13 FOIA CBP 000039 (b) (6 ) Departm ent of Interior, Border Coordinators IE>ID will be re- oon an d introduced &IGJI , who is taking over DOI Border Coordinator positio n . o o career includes fire an d law enforcement assignme nts; most recently he was Park Superinte ndent at Organ Pipe Cactus Nat ional Monume nt in AZ where he had extensive interaction with Border Patrnl. Oth er DOI news: o Nominees for Assistant Secretaiy of Interior ai.e fo1thcoming and it's anticipated that hearings and confin nations could take months o Interior is cmTently reviewing National Monument designatio ns o Budget - any infrastrncture projects will be budget dependent. CmTently, border fence work is ongoing but unsure of any wall projects , except for prototypes , since it's unknown now what FY18 budget will be. o (b) (5) o ill will ~ss the j ob, especially the people , upon retirement. The group wished 'happy retirement. BLM Border Liaison), o o o o o o o o o a (b) (6 ) BLM has an acting director but no nominee announceme nt has yet been made BLM has five new leadership priorities including "make America safe"; Border security and strong agency relationships, including with Depa1tme nt of Defense, are impo1ta nt o o o (b)(5) South Coast Resource Manageme nt Plan is at CA State Office for review by specialists Draft Biological Opinion by FWS on the RMP was received a week ago Table Mountain Road project NEPA is unde1way Palm S rings Field Office Manager, met with County of San Diego regarding shooting on public lands in Dulzura ai.ea. Working on full tai.get s ootmg c osures for the ai.ea an d BLM would want BP letter stating agency support for full tai.get shooting closure. have been working in commun ity to reduce target shooting impacts and enforce fire closure for shooting . Some citations issued for closure violations . Have been some heat-related seai.ch and rescues in BLM ai.eas, as well as some OHV trespass BLM LE working with BP to ge (b) (7)(E) BLM Fire Prevention officer is stationed at CalFire Monte Vista station , El Cajon Would like to get additional officers for the ai.ea to ensure 7 day/week coverage is coordinating between BLM and CBP on statistics and locations to do mapping overlay. Will also work with FS and FWS regarding interdictions and drng stops. This infon natio n would be helpful in asking for additional funding for officers and agents and to document effects to public lan ds from illegal border activity. Working in each border oo 2 DHS-17-0303-B-000040 BW13 FOIA CBP 000040 NON-RESPONSIVE (b) (6) Forest Service o o Vegetatio n fire sta1ts on private lands - if within 2 miles of forest then FS will respond to tty to help keep fire off forest. Seeing increase in tl'ash on Pacific Crest Trail between Hauser and 94 - is likely from illegal crossers rather than PCT hike rs . o o (b) (7)(E) Horsethief and Espinoza Valleys seeing motorcycle tl'espass . o o (b) (7)(E) OHV and PCT FS staff working on educational outl'each to users to tty to get the public to follow regulations. Have seen where people leave campfires burnin g or people campin g in riparian areas . Staff talking to website developers about getting good infonn ation out to the public. City of San Diego o o (b) (6) City has been locked out of some gates ; working with other stakeholders to remedy. City is working to remove references to the CA Riding and Hikin g Trail through its prope1t ies at Lower Otay Reservoir. 3 DHS-17-0303-B-000041 BW13 FOIA CBP 00004 1 County of San Diego - (b) (6) ? County Parks staff working with other agencies on Otay Ranch Preserve trail alignment study. Working on a date for a second public workshop in Fall 2017. California Dept. of Fish and Wildlife - (b) (6) ? Project to replace fencing along Otay Lakes Road underway ? (b) (6) (City of San Diego) to work on locks on mutual gates ? Thanks to BLM for getting (b) (6) to (b) (7)(E) to help with patrols as it also helps in State lands protection ? Rancho Jamul ER's entry road will be repaved in August and the historic brick kiln has been fenced to reduce trespass. ? Vehicle barrier fence to be installed along Proctor Valley Road near Pioneer to help reduce vehicle trespass. -- - Fish and Wildlife Service - ? ? ? ? ? ? ? ? (b) (6) FWS anticipating work with Border Patrol on infrastructure projects Dept of Justice engaging on pending lawsuits regarding border wall; expect FOIA requests and suits about NEPA sufficiency Want to continue the collaboration between agencies seen on earlier border infrastructure projects in terms of opportunity to salvage plants/fossils in the path of construction (b) (6) thanked (b) (6) for all his work on border programs, especially the land acquisition mitigation Zone Fire Management Officer position to be filled soon; are requesting to fill Assistant FMO position (b) (7)(E) LE staffing is officers in CA and NV; in academy but will be stationed in northern California San Diego NWR Comprehensive Conservation Plan (management plan) has been signed at region. Once notice is published in Federal Register, staff will do outreach to agencies, elected officials and the public. Project to augment populations of Quino checkerspot butterflies was successful on San Diego NWR; will be doing similar release of butterfly larvae next winter on additional Refuge sites - - - (b) (7)(E) 2017 MEETINGS: Next meeting date is on Tuesday October 10 from 10 AM to Noon at Rancho Jamul Ecological Reserve, 14715 Highway 94 (Campo Road), Jamul, CA 91935 4 DHS-17-0303-B-000042 BW13 FOIA CBP 000042 From: To: (b) (6), (b) (7)(C) (b) (6) Cc: Subject: Date: (b) (6), (b) (7)(C) RE: Border Wall Prototypes - re: 3/9/17 - Meeting Chief (b) (6), (b) (7)(C) , U.S. Border Patrol Tuesday, August 01, 2017 1:42:13 PM All, I was advised of an update to the email list. Please welcome Mr. (b) (6) , Acting Consul General, Consulate General of Mexico in San Diego. I included Mr. (b) (6) on this email. Thank you again. We're here for you if you have any questions. - 1111 - (b) (6), (b) (7)(C) | Operations Officer U.S. Border Patrol | San Diego Sector (b) (6), (b) (7)(C) From: (b) (6), (b) (7)(C) Sent: Tuesday, August 01, 2017 7:19 AM To: (b) (6) > Cc: (b) (6) > Subject: Border Wall Prototypes - re: 3/9/17 - Meeting Chief (b) (6), (b) (7)(C) , U.S. Border Patrol All, I apologize for not providing this information sooner; however, immediate messaging regarding the border infrastructure projects was limited due to required congressional notifications. To maintain and promote continued transparency, the Department of Homeland Security has acquired an environmental waiver in order to move forward with the construction of the wall prototypes, as well as replacement fencing. As many of you know, the U.S. Government has acquired environmental waivers in the past in order to accomplish improvements with the border infrastructure system. As explained by Customs and Border Protection's Office of Public Affairs, the waiver is intended to cover construction projects associated with 14 miles of primary fence replacement in San Diego Sector, 14 miles of secondary fence replacement in the same location to establish an enforcement zone, and wall prototypes located at the east end of the secondary fence to be replaced. Both the primary fence replacement and the prototype construction are being carried out with funding already provided by Congress. The funding for secondary fence replacement is included in the DHS Fiscal Year 2018 budget request. Please see attached press release. DHS-17-0303-B-000043 BW13 FOIA CBP 000043 Please note that construction is still delayed. We will do our best to keep you informed as information becomes available. Also, I would like to introduce you to Acting Assistant Chief Patrol Agent (b) (6), (b) (7)(C) (included on this email). Mr. has taken over responsibility for Sector Communications. Please don't hesitate to introduce yourself to him and as always, please reach out to us if you have any questions or concerns. Best regards, - (b) (6), (b) (7)(C) (b) (6), (b) (7)(C) | Operations Officer U.S. Border Patrol | San Diego Sector (b) (6), (b) (7)(C) From: (b) (6), (b) (7)(C) Sent: Tuesday, July 11, 2017 12:20 PM To: (b) (6) Subject: RE: 3/9/17 - Meeting Chief (b) (6), (b) (7)(C) , U.S. Border Patrol All, I used the old email list. I'm sending again to make sure receives the information, (b) (6) and we all remain on the same email string. Thank you! Chief wants you to be aware of an update regarding the construction of the border wall prototypes. There is a delay in working through the logistics of construction. I don't have specific information about what the issue is, but I'm told the plan is still moving forward. Construction may still be several months away. We will do our best to keep you informed as things change. Thank you for your patience in this matter. - (b) (6), (b) (7)(C) - (b) (6), (b) (7)(C) | Assistant Chief Patrol Agent (A) United States Border Patrol | San Diego Sector (b) (6), (b) (7)(C) From: (b) (6), (b) (7)(C) Sent: Monday, April 03, 2017 10:53 AM To: (b) (6) ; DHS-17-0303-B-000044 BW13 FOIA CBP 000044 (b) (6) Subject: RE: 3/9/17 - Meet ing Chief (b) (6), (b) (7)(C) , U.S. Border Patrol All, I am adding (b) (6), (b) (7)(C) to t his group email. for t he City of San Diego. Mr.Qlm) is t he Director of Governme nt Aff airs has moved into her new role as Direct or of Infr astr uct ure and Water Policy for t he City of San Diego. I don't have any f urt her updat es yet, but as soon as t he Chief receives new informa ti on, we will make as much available t o yo u as possible. Thank you for you r patience . i@Tff Pll (A)Assistant Chief Patrol Agent 1 Urute dStates Border Patrol San Die o Sector From: (b) (6), (b) (7)(C) Sent: Tuesday, March 28, 2017 10:14 AM To: (b) (6) Subject: RE: 3/9/17 - Meet ing Chief (b) (6), (b) (7)(C) , U.S. Border Patrol All: News outlets have reported that San Diego is poised to serve as one of the first locat ions to receive rep lacement and new borde r infrastructure . At this stage we can confirm that briefings related to fund ing have been held w it h Congressiona l Committees, but voting and earmarking of fu nding has not occurred . We share this informat ion wit h you both in the spirit of transparency and to avoid confus ion and misinform at ion . As we receive more accurate informat ion, we will reach out to you again. We recognize that our communities wil l have questions, and we are committed to keeping this communication open . Thank you for your commitment as well. Best regards, DHS-17-0303-B-000045 BW13 FOIA CBP 000045 From: (b) (6), (b) (7)(C) Sent: Saturday, March 18, 2017 6:50 PM To: (b) (6) > Subject: RE: 3/9/17 - Meeting Chief (b) (6), (b) (7)(C) , U.S. Border Patrol Adding Mr. - Thank you (b) (6), (b) (7)(C - (b) (6) to this email group. He is President of the Tijuana Business Council. From: (b) (6), (b) (7)(C) Sent: Saturday, March 18, 2017 6:03:00 PM (b) (6) To: Subject: RE: 3/9/17 - Meeting Chief (b) (6), (b) (7)(C) , U.S. Border Patrol Good evening all, You may have heard already, but CBP Headquarters released information last evening that prototypes for a border wall are in fact going to be constructed here in San Diego. The site has not been released yet, but I wanted you to know as soon as possible. We are getting ourselves ready for a lot of interest, so please bare with us, as we strive to ensure accurate information is released. You are welcome to contact me with any questions you may have. Unfortunately, I don't have a lot of answers right now. Monday morning, we will be able to get a better handle on what is ahead for this region. As always, thank you for your partnership. I appreciate you working with us as we try to keep our communities informed and safe. Best regards, (b) (6), (b) (7)(C) , (A)ACPA San Diego Sector (b) (6), (b) (7)(C) From: (b) (6), (b) (7)(C) Sent: Wednesday, March 15, 2017 1:04:09 PM (b) (6) To: Subject: RE: 3/9/17 - Meeting Chief (b) (6), (b) (7)(C) , U.S. Border Patrol DHS-17-0303-B-000046 BW13 FOIA CBP 000046 Good afternoo n all, We wanted to prov ide you w it h the link to the webs ite w here you can track t he stat us of construct ion bids. This is not the place w here you w ill find any defin it ive decisio ns; however, it is an ope n-source site th at provides an opportun ity to watc h t he progress of solicit ing contr acts about possible constructio n. Also, attac hed is a scan of t he latest update . W hen you go to t he website below, it should show you t he most recent status update . The direct lin k to t he webpage is https://www.fbo .gov/? s=oppo rtu nity&mode =fo rm&id =522a 7f e7a47b35 1a71a22ba5 1273b5fa&ta b=core& cview =1 I hope yo u fi nd th is helpf ul. Please know t hat we w ill continue to push informat ion out to you w henever possible. As always, please don't hesit ate to reach out to me. Regards, From:(b) (6), (b) (7)(C) Sent: Thursday, Marc h 09, 2017 4:05 PM To: (b) (6 ), (b) (7 )(C) Subject: 3/9/17 - Meet ing Chief (b) (6), (b) (7)(C) , U.S. Border Patrol All, On behalf of Chief Patrol Agent (b) (6), (b) (7)(C) , th ank you fo r yo ur atte ndance in the meet ing o n Thursday, March 9, 2017. As we discussed in t he meeting , it is impo rtant we maintain t his open d ialogue, so we can speak as o ne vo ice to the commun it ies we all serve. I w ill be yo ur pri mary point of cont act for San Diego Sect o r, and I welcome your input as we move fo rward w it h discussions about bo rder security in the San Diego/T ijuan a region. pulse on w hat is happen ing in our various commun it ies. I was unable to get the email cont act info rmation fr om the fo llowing two atte ndees. I will try to DHS-17-0303-B-000047 BW 13 FOIA CB P 000047 track that dow n, but if you happen to have it , wo uld yo u please forward to me? o o (b)( 6) , Director of Federal Government Affairs, County of San Diego (b)( 6) , Director of Binational Affa irs, County of San Diego Others in atte ndance (included on th is email) were: (b)( 6) , Consul General, U.S. Embassy and Consulate, Tijua na, B.C., MX (b) (6) , Consul General of Mex ico, San Diego, CA, USA (b) (6) , Dep uty Consul General, Consulate General of Mexico , San Diego, CA, USA (b) (6) , Director of Binat ional Affairs , City of Tijuana (b)( 6) ., Director of Commun ications for County SupervisorltDIGJ) , County o o o o o of San Diego We look forward to meeting wit h you again . Please let me know of any quest io ns or concerns you may have . Respectfu Ily, DHS-17-0303-B-000048 BW 13 FOIA CBP 000048 From: To: (b) (6), (b) (7)(C) Subject: Date: RE: 3/9/17 - Meeting Chief (b) (6), (b) (7)(C) , U.S. Border Patrol Saturday, March 18, 2017 9:49:46 PM Adding Mr. - Thank you (b) (6), (b) (7)(C (b) (6) - (b) (6) to this email group. He is President of the Tijuana Business Council. From: (b) (6), (b) (7)(C) Sent: Saturday, March 18, 2017 6:03:00 PM (b) (6) To: Subject: RE: 3/9/17 - Meeting Chief (b) (6), (b) (7)(C) , U.S. Border Patrol Good evening all, You may have heard already, but CBP Headquarters released information last evening that prototypes for a border wall are in fact going to be constructed here in San Diego. The site has not been released yet, but I wanted you to know as soon as possible. We are getting ourselves ready for a lot of interest, so please bare with us, as we strive to ensure accurate information is released. You are welcome to contact me with any questions you may have. Unfortunately, I don't have a lot of answers right now. Monday morning, we will be able to get a better handle on what is ahead for this region. As always, thank you for your partnership. I appreciate you working with us as we try to keep our communities informed and safe. Best regards, (b) (6), (b) (7)(C) , (A)ACPA San Diego Sector (b) (6), (b) (7)(C) From: (b) (6), (b) (7)(C) Sent: Wednesday, March 15, 2017 1:04:09 PM (b) (6) To: Subject: RE: 3/9/17 - Meeting Chief (b) (6), (b) (7)(C) , U.S. Border Patrol Good afternoon all, We wanted to provide you with the link to the website where you can track the status of DHS-17-0303-B-000049 BW13 FOIA CBP 000049 construction bids. This is not the place where you will find any definitive decisions; however, it is an open-source site that provides an opportunity to watch the progress of soliciting contracts about possible construction . Also, attached is a scan of the latest update . When you go to the we bsite below, it shou ld show you the most recent status update . The direct link to the webpage is https://www.fbo .gov/? s=oppo rtu nity&mode =fo rm&id =522a 7f e7a47b35 1a71a22ba5 1273b5fa&ta b=core& cview =1 I hope you fi nd this helpful. Please know that we w ill continue to push informa tion out to you w henever possible. As always, please don't hesitate to reach out to me. Regards, From: (b) (6), (b) (7)(C) Sent: Thursday, March 09, 2017 4:05 PM (b ) (6) To: Subject: 3/9/17 - Meet ing Chief (b) (6), (b) (7)(C) , U.S. Border Patrol All, On behalf of Chief Patrol Agent (b) (6), (b) (7)(C) , thank you for your attendance in the meeting on Thursday, March 9, 2017. As we discussed in the meeting , it is important we maintain this open d ialogue, so we can speak as one vo ice to the communit ies we all serve. I w ill be your primary point of contact for San Diego Sector, and I wel come your input as we move forward with discussions about border security in the San Diego/Tijuana regio n. pulse on w hat is happen ing in our various communit ies. I was unable to get the email contact info rmation from the following two attendees . I will try to track that down, but if you happen to have it , would you please forward to me? o (b )(6) , Directo r of Federal Government Affairs, County of San Diego DHS-17-0303-B-000050 BW13 FOIA CBP 000050 o (b)( 6) , Director of Binational Affa irs, County of San Diego Others in attendance (included on th is email) were: (b)( 6) , Consul Genera l, U.S. Embassy and Consulate, Tijuana, B.C., MX (b) (6) , Consul General of Mexico, San Diego, CA, USA (b) (6) , Deputy Consul Genera l, Consulate Genera l of Mexico , San Diego, CA, USA (b) (6) , Director of Binat ional Affairs, City of Tijuana (b)( 6) (V)UJ , County ., Director of Communications for County Supervisor o o o o o of San Diego We look forward to meeti ng with you again . Please let me know of any quest ions or concerns you may have . Respectfu Ily, DHS-17-0303-B-000051 BW13 FOIA CBP 000051 From: (b) (6) To: Subject: Date: RE: 3/9/17 - Meeting ChiefWPMQPP, U.S. Border Patrol Tuesday, July 11, 2017 3:19:37 PM All, I used the old email list. I'm sending again to make sure and we all remain on the same email stri ng. Thank you ! (b) (6 ) receives the informat ion, specificinformation about what the issueis, but I'm told the plan is still movingforward. Constructionmay still be several months away. We will do our best to keep you informed as things change. Thank you for your patience in this matter. WMW/I Assistant Chief Patrol Agent (A) United States Border Patrol I San Diego Sector From:(b) (6), (b) (7)(C) Sent: Mo nday, April 03, 2017 10:53 AM To: Subject: RE: 3/9/17 - Meet ing Chief (b) (b ) (6) (6), (b) (7)(C) , U.S. Border Patrol All, I am adding to t his group email. Mr.Qlm) is t he Director of Governme nt Affa irs (b ) (6) for t he City of San Diego. has moved into her new ro le as Direct or of Infr astruct ure and Water Policy for t he City of San Diego. I don't have any f urt her updat es yet, but as soon as t he Chief receives new informa ti on, we w ill make as much available t o you as possible. Thank you fo r you r patie nce. DHS-17-0303-B-000052 BW13 FOIA CB P 000052 From: (b) (6), (b) (7 )(C) Sent: Tuesday, March 28, 2017 10:14 AM (b ) (6) To: Subject: RE: 3/9/17 - Meet ing Chief (b) (6), (b) (7)(C) , U.S. Border Patrol All: News outlets have reported that San Diego is poised to serve as one of the first locat ions to receive rep lacement and new borde r infrastructure . At this stage we can confirm that briefi ngs related to funding have been held w it h Congressiona l Committees, but voting and earmarking of f unding has not occurred . We share this informat ion wit h you both in the spirit of transparency and to avoid confus ion and misinform at ion . As we receive more accurate informat ion, we wil l reach out to you again. We recognize that our communities wil l have questions, and we are committed to keeping this communication open . Thank you for your commitment as we ll. Best regards, From: (b ) (6), (b) (7 )(C) Sent: Saturday, Marc h 18, 2017 6 :50 PM To: (b ) (6) Subje ct: RE: 3/9/17 - Meet ing Chief (b) (6), (b) (7)(C) , U.S. Border Patrol Adding Mr. (b) (6), (b) (7)(C) to this email group. He is President of the Tijuan a Business Council. - Thank you DHS-17-0303-B-000053 BW13 FOIA CBP 000053 Good evening all, You may have heard already, but CBP Headquarters released information last evening that prototypes for a border wall are in fact going to be constructed here in San Diego. The site has not been released yet, but I wanted you to know as soon as possible. We are getting ourselves ready for a lot of interest, so please bare with us, as we strive to ensure accurate information is released. You are welcome to contact me with any questions you may have. Unfortunately, I don't have a lot of answers right now. Monday morning, we will be able to get a better handle on what is ahead for this region. As always, thank you for your partnership. I appreciate you working with us as we try to keep our communities informed and safe. Best regards, (b) (6), (b) (7)(C) , (A)ACPA San Diego Sector (b) (6), (b) (7)(C) From: (b) (6), (b) (7)(C) Sent: Wednesday, March 15, 2017 1:04:09 PM (b) (6) To: Subject: RE: 3/9/17 - Meeting Chief (b) (6), (b) (7)(C) , U.S. Border Patrol Good afternoon all, We wanted to provide you with the link to the website where you can track the status of construction bids. This is not the place where you will find any definitive decisions; however, it is an open-source site that provides an opportunity to watch the progress of soliciting contracts about possible construction. Also, attached is a scan of the latest update. When you go to the website below, it should show you the most recent status update. The direct link to the webpage is https://www.fbo.gov/? s=opportunity&mode=form&id=522a7fe7a47b351a71a22ba51273b5fa&tab=core&_cview=1 I hope you find this helpful. Please know that we will continue to push information out to you whenever possible. As always, please don't hesitate to reach out to me. Regards, (b) (6), (b) (7)(C) | (A)Assistant Chief Patrol Agent United States Border Patrol | San Diego Sector DHS-17-0303-B-000054 BW13 FOIA CBP 000054 From: (b) (6) , (b) (7)(C) Sent: Th ursday, March 09, 2017 4 :05 PM To: (b) (6) Subj ect: 3/9/17 - Meet ing Chief (b) (6), (b) (7)(C) , U.S. Border Patrol All, On beha lf of Chief Patrol Agent (b) (6), (b) (7)(C) , thank yo u fo r your attendance in the meet ing on Th ursday, March 9, 2017. As we d iscussed in t he meeting, it is important we mainta in this open d ialogue, so we can speak as one vo ice to the commu nit ies we all serve . I w ill be your pr imary point of contact fo r San Diego Sector, and I welcome you r input as we move for ward w ith discussions abo ut border security in the San Diego/T ij uana regio n. ':rrnr:r: is committed to sharing as much informat ion in as t imely a manner as possible. You all ChiE expressed your desire to reconve ne th is gro up w hen info rmatio n changes, and we wil l str ive to meet that request. Thank yo u you r candid questions; that is exact ly w hat we need in o rder to get a clear pulse on w hat is happe ning in ou r vario us commu nit ies. I was unable to get the email contact info rmation from the fo llowing two atte ndees. I will try to track that dow n, but if you happe n to have it, would you please forward to me? o o (b )(6) , Directo r of Federal Government Affairs, County of San Diego (b )(6) , Director of Binational Affa irs, County of San Diego Ot hers in attendance (included on th is email) were: (b )(6) , Consul General, U.S. Embassy and Consulate, Tijuana, B.C., MX , Consul General of Mex ico, San Diego, CA, USA (b ) (6) (b) (6 ) , Deputy Consul General, Consulate General of Mexico, San Diego, CA, USA (b ) (6) , Direct or of Binat ional Affairs, City of Tijuana (b) (6) Directo r of Commu nicatio ns fo r County SupervisorltDIGJ) , County o o o o o of San Diego We look fo rw ard to meeti ng wit h yo u again. Please let me know of any quest io ns or concerns you may have. Respectfu Ily, (b) (6) , (b) (7)(C) I (A)Assistant Chief Patrol Agent DHS-17-0303-B-000055 BW13 FOIA CBP 000055 United States Border Patrol I San Diego Sector (6), DHS-17-0303-B-000056 BW13 FOIA CBP 000056 From: To: (b) (6), (b) (7)(C) Subject: Date: RE: 3/9/17 - Meeting Chief (b) (6), (b) (7)(C) , U.S. Border Patrol Tuesday, July 11, 2017 4:30:06 PM (b) (6) Thank you! De: (b) (6), (b) (7)(C) Enviado el: Tuesday, July 11, 2017 12:20 PM Para: (b) (6) Asunto: RE: 3/9/17 - Meeting Chief (b) (6), (b) (7)(C) , U.S. Border Patrol All, I used the old email list. I'm sending again to make sure receives the information, (b) (6) and we all remain on the same email string. Thank you! Chief wants you to be aware of an update regarding the construction of the border wall prototypes. There is a delay in working through the logistics of construction. I don't have specific information about what the issue is, but I'm told the plan is still moving forward. Construction may still be several months away. We will do our best to keep you informed as things change. Thank you for your patience in this matter. - (b) (6), (b) (7)(C) - (b) (6), (b) (7)(C) | Assistant Chief Patrol Agent (A) United States Border Patrol | San Diego Sector (b) (6), (b) (7)(C) From: (b) (6), (b) (7)(C) Sent: Monday, April 03, 2017 10:53 AM To: (b) (6) Subject: RE: 3/9/17 - Meeting Chief (b) (6), (b) (7)(C) , U.S. Border Patrol All, I am adding to this group email. Mr. (b) (6) is the Director of Government Affairs (b) (6) for the City of San Diego. has moved into her new role as Director of (b) (6) - DHS-17-0303-B-000057 BW13 FOIA CBP 000057 Infr astruct ure and Water Policy for t he City of San Diego. I do n't have any f urt her updat es yet, but as soon as t he Chief receives new informa ti o n, we w ill make as much available t o you as possible. Thank yo u fo r you r patie nce. i@Tff Pll (A)Assistant Chief Patrol Agent 1 Urute dStates Border Patrol From: (b) San Die o Sector (6) , (b) (7)(C) Sent: Tuesday, March 28, 2017 10:14 AM (b ) (6) To : Subject: RE: 3/9/17 - Meet ing Chief (b) (6), (b) (7)(C) , U.S. Border Patrol All: News outlets have reporte d that San Diego is poised to serve as one of the first locat ions to receive rep lacement and new borde r infrastructure . At this stage we can confirm that briefings related to fund ing have been held w it h Congressiona l Committees, but voting and earmarking of fu nding has not occurre d . We share t his informat ion with you both in the spirit of transparency and to avoid confus ion and misinform at ion . As we receive more accurate informa tion, we wil l reach out to you again. We recognize t hat our communities wil l have questions, and we are committed to keeping this communication open . Thank you for your commitment as we ll. Best regards, From: (b) (6) , (b) (7)(C) Sent: Saturday, Marc h 18, 2017 6 :50 PM To : (b ) (6) Subject: RE: 3/9/17 - Meet ing Chief (b) (6), (b) (7)(C) , U.S. Border Patrol DHS-17-0303-B-000058 BW13 FOIA CBP 000058 Adding Mr. Thank you Jason - (b) (6) to this email group. He is President of the Tijuana Business Council. From: (b) (6), (b) (7)(C) Sent: Saturday, March 18, 2017 6:03:00 PM (b) (6) To: Subject: RE: 3/9/17 - Meeting Chief (b)(6);(b)(7)(C) U.S. Border Patrol Good evening all, You may have heard already, but CBP Headquarters released information last evening that prototypes for a border wall are in fact going to be constructed here in San Diego. The site has not been released yet, but I wanted you to know as soon as possible. We are getting ourselves ready for a lot of interest, so please bare with us, as we strive to ensure accurate information is released. You are welcome to contact me with any questions you may have. Unfortunately, I don't have a lot of answers right now. Monday morning, we will be able to get a better handle on what is ahead for this region. As always, thank you for your partnership. I appreciate you working with us as we try to keep our communities informed and safe. Best regards, (b) (6), (b) (7)(C) , (A)ACPA San Diego Sector (b) (6), (b) (7)(C) From: (b) (6), (b) (7)(C) Sent: Wednesday, March 15, 2017 1:04:09 PM (b) (6) To: Subject: RE: 3/9/17 - Meeting Chief (b) (6), (b) (7)(C) , U.S. Border Patrol Good afternoon all, We wanted to provide you with the link to the website where you can track the status of construction bids. This is not the place where you will find any definitive decisions; however, it is an open-source site that provides an opportunity to watch the progress of soliciting contracts about possible construction. Also, attached is a scan of the latest update. When you go to the website below, it should show you the most recent status update. The direct link to the webpage is https://www.fbo.gov/? DHS-17-0303-B-000059 BW13 FOIA CBP 000059 s=oppo rtu nity&mode =fo rm&id =522a 7f e7a47b35 1a71a22ba5 1273b5fa&ta b=core& cview =1 I hope you find this helpful. Please know that we w ill continue to push informa tion out to you whenever possible. As always, please don't hesitate to reach out to me. Regards, From: (b) (6), (b) (7)(C) Sent: Thursday, Marc h 09, 2017 4 :05 PM To: (b) (6) Subject: 3/9/17 - Meet ing Chief (b) (6), (b) (7)(C) , U.S. Border Patrol All, On behalf of Chief Patrol Agent (b) (6), (b) (7)(C) , thank you for your attendance in the meeting on Th ursday, Mar ch 9, 2017. As we d iscussed in the meeting, it is important we maintain this open d ialogue, so we can speak as one vo ice to the communit ies we all serve. I w ill be your primary point of contact for San Diego Sector, and I welco me your input as we move forward with discussions abo ut border secur ity in the San Diego/T ijuana regio n. pulse on w hat is happen ing in our various communit ies. I was unable to get the email contact info rmation from the following two attendees . I will try to track that down, but if you happen to have it, would you please forward to me? o o (b )(6) , Director of Federal Government Affairs, County of San Diego (b )(6) , Director of Binational Affa irs, County of San Diego Others in attendance (included on th is email) were: o o o (b )(6) (b ) (6) (b) (6 ) , Consul General, U.S. Embassy and Consulate, Tijuana, B.C., MX , Consul General of Mexico, San Diego, CA, USA , Deputy Consul General, Consulate General of Mexico, San Diego, CA, USA DHS-17-0303-B-000060 BW13 FOIA CBP 000060 (b) (6) (b)( 6) o o , Director of Binat ional Affairs, City of Tijuana ., Director of Communications for County Supervisor (V)UJ , County of San Diego We look fo rward to meeti ng with you again . Please let me know of any quest ions or concerns you may have . Respectfu Ily, DHS-17-0303-B-000061 BW13 FOIA CBP 000061 From: To: Subject: Date: (b) (6), (b) (7)(C) (b) (6) Meeting with Local LE Partners Tuesday, February 28, 2017 6:42:52 PM (b) (7)(E) Good Afternoon, San Diego Sector Border Patrol is in the planning process of operation (b) (7)(E) n preparation for significant local interest(b) (7)(E) during the announcement and build of the border wall prototypes. Chief will discuss the matter at tomorrow's Chief's and Sheriff's Association, but would like to invite you or a designee to read you in on our planning for your transparency and support. The meeting will be held Thursday 3/2, 12:30 p.m. at San Diego Sector HQ located at 2411 Boswell, Rd. Chula Vista. Thank you. Respectfully, (b) (6), (b) (7)(C) Adjutant to Chief (b) (6), (b) (7)(C) U.S. Border Patrol San Diego Sector -(b) (6), (b) (7)(C) (b) (6), (b) (7)(C) DHS-17-0303-B-000062 BW13 FOIA CBP 000062 From: To: Subject: Date: (b) (6), (b) (7)(C) (b) (6), (b) (7)(C) (b) (7)(E) Meeting with Local LE Partners Tuesday, February 28, 2017 6:44:54 PM Good Afternoon, San Diego Sector Border Patrol is in the planning process of operation (b) (7)(E) in preparation for significant local interest/(b) (7)(E) during the announcement and build of the border wall prototypes. Chief will discuss the matter at tomorrow's Chief's and Sheriff's Association, but would like to invite you or a designee to read you in on our planning for your transparency and support. The meeting will be held Thursday 3/2, 12:30 p.m. at San Diego Sector HQ located at 2411 Boswell, Rd. Chula Vista. Thank you. Respectfully, (b) (6), (b) (7)(C) Adjutant to Chief (b) (6), (b) (7)(C) U.S. Border Patrol San Diego Sector -(b) (6), (b) (7)(C) (b) (6), (b) (7)(C) DHS-17-0303-B-000063 BW13 FOIA CBP 000063 From: To: Subject: Date: - (b) (6), (b) (7)(C) (b) (6) Chief (b) (6), (b) (7 Meeting Request Monday, March 06, 2017 6:12:05 PM Good Afternoon, Chief Patrol Agent (b) (6), (b) (7)(C) would like to cordially invite you to San Diego Border Patrol Sector Headquarters. The purpose of this meeting is to inform and discuss a mutual path forward for our communities and its members who may react to Presidential Orders concerning immigration matters, for example border enforcement and border wall. It is imperative that we are prepared to serve the best interest of our communities, and open dialogue and communication is critical. The attendees of this meeting are government organizations from the local, state and federal level. Please RSVP to this message by close of business Wednesday, March 8, 2017. Please RSVP to our invitation to prepare accordingly. Where: San Diego Border Patrol Sector HQ 2411 Boswell Rd Chula Vista, CA 91914 When: March 9, 2017 at 10:00 a.m. Respectfully, (b) (6), (b) (7)(C) Adjutant to Chief (b)(6);(b)(7)(C) U.S. Border Patrol San Diego Sector (b) (6), (b) (7)(C) DHS-17-0303-B-000064 BW13 FOIA CBP 000064 From: To: (b) (6), (b) (7)(C) Subject: Date: CNN News Release Tuesday, March 28, 2017 12:39:18 PM (b) (6) To: San Diego Sheriff's Department San Diego Police Department CHP Federal Protective Service Partners, for your awareness, CNN released an article on more specifics of the prototype / wall development. The specific location still has not been released but the story of 14-miles of new "wall" in San Diego is true---I just found out yesterday. - (b) (6), (b) (7)(C) (b) (6), (b) (7)(C) Lead Planner/Coordinator CBP Operation (b) (7)(E) (b) (6), (b) (7)(C) DHS-17-0303-B-000065 BW13 FOIA CBP 000065 Fro m: To : Subj ect: Date : (b ) (6) , (b ) (7 )(C) M!DIUMI RE: San Diego Sector, fence prototypes being considered Wednesday, April OS, 2017 1:39:45 PM Thanks,MQJIOJII From: Sen~ To:~ (b) (6) 01710 :38AM Subject: RE: San Diego Sector, fence prototypes being considered I have asked my med ia in SD and HQ to pass this along to the right Border Patro l folks for coordination From: (b) (6) Sent: Wed nesday, April 05, 201711 :26 AM (b) (6) To: .> Subject: San Diego Sector, fence prototypes being conside red CBP Media Relat io ns and Border Commu nity Liaisonttlm We've been reading in the local San Diego pape r (and received calls fr om a reporte r) about fence prototypes being considered near the coast. I have spoken w ith office, who confirmed that CBP appears to be contemp lat ing some prototypes being stalled , to assist futu re alte rnatives conside rations for fe nces. The last t ime I was wor king w ith CBP in San Diego (on t he 14 mi le bo rder fence that was installed), I andae)IGJII had wo rked withbJU know if they' re still wit h CBP San Diego. . That was rough ly 8 or more years ago, and I don't I was wonde ring whet her CBP intends to coo rdinate w ith us on any proposa ls, and if so, who I might contact to find out any details, if and when they are made public. Thank yo u fo r your assistance . (b) (6) Manager, Energy, Ocean Resomces and Federal Consistency Division California Coastal Commission 45 Fremont Street, Suite 2000 San Francisco, CA 94105-2219 DHS-17-0303-B-000066 BW 13 FOIA CBP 000066 From: (b) (6) To : Subj ect: Date : RE: 3/9/17 - Meeting ChiefWPMQPP, U.S. Border Patrol Monday, April 03, 2017 1:53:24 PM All, (b) (6) I am adding for t he City of San Diego. Mr.QIGJJ to this group email. is t he Director of Governmen t Aff airs has moved into her new role as Direct or of Infr astr uct ure and Water Policy for t he City of San Diego. I don't have any f urt her updat es yet, but as soon as t he Chief receives new informa ti on, we will make as much available t o yo u as possible. Thank you for you r patience . i@Tff PIII (A)Assistant Chief Patrol Agent Urute dStates Border Patrol San Die o Sector From: (b) (6), (b) (7)(C) Sent: Tuesday, March 28, 2017 10:14 AM To: (b) (6) Subject: RE: 3/9/17 - Meet ing Chief (b) (6), (b ) (7)(C) , U.S. Border Patrol All: News outlets have reported that San Diego is poised to serve as one of the first locat ions to receive rep lacement and new border infrastructure . At this stage we can confirm that briefings related to funding have been held w it h Congressiona l Committees, but voting and earmarking of f unding has not occurred . We share this informat ion wit h you both in the spirit of transparency and to avoid confus ion and misinforma t ion . As we receive more accurate informat ion, we wil l reach out to you again. We recognize that our communities wil l have questions, and we are committed to keeping this communication open . Thank you for your commitment as we ll. Best regards, DHS-17-0303-B-000067 BW13 FOIA CBP 000067 (b) (6), (b) (7)(C) From: (b) (6), (b) (7)(C) Sent: Saturday, March 18, 2017 6:50 PM To: (b) (6) Subject: RE: 3/9/17 - Meeting Chief (b) (6), (b) (7)(C) , U.S. Border Patrol Adding Mr. - Thank you (b) (6), (b) (7)(C - (b) (6) to this email group. He is President of the Tijuana Business Council. From: (b) (6), (b) (7)(C) Sent: Saturday, March 18, 2017 6:03:00 PM (b) (6) To: Subject: RE: 3/9/17 - Meeting Chief (b) (6), (b) (7)(C) , U.S. Border Patrol Good evening all, You may have heard already, but CBP Headquarters released information last evening that prototypes for a border wall are in fact going to be constructed here in San Diego. The site has not been released yet, but I wanted you to know as soon as possible. We are getting ourselves ready for a lot of interest, so please bare with us, as we strive to ensure accurate information is released. You are welcome to contact me with any questions you may have. Unfortunately, I don't have a lot of answers right now. Monday morning, we will be able to get a better handle on what is ahead for this region. As always, thank you for your partnership. I appreciate you working with us as we try to keep our communities informed and safe. Best regards, (b) (6), (b) (7)(C) (A)ACPA San Diego Sector (b) (6), (b) (7)(C) From: (b) (6), (b) (7)(C) Sent: Wednesday, March 15, 2017 1:04:09 PM (b) (6) To: Subject: RE: 3/9/17 - Meeting Chief (b) (6), (b) (7)(C) , U.S. Border Patrol DHS-17-0303-B-000068 BW13 FOIA CBP 000068 Good afternoo n all, We wanted to prov ide you w it h the link to the webs ite w here you can track t he stat us of construct ion bids. This is not the place w here you w ill find any defin it ive decisio ns; however, it is an ope n-source site th at provides an opportun ity to watc h t he progress of solicit ing contr acts about possible constructio n. Also, attac hed is a scan of t he latest update . W hen you go to t he website below, it should show you t he most recent status update . The direct lin k to t he webpage is https://www.fbo .gov/? s=oppo rtu nity&mode =fo rm&id =522a 7f e7a47b35 1a71a22ba5 1273b5fa&ta b=core& cview =1 I hope yo u fi nd th is helpf ul. Please know t hat we w ill continue to push informat ion out to you w henever possible. As always, please don't hesit ate to reach out to me. Regards, From:(b) (6), (b) (7)(C) Sent: Thursday, Marc h 09, 2017 4:05 PM To: (b) (6) Subject: 3/9/17 - Meet ing Chief (b) (6), (b) (7)(C) , U.S. Border Patrol All, On behalf of Chief Patrol Agent (b) (6), (b) (7)(C) , th ank you fo r yo ur atte ndance in the meet ing o n Thursday, March 9, 2017. As we discussed in t he meeting , it is impo rtant we maintain t his open d ialogue, so we can speak as o ne vo ice to the commun it ies we all serve. I w ill be yo ur pri mary point of cont act for San Diego Sect o r, and I welcome your input as we move fo rward w it h discussions about bo rder security in the San Diego/T ijuan a region. pulse on w hat is happen ing in our various commun it ies. I was unable to get the email cont act info rmation fr om the fo llowing two atte ndees. I will try to DHS-17-0303-B-000069 BW 13 FOIA CB P 000069 track that dow n, but if you happen to have it , wo uld yo u please forward to me? o o (b)( 6) , Director of Federal Government Affairs, County of San Diego (b)( 6) , Director of Binational Affa irs, County of San Diego Others in atte ndance (included on th is email) were: (b)( 6) , Consul General, U.S. Embassy and Consulate, Tijua na, B.C., MX (b) (6) , Consul General of Mex ico, San Diego, CA, USA (b) (6) , Dep uty Consul General, Consulate General of Mexico , San Diego, CA, USA (b) (6) , Director of Binat ional Affairs , City of Tijuana (b)( 6) ., Director of Commun ications for County SupervisorltDIGJ) , County o o o o o of San Diego We look forward to meeting wit h you again . Please let me know of any quest io ns or concerns you may have . Respectfu Ily, DHS-17-0303-B-000070 BW 13 FOIA CBP 000070 From: To: Subject: Date: (b) (6) RE: San Diego Sector, fence prototypes being considered Wednesday, April OS, 2017 1:37 :49 PM I have asked my med ia in SD and HQ to pass this along to the right Border Patro l folks for coordination (b) (6) From: Sent: Wed nesday, April 05, 201711 :26 AM (b) (6), (b) (7)(C) To: Subject: San Diego Sector, fence prototypes being conside red CBP Media Relat io ns and Border Commu nity Lia isonttDm We've been reading in t he local San Diego pape r (and received calls from a reporte r) about fence prototypes being considered near the coast. I have spoken w ith office, who confirmed t hat CBP appears to be contemp lat ing some prototypes being stalled , to assist futu re alte rnatives conside ratio ns for fe nces. oG>JU The last t ime I was wor king w it h CBP in San Diego (on t he 14 mi le bo rder fe nce t hat was installed), I anda&)IGJII. had wo rked with know if they' re still wit h CBPSan Diego. That was rough ly 8 or more years ago, and I do n't I was wonde ring whet her CBP inte nds to coo rdinate w it h us on any proposa ls, and if so, who I might contact to find out any details, if and when they are made pub lic. Thank you fo r your assistance . (b) (6) Manager, Energy, Ocean Resomces and Federal Consistency Division California Coastal Commission 45 Fremont Street, Suite 2000 San Francisco, CA 94105-2219 DHS-17-0303-B-000071 BW13 FOIA CBP 00007 1 Fro m: To : Subj ect: Date : (b) (6) MlfPIW RE: San Diego Sector, fence prototypes being considered Wednesday, April OS, 2017 1:39:4S PM Thanks,MQJIOJII From: Sen~ To:~ (b) (6), (b) (7 )(C) 01710 :38AM Subject: RE: San Diego Sector, fence prototypes being considered I have asked my med ia in SD and HQ to pass this along to the right Border Patro l folks for coordination (b) (6) From: Sent: Wed nesday, April 05, 201711 :26 AM (b) (6), (b) (7)(C) To: Subject: San Diego Sector, fence prototypes being conside red CBP Media Relat io ns and Border Commu nity Liaisonttlm We've been reading in the local San Diego pape r (and received calls from a reporte r) about fence prototypes being considered near the coast. I have spoken w ith office, who confirmed that CBP appears to be contemp lat ing some prototypes being stalled , to assist futu re alte rnatives conside rations for fe nces. The last t ime I was wor king w ith CBP in San Diego (on t he 14 mi le bo rder fence that was installed), I andae)IGJII had wo rked withbJU know if they' re still wit h CBPSan Diego. . That was rough ly 8 or more years ago, and I don't I was wonde ring whet her CBP intends to coo rdinate w ith us on any proposa ls, and if so, who I might contact to find out any details, if and when they are made public. Thank yo u fo r your assistance . (b) (6) Manager, Energy, Ocean Resomces and Federal Consistency Division California Coastal Commission 45 Fremont Street, Suite 2000 San Francisco, CA 94105-2219 DHS-17-0303-B-000072 BW 13 FOIA CBP 000072 From: To: Cc: Subject: Date: (b) (6), (b) (7)(C) (b) (6), (b) (7)(C) (b) (6) (b) (6) "; (b) (6), (b) (7)(C) RE: (b) (7)(E) : Draft Map attached ; (b) (6) " Wednesday, July 05, 2017 4:02:57 PM Hi Team, Now tracking! 1) got it. If interested to support the large print, will inquire on imagery. The current regional acquisition or at least the Fed contract on Digital Globe may help with the new construction. 2) Lt (b) (6) tracking on some of your information requirements and will respond directly. I'll plan to help on SanMAPS. DHS has a Portal-based option (GII) for the full FOUO content but trying to not add another task however it may boil up. 3) (b) (6) we'll need to go through and check GIS layers with your POC, (b) (6) , on accuracy and possibly usability (aka, reviewing the Water Commission areas, etc). Let me know if any issues on this. a. ALSO, is this operation being treated akin to a National Special Security Event with your agency as the Lead Federal Agency? With much appreciation, 1111 (b) (6), (b) (7)( 1111 - - (b) (6) 1111 (b) (6) Geospatial Intelligence San Diego Law Enforcement Coordination Center (b) (6) From: (b) (6) Sent: Wednesday, July 05, 2017 8:56 AM To: (b) (6) Cc: (b) (6) Subject: RE: (b) (7)(E) Hi (b) (6) - >; (b) (6), (b) (7)(C) (b) (6), (b) (7)(C) ; : Draft Map attached (b) (6) > DHS-17-0303-B-000073 BW13 FOIA CBP 000073 Attached are some GIS files that I used for the development of the map I sent out yesterday. Included are the following: o Existing Border Wall lines (with attributes denoting the north & south wall) o Public Viewing Area polygon o Designated Construction Area polygon The ingress and egress areas are just graphics I added to the map. The Fire Agencies data and the Ownership can both be found on SanGIS SDE. I can print out the PDF map I generated as a 4 panel map with dimensions that will be 6' x 8' when the panels are "stitched" together, and will be ideal as a reference for the meeting for July 27th. Are you ok with working on an AGOL instance using SanMAPS for City folks to use and reference during the actual events? Thanks, (b) (6) From: (b) (6) Sent: Wednesday, July 05, 2017 8:17 AM To: (b) (6), (b) (7)(C) Cc: (b) (6) (b) (6), (b) (7)(C) (b) (6) Subject: Re: (b) (7)(E) : Draft Map attached Hi (b) (6) and team, Sounds good! I have the SD Regional GIS Council this morning and will be back in office just after noon. Planning to focus on this immediately once back in office and understood on timeline. Many thanks!, - (b) (6) 1111 Sent from my iPhone On Jul 4, 2017, at 12:38 PM, (b) (6), (b) (7)(C) > wrote: Sir--You and your team hit this out of the park. Thank you very much. We will need a large map (as shown) to be printed approximately 8' x 8' for the Senior Leaders Agency briefing we have scheduled for July 27. DHS-17-0303-B-000074 BW13 FOIA CBP 000074 This will show the interagency challenges we all face ref: different authorities/ jurisdictions. Again...excellent. V/r - (b) (6), (b) (7)(C) (b) (6) From: Sent: Tuesday, July 04, 2017 6:27:35 PM (b) (6) ; (b) (6), (b) (7)(C) To: (b) (6) Cc: (b) (6), (b) (7)(C) ; Subject: (b) (7)(E) : Draft Map attached Greetings all, and Happy 4th of July! Please see the attached map that I think might be helpful for the planning meeting set for July 6th. I openly welcome your comments and suggestions! The "ownership" data that is displayed on the map comes from SanGIS, the City/County GIS data repository. The red shaded polygon areas represent Federal jurisdictions but does not break down specific areas of Border Patrol use. Also displayed is the boundary between the City of San Diego and the areas labeled as "CSA-135" (blue line in master map). CSA-135 denotes those areas covered by CAL FIRE / San Diego County Fire, but also by the San Diego County Sheriff's Office. I will reach out to (LECC GIS Specialist) tomorrow to discuss our GIS (b) (6) data collaboration efforts and the potential development of an ArcGIS Online web map using SanMAPS that (b) (6) had discussed yesterday. I'm not sure of (b) (6) potential involvement with this project but it seems to make sense that she at least be aware of what's going on. I fully expect that my role will be more focused on utilizing the Scout application as directed by Division Chiefs (b) (6) and (b) (6) , especially with our Sacramento folks very likely wishing to monitor the situation closely. Please let me know if you have any questions or recommendations regarding all of this. Thank you, - - -- (b) (6) (b) (6) Research Analyst II (GIS) IMT 5 GIS Specialist Lead CAL FIRE- San Diego Unit Monte Vista Interagency Command Center DHS-17-0303-B-000075 BW13 FOIA CBP 000075 2249 Jamacha Rd. El Cajon, CA 92019 (Ofc (b) (6) (Cel (b) (6) - (b) (6) CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. DHS-17-0303-B-000076 BW13 FOIA CBP 000076 From: To: Cc: Subject: Date: (b) (6), (b) (7)(C) (b) (6) (b) (6) RE: Invitation to Operation (b) (7)(E) Monday, July 10, 2017 9:05:21 PM - Executive Briefing (b) (6) Thank you kindly. v/r (b) (6), (b) (7)(C) From: (b) (6) Sent: Monday, July 10, 2017 4:16 PM To: (b) (6), (b) (7)(C) Cc: (b) (6) Subject: RE: Invitation to Operation (b) (7)(E) - Executive Briefing (b) (6), (b) (7)(C) Thank you for the invitation, I will be there, and on behalf of the County of San Diego, look forward to working with you on a successful execution of this operation. (b) (6), (b) (7)(C) From: Sent: Monday, July 10, 2017 4:13 PM (b) (6) To: Cc: (b) (6), (b) (7)(C) Subject: FW: Invitation to Operation (b) (7)(E) Executive Briefing Deputy (b) (6) Good Evening. My name is (b) (6), (b) (7)(C) and I am the lead representative for the Unified Command with planning oversite and coordination for Operation (b) (7)(E) on behalf of all the strategic partners. I (b) (6) received your information from Attached is a quick presentation we provided to the State Office of Emergency Service for visibility on Operation (b) (7)(E) . On behalf of Chief (b) (6), (b) (7)(C) , San Diego Sector U.S. Border Patrol, please accept the invitation below to attend the San Diego Senior Leaders Brief on 1111 1111 July 27th should your schedule allow. Thank you in advance, v/r - (b) (6), (b) (7)(C) DHS-17-0303-B-000077 BW13 FOIA CBP 000077 (b) (6), (b) (7)(C) Agent In Charge Strategic Planning Division U.S. Border Patrol Headquarters San Diego, CA U.S. Customs and Border Protection Department of Homeland Security (b) (6), (b) (7)(C) From: (b) (6), (b) (7)(C) On Behalf Of (b) (6), (b) (7)(C) Sent: Monday, July 10, 2017 8:32 AM To: (b) (6) Subject: Invitation to Operation (b) (7)(E) Executive Briefing Save the Date Who: San Diego Area Executives and Commanders When: July 27, 2017 at 11:30 a.m. Where: Qualcomm Stadium Conference Area What: Meeting for Executives and Commanders to be briefed on and modify/approve "Operation (b) (7)(E) Background: Planning and preparation for border area events regarding the construction of prototype "Border Wall" and the replacement of Border Infrastructure System fencing are expected (b) (7)(E) DHS-17-0303-B-000078 BW13 FOIA CBP 000078 (b) (7)(E) This meeting will include a briefing on "Operation (b) (7)(E) ," informational exchanges and discussion between agency heads/executives to assure familiarity with the situation and the plan, concurrence amongst the partners regarding the procedures that will be followed and address concerns particular to any agency/entity. It is essential that all partners are unified with regards to decision making protocols, operational processes and communication aspects, to ensure that the agencies of San Diego are well represented and successful in addressing any potentia (b) (7)(E) related to the border area events. (b) (7)(E) Please contact USBP's Lead Planner for Operation (b) (7)(E) PAIC (b) (6), (b) (7)(C) , at if you have any questions. (b) (6), (b) (7)(C) Respectfully, - (b) (6), (b) (7)(C) Chief Patrol Agent San Diego Sector United States Border Patrol DHS-17-0303-B-000079 BW13 FOIA CBP 000079 From: To : Cc: Subj ect : Date : Atta chment s : (b) (6), (b) (7 )(C) (b ) (6) MUMM Operation rmJpm1 Executive Briefing FW: Invitation to Monday, J uly 10, 2017 7: 12:32 PM (b) (7)( E ) Deputylll Good Evening. My name is (b) (6). (b) (7)(C) and I am t he lead rep resent ati ve for t he Unified Comma nd wit h planning ove rsit e and coo rdinat io n for Operat io n (b) (7)(E) on behalf of all t he st rategic partne rs. I received you r info rmatio n fromlll Attac hed is a qu ick presentat io n we prov ided t o t he State Off ice of Emergency Service fo r visibility o n Operat ion (b) (7)(E) On behalf of Chief (b) (6). (b) (7)(C) , San Diego Sector U.S. Border Patro l, please accept th e invit at ion below t o atte nd t he San Diego Senior Leaders Brief on July 27t h shou ld you r schedu le allow. Thank yo u in advance, Agent In Charge St rategic Pla nning Division U.S. Borde r Patro l Headquarte rs San Diego, CA U.S. Customs and Border Protectio n Departme nt of Homela nd Security (b) (6), (b) (7)(C) From: (b) (6), (b) (7)(C) On Behalf Of (b) (6), (b) (7)(C) Sent: Mo nday, July 10, 2017 8:32 AM To: (b) (6) DHS-17-0303-B-000080 BW13 FOIA CBP 000080 (b) (6) Cc: (b) (6) Subject: Invitation to Operation (b) (7)(E) Executive Briefing Save the Date Who: San Diego Area Executives and Commanders When: July 27, 2017 at 11:30 a.m. Where: Qualcomm Stadium Conference Area What: Meeting for Executives and Commanders to be briefed on and modify/approve "Operation (b) (7)(E) Background: Planning and preparation for border area events regarding the construction of prototype "Border Wall" and the replacement of Border Infrastructure System fencing are expected (b) (7)(E) This meeting will include a briefing on "Operation (b) (7)(E) ," informational exchanges and discussion between agency heads/executives to assure familiarity with the situation and the plan, concurrence amongst the partners regarding the procedures that will be followed and address concerns particular to any agency/entity. It is essential that all partners are unified with regards to decision making protocols, operational processes and communication aspects, to ensure that the agencies of San Diego are well represented and successful in addressing any potential (b) (7)(E) related to the border area events. (b) (7)(E) Please contact USBP's Lead Planner for Operation (b) (7)(E) , PAIC (b) (6), (b) (7)(C) , at if you have any questions. (b) (6), (b) (7)(C) Respectfully, - (b) (6), (b) (7)(C) Chief Patrol Agent San Diego Sector United States Border Patrol DHS-17-0303-B-000081 BW13 FOIA CBP 000081 From: To: Cc: Subject: Date: (b) (6) (b) (6), (b) (7)(C) Crawford, Holly RE: Invitation to Operation (b) (7)(E) Monday, July 10, 2017 7:16:40 PM - Executive Briefing (b) (6), (b) (7)(C) Thank you for the invitation, I will be there, and on behalf of the County of San Diego, look forward to working with you on a successful execution of this operation. (b) (6), (b) (7)(C) From: Sent: Monday, July 10, 2017 4:13 PM (b) (6) To: (b) (6) Cc: Subject: FW: Invitation to Operation (b) (7)(E) Executive Briefing Deputy (b) (6) Good Evening. My name is (b) (6), (b) (7)(C) and I am the lead representative for the Unified Command with planning on behalf of all the strategic partners. I oversite and coordination for Operation (b) (7)(E) received your information from (b) (6) Attached is a quick presentation we provided to the State Office of Emergency Service for visibility . on Operation (b) (7)(E) On behalf of Chief (b) (6), (b) (7)(C) , San Diego Sector U.S. Border Patrol, please accept the invitation below to attend the San Diego Senior Leaders Brief on 1111 1111 July 27th should your schedule allow. Thank you in advance, v/r - (b) (6), (b) (7)(C) Agent In Charge Strategic Planning Division U.S. Border Patrol Headquarters San Diego, CA U.S. Customs and Border Protection Department of Homeland Security (b) (6), (b) (7)(C) DHS-17-0303-B-000082 BW13 FOIA CBP 000082 From: (b) (6), (b) (7)(C) On Behalf Of (b) (6), (b) (7)(C) Sent: Monday, July 10, 2017 8:32 AM To: (b) (6) Cc: (b) (6), (b) (7)(C) Subject: Invitation to Operation (b) (7)(E) Executive Briefing Save the Date Who: San Diego Area Executives and Commanders When: July 27, 2017 at 11:30 a.m. Where: Qualcomm Stadium Conference Area What: Meeting for Executives and Commanders to be briefed on and modify/approve "Operation (b) (7)(E) Background: Planning and preparation for border area events regarding the construction of prototype "Border Wall" and the replacement of Border Infrastructure System fencing are expected (b) (7)(E) This meeting will include a briefing on "Operation (b) (7)(E) ," informational exchanges and discussion between agency heads/executives to assure familiarity with the situation and the plan, concurrence amongst the partners regarding the procedures that will be followed and address concerns particular to any agency/entity. It is essential that all partners are unified with regards to decision making protocols, operational processes and communication aspects, to ensure that the agencies of San Diego are well represented and successful in addressing any potential (b) (7)(E) related to the border area events. (b) (7)(E) - DHS-17-0303-B-000083 BW13 FOIA CBP 000083 Please contact USBP's Lead Planner for Operation (b) (7)(E) if you have any questions. (b) (6), (b) (7)(C) Respectfully, , PAIC (b) (6), (b) (7)(C) , at (b) (6), (b) (7)(C) Chief Patrol Agent San Diego Sector United States Border Patrol DHS-17-0303-B-000084 BW13 FOIA CBP 000084 From: To: Subject: Date: Attachments: - (b) (6) FW: CBP Introduction Monday, July 10, 2017 6:57:23 PM (b) (7)(E) Executive Brief as of 062817.pdf Operation (b) (6) May this find you well. I am forwarding what was sent to the State OES by our Intergovernmental Public Liaison Office in D.C.; it may answer a few questions. Also, I will be introducing myself to(b) (6) in an email and will cc' you and forward him the invitation for July 27. I didn't' see his name on the invitation that came from our Chief's Executive Secretary. I am still tracking for that site tour this Friday, 0845. v/r - (b) (6) Cell (b) (6) From: (b) (6) Sent: Wednesday, June 28, 2017 10:17 AM To: (b) (6) Cc: (b) (6) > Subject: CBP Introduction Good Afternoon-- (b)(6);(b)(7)(C) Agent in Charge passed along your contact information. I wanted to take this opportunity to introduce myself and my office to you. CBP Intergovernmental Public Liaison is based in Washington, DC and serves as CBP's liaison to state, local, tribal, and territorial governments and nongovernmental organizations. If we can be of any assistance to you while working with CBP on Operation (b) (7)(E) , please do not hesitate to contact us. Attached is the executive brief for (b) (7)(E) . We hope to see you at the next meeting. Regards, -(b) (6) - 1111 - (b) (6) Deputy Executive Director Intergovernmental Public Liaison Customs and Border Protection Department of Homeland Security DHS-17-0303-B-000085 BW13 FOIA CBP 000085 DHS-17-0303-B-000086 BW13 FOIA CBP 000086 San Diego Operation (b) (7)(E) Recipient: California Office of Emergency Services - Law Enforcement Branch UNCLASSIFIED - FOUO - Law Enforcement Sensitive June 28, 2017 U.S. Customs and Border Protection UNCLASSIFIED - FOUO - LAW ENFORCEMENT SENSITIVE DHS-17-0303-B-000087 BW13 FOIA CBP 000087 Challenge: Border Wall Prototype Construction Public Opinion/Response Mitigation Response: San Diego Operation (b) (7)(E) U.S. Customs and Border Protection UNCLASSIFIED - FOUO - LAW ENFORCEMENT SENSITIVE DHS-17-0303-B-000088 BW13 FOIA CBP 000088 Background/Landscape Presidential ExecutiveOrder o Executive Order 13767 directs CBP to "construct a physical wa ll or simi larly contiguous and impassable physical barrier" in the vicinity of the U.S. border with Mexico o CBPis leveraging years of USBP institutional and operational know ledge and the U.S. Army Corps of Engineers' (USACE)border infrastructure construction subject matter expertise to execute the EO's policy SDCO @natiom Border Wall Prototype o CBP is soliciting industry input for conceptual wall design(s) o Primary purpose is to develop design standards for a border wall that may be constructed along the southwest border in support of USBPoperational requirements (b) (?)(E) (b) (?)(E) o Any and all prototypes wil l be designed to deter il legal entry o Currently, CBPdoes not have funding to construct border wa ll operational requirements U.S. Customs and Border Protection UNCLASSIFIED- FOUO - LAW ENFORCEMENTSENSITIVE DHS-17-0303-B-000089 BW13 FOIA CBP 000089 San Diego Operation (b) .- - . - oo - - - :- - -- (b)(7)( E) (b) (7)(E) o Coordinat ing efforts to enhance CBP legal authority (7)(E) o TTX was hosted by USBPSCD& med iated by the (b) (6) OHS Principa l Directo r of Policy (b) (7)(E) o USBPSOCto lead on overa ll coord inat ion of planning efforts per Strategic Partners request o Event Act ion Plan using th ~ fo r~ o After action report in progress oJuly 27 - Execut ives and Commander mod ify/approve "OperatiorODIUBIIIII " June 15 Table Top Exercise(TTX) U.S. Customs and Border Protection UNCLASSIFIED- FOUO - LAW ENFORCEMENTSENSITIVE (b) (6)~ (7)(C) Corasider.at io ras- DHS-17-0303-B-000090 BW 13 FOIA CBP 000090 Joint Law Enforcement Tabletop Exercise (b) (7)(E) DHS-17-0303-B-000091 UNCLASSIFIED- FOUO - LAW ENFORCEMENTSENSITIVE BW 13 FOIA CBP 00009 1 From: To: Cc: Subject: Date: Attachments: (b) (6), (b) (7)(C) (b) (6) (b) (6), (b) (7)(C) DHS Waiver Tuesday, August 01, 2017 10:16:37 AM San Diego Waiver Press Release July 2017 (b) (6) edits.docx o Ladies and Gentleman, Please see the attached Waiver information/talking point for the press release that should be coming out today. In a nutshell, The Department of Homeland Security has acquired an environmental waiver in order to move forward with the construction of the wall prototypes, as well as replacement fencing. The U.S. Government has acquired environmental waivers in the past in order to accomplish improvements with the border infrastructure system. The waiver is intended to cover construction projects associated with 14 miles of primary fence replacement in San Diego Sector, 14 miles of secondary fence replacement in the same location to establish an enforcement zone, and wall prototypes located at the east end of the secondary fence to be replaced. Both the primary fence replacement and the prototype construction are being carried out with funding already provided by Congress. The funding for secondary fence replacement is included in the DHS Fiscal Year 2018 budget request. I will keep you posted as I get additional information.. Thank You, (b) (6), (b) (7)(C) Patrol Agent In Charge Special Operations Detachment San Diego Sector (b) (6), (b) (7)(C) DHS-17-0303-B-000092 BW13 FOIA CBP 000092 OHS SECRETARY SIGNS WAIVER FOR BORDERCONSTRUCTIONPROJECTSIN SAN DIEGO WASHINGTON- Secretary of Home land Secur ity John Kelly signed a wa iver July 26 to waive ce rtai n laws, regulations and other legal req uirements to ensure the expeditious constructio n of bar rie rs and roads in the vicinity of the internatio na l border near San Diego . This waiver is pursua nt to author ity granted to the Secretary of Homela nd Security by Congress and covers a var iety of env ironmen tal , nat ural resource, and land management laws. The waiver covers certain borde r infrastructure projects in the United States Border Patrol's San Diego Sector, one of th e bus iest Sectors in the natio n. In fisca l year 2016 alone, the United States Border Patrol apprehended ove r 31,000 illegal aliens and se ized approx imately 9,167 poun ds of marijuana and approx imatel y 1,317 pounds of cocaine in the San Diego Sector . The San Diego Sector remai ns an area of high illegal entry for which t he re is an immediate need to improve current infrastructure and construct additional borde r ba rr ie rs and roads . To beg in to meet the need for add itiona l bo rder infrastructure within the San Diego Sector, OHSwill implement various borde r infrastructu re projec ts . These projects will focus on an approximate ly 15-mile segment of the borde r within t he San Diego Sector that sta rts at t he Pacific Ocean and extends eastwar d, to approx imatel y one mile east of what is known as Border Monument 251. Congress prov ided the Secretary of Homeland Security with a num ber of author ities necessary to carry out DHS's border security mission. One of the se authorities is fo un d at section 102 of the Illegal Immigratio n Reform and Immigra nt Responsib ility Act of 1996, as amended ("IIRIRA"). Section 102(a) of IIRIRA provide s that th e Secretary of Home land Security shall take such actions as may be necessary to install add itiona l physical barrie rs and roa ds in the vicinity of t he United States bor der to deter illegal cross ings in areas of high illegal entry into th e Unite d States . In section 102(b) of IIRIRA, Congress has called for t he installation of add it iona l fenci ng, barriers, roads, light ing, came ras, and sensors on t he southwest border . Fina lly, in sectio n 102(c) of IIRIRA,Congress granted to the Secretary of Home land Security the authority to waive all legal requirements that t he Secretary, in his sole discretion, determ ines neces sary to ensure th e expeditious cons tru ctio n of t he ba rriers and road s authorized by section 102 of IIRIRA. The Department of Homeland Security contin ues to implement President Trump's Execut ive Order 13767 - also known as Border Security and Imm igrat ion Enforcement Imp rovements - and continues to take steps to imme diately plan, desig n and const ruct a physical wall along the southern bo rder, using appropriate mate rials and technology to most effect ively ach ieve comp lete operational control of th e southern borde { (b) (5) I I I The Department has exer cise d the waiver authority in Sect ion 102 of IIRIRAon five previous occas ions from 2005 to 2008 . DHS-17-0303-B-000093 BW13 FOIA CBP 000093 More information about the waiver is available in the Federal Register (HYPERLINK). DHS-17-0303-B-000094 BW13 FOIA CBP 000094 From: To: Cc: Subject: Date: Thank you (b) (6) (b) (6), (b) (7)(C) (b) (6) RE: Border Wall update Monday, March 20, 2017 6:46:59 PM (b) (6), (b) (7 - we certainly appreciate the updated information, (b) (6) (b) (6), (b) (7)(C) From: Sent: Monday, March 20, 2017 10:45 AM To: (b) (6) Subject: Border Wall update All: As discussed during the last Second's meeting, I'm updating you on the confirmation that the border Wall prototype will be built here in San Diego. An announcement was released Friday evening (see attachment) announcing the request for proposals to build the Wall prototypes (see link). Contained within the link is information related to the Wall requirements and the location of the prototype building location. Weekend media coverage was relatively low key. There are no indications that public consternation exists at this stage. Nonetheless, over the next few weeks and possibly months I may be reaching out to you for guidance and assistance. As more information is made available I will keep you posted. Thanks (b) (6), (b) (7)(C) https://www.fbo.gov/spg/DHS/USCS/FPSB/HSBP1017R0022/listing.html DHS-17-0303-B-000095 BW13 FOIA CBP 000095 From: To: (b) (6), (b) (7)(C) (b) (6), (b) (7)(C) Cc: " Subject: Date: Attachments: Follow up: French TV Drone operations in RGV April 4-5 Monday, April 03, 2017 2:27:28 PM zNOTAMS.PDF (b) (6) - NON-RESPONSIVE FOLLOW UP! Refer to the attached NOTAM. From: (b) (6) Sent: Sunday, April 02, 2017 8:43 PM To: (b) (6), (b) (7)(C) Subject: Re: Documentary Aerial Filming - April 4-5, 2017 - (b) (6), (b) (7)(C) Location 1: Border Wall location has changed. New location attached. NOTAMS are also attached. (b) (7)(E) Location 2: Same. (b) (7)(E) . NOTAMS attached. DHS-17-0303-B-000096 BW13 FOIA CBP 000096 (b) (7)(E) From: (b) (6), (b) (7)(C) Sent: Thursday, March 30, 2017 7:48 AM To: (b) (6), (b) (7)(C) Cc: (b) (6) Subject: French TV Drone operations in RGV April 4-5 DHS-17-0303-B-000097 BW13 FOIA CBP 000097 AVIATION SAFETY! Good morning to all. Refer to the e-ma il t rail below for an AVIATION SAFETY info rmat ion . French TV dro nes in RGVAp ril 4-5. V/R 1111 (b) (6 ), (b) (7)(C) DHS/ CBP/ AMO McAllenAir and Marine Branch 2601 Hangar Lane 32A McAllen, Texas 78503 (b) (6), (b) (7)(C) From: (b) (6) Sent: Tuesday, Mar ch 28, 2017 1:48 PM To: Cc: (b) (6), (b) (7)(C) (b) (6) > > Subject: Documentary Aer ial Film ing -Apr il 4-5, 2017 - I'm a retired Air Force pilot who owns an aerial filming company (www .skylinkae rial.com) in San Antonio, Texas. We are FAA approved to conduct UAS (drone) flights for filming . On April 4-5 2017 , I will be working with an French TV outlet (http://www.france2.fr D who's fibni..,, entary on immi .ation. I will be roviding aerial footage along 1heborder, near o , and th e . This is where I'll need your assistance coor matmg with US Customs . I will be aITiving in Harlingen around 1-2pm on April 4th . p'4!, Texas . Time: Late Evening (sunset) on April 4th . Early AM on April Location 1: 5th . Aerial 3/4 \ age% the metal wall. I would like to know the best location for this. Is it possible to have a border patrol vehicle patroll ing the wall in a few shots? DHS-17-0303-B-000098 BW13 FOIA CBP 000098 Location 2: (b) (7)(E) . Time: Late morning on April 5th. Aerial footage, flying from the south towards the checkpoint. Flyover of the checkpoint. - Location 3 and 4: (b) (7)(E) Texas. Already coordinated with local sheriff's office. No assistance required. Let me know if you have any questions. I'm looking forward to working with you! DHS-17-0303-B-000099 BW13 FOIA CBP 000099 PilotWeb:Results Page 4/2/2017 0 Federal Aviation Administration Mon, 03 Apr 2017 01:21:42 Selected NOTAMs The following NOTAM list was selected by the user from a previous reque st. This list may not reflect all active NOTAMs for any of the below locations . Data Current as of : Mon, 03 Apr 2017 01:16:00 UTC Number of NOTAMs selected: 6 End of Report DHS-17-0303-B-000100 BW13 FOIA CBP 000 100 (b) (7)(E) 1/1