UNCLASSIF OR OFFICIAL USE ONLY OFFICE OF THE SECRETARY OF DEFENSE 1000 DEFENSE PENTAGON WASHINGTON. D.C. 20301-1000 S/loll?l MEMORANDUM FOR EXECUTIVE SECRETARY, DEPARTMENT OF HOMELAND SECURITY SUBJECT: Department of Defense Support to the Department of Homeland Security to Enhance Security at the US. Southern Border Thank you for your recent memorandums requesting Department of Defense (DOD) support to enhance security at the US. Southern Border. The Acting Secretary of Defense has reviewed your requests and has approved the following support: 0 The use of additional ground support and aviation resources to support Customs and Border Protection (CBP) Operation Guardian Support (OGS) requirements. Title 10 personnel are barred from undertaking civilian law enforcement functions, consistent with the Posse Comitatus Act and section 275 of title 10. US. Code. All previously stated restrictions governing the employment of DOD personnel in support of CBP OGS remain. a An increase in the number of personnel previously approved to operate mobile surveillance camera vehicles from 146 to 155. All other caveats of the position description included in the previous RF A, approved January 11. 2019, remain in effect. 0 Loaning on-hand DOD soft-sided tents to Immigrations and Customs Enforcement (ICE) (ICE will be responsible for the costs of transporting the tents to the site, maintaining the tents, and returning the tents to their original condition); and erecting the loaned soft-sided tents on land obtained, secured. and prepared by ICE. ICE is responsible for any environmental compliance requirements. This support will be provided on a non-reimbursable basis to the greatest extent legally permissible, through September 30, 2019. DOD is able to provide additional detention facility support such as wrap-around services, land site?preparation, and other construction fencing) on a reimbursable basis with a valid Economy Act order. if DHS has the necessary authority to use its funds for those activities it orders from DOD pursuant to the Economy Act. Hallock N. CAPT. USN Executive Secretary OFFICIAL USE ONLY OFFICIAL USE ONLY ACTIOV 1 WK 5147M 2019 FOR: ACTING SECRETARY OF 4 FROM Kennerer ll meland Defense Global 5 Secunly Ac|lng Apprm'ull rlfBordcr Security Support to of Homeland Sccunly PURPOSE 'l his mumu wlIl doeumenr your decleluns to approve Dcpanmcni ofHomeland Securin (DHS) requests Suppm'l "(Customs and Proreerien's (CBP's) Operation Guardlan Supporl 2) addlilonal personnel lo epeme mubllc camera (MSC) and i) provide lirnned merrily supnon COORDINATION: PUIICV Courdlnamd ihls memo Wilh OGC and BLUF: Approving ihe below and resmnee rnenur (TAB A) ml] respond to DHS's requests to cnhancc border sccurllye doeumenr your deersrons. and direct the Julnt Stafflo souree me DISCUSSION: - On May I, 20w. you verbally approved DHS requests to hackfill requirements in suppon 00$. '0 provide military pcmonnel to staffninc additional MSC vehicles. and to provide limited dercnlion facility support. 005 . Aprll 7, 201K DOD has sourced supperr for 003 mm Nallnnal Guard personnel. many volunteered and who ordered by tho Govcmors 2n pcrfuml duly under 32 (1 502m . Due a whonr'all in volunreer Vaimna] Guard nor) has unulrle to source all rdenul'red by for rhe of fiscal year (FY) 2019 - US. Nonhcm ['nmmand assessed the ldcnuficd by the Nallonal Guard Bureau (NOB) and dcremunod that approximately 900 miliiag personnel and mammarer 14 alrerafi to conduct aerial detection and monitoring would be necessarv lu fulfill these validated CBP regulremenr (TAB B) OFFICIAL USE ONLY OFFICIAL USE ONLY MSCS On January ll, 2019, you approved the employment rifDoD personnel to operate l46 MSC vehicles across 9 Border Patrol Sectors in the 4 southwestern States (TAB C). Support will be provided on a to the greatest extent legally permissible. Including pursuant to Chapter 15 ofTitle 10, U.S. Code, and Seetlnn 1059 nflhe National Defense Authorization Act for Fiscal Year 2016 (PL 1 him). To the extent that USNORTHCOM is determining whether or not the additional MSCs can be staffed with personnel already deployed in support ofthis mission. lfodditional personnel are required USNORTHCOM will submit a request for forces to the Joint Staff. Detention Facilities On May 9, 2019, DHS made a request to to erect shelters at the locations listed below for the housmg and care m'a minimum of 7,500 total single adult aliens. on a basis (TAB E). Tumillo, Texas, 2,500 bed spaces; lionna, Texas, 2,000 hed spaces; Laredo, Texas, 1000 bed spaces; Del Rio. Texas, 500 bed spaces; Tucson, Arizona 1.000 bed spaces; and Yuma, Arizona, 500 bed spaces. Under Chapter 15 ofTitle 10, US. Code. DOD may make available any Oil-hand equipment (eg tents), to any Federal, State, or local civilian law enforcement official for law purposes. DHS would be responsible for the cost of commercial transportatian and to maintain and More or ruplace unis to their oris'mnl condition. The Military Departmenls' previous messment offlie tasks associated with establishing and providing support services for a detention facility have determined that erecting ii the only task that is suhstann'ally equivalent to military operations or training that would allow reimbursement to be waived pursuant to Section 277(c) chitle 10. US. Code. For to erect the tentst DHs must have secured access to prepared land. may not conduct site preparation (cg. clearing. grading, and road establishment) or construction te.g., fencing) unless pursuant to a valid Economy Act order. ICE must also have the necessary authority to use its funds for those Dot) construction activities it obtains pursuant to the Economy Act. USNORTHCOM will conduct site surveys with ICE pcrsurmcl to assess the suitability of proposed building sites. OFFICIAL USE ONLY 2 OFFICIAL USE ONLY Di [S's request to loan Lug (in-hand Dot) edb I .r mentforthissurtto mint 'onZ 7c ofTitl 10 US. oder . On May ll. 2019. you \erbal You also agreed to contract for wrap-around services for the detention facilities mm mm. DHS would need to submit a new murmur: request for to provide this suppmt. I [)llS remain for the detention (If migrantsr but DHS will cuntittuc to pursue a Govemtlr's consent to use his or her Naliunal Guard personnel for detention activities. 7 Should a Gm enter consent to the use ofhis or her National Guard personnel for dclenlion activtties. IS would submit a nevi. request pursuant to Economy Act. which DOD could fulfill. wilh the Gmernor's consent. under 32 U.S.C. 5020]. and you could waive reimbursement for that supporl under 10 Last, 277m. thou determine. based on recommendations of the Secretaries ol'the Departments consented. that providing support \\uuld result in a benefit [0 those National Guard personnel that is substantiall) equivalent to that \thich would otherwise be obtained from militur) operations or xecutive Disappro 7 MAY 17 am RECOMMENDATION 2 (MSC a) 5mm; an him in my sumn to cars 'vcreimbulsement mm to tits 9. 1771;} (3) mm: gecutive 5mg to sign the A. Appt'me: Disapprovc: Other: MAY 1 7 2019 RECOMMENDATION 3 (Detention Facilities): (1) Approve the loan of Urn-hand DOD tents and their erectimt on Impaled land idmtified by (2) waive reimbursement to the extent legally permim'ble: (3) dime! the Joint Stafl'tu scum: the tens and the military me] to erect them: and (4) authorize the Executive to sign the response memorandum at TAB Ar MAY 1 7 201! COORDINATION: TAB Attachments. As stated OFFICIAL USE ONLY 3 FOUOILAW ENFORCEMENT SENSITIVE .{Iililao? Advuor [18. Department of Homeland Security Washington, DC 20528 May 3, 2019 MEMORANDUM FOR: Robert G. Salesses Deputy Assistant Secretary, HDI DSCA Department of Defense FROM: Rear Admiral Eric Jones 90m Military Adviser to the Secretary US. Department of Homeland Security SUBJECT: Validation and Modi?cation of Mobile Surveillance Camera (MSC) Support REFERENCE: Request for DOD Support of US. Custom and Border Protection?s (CBP) Border Security Mission, dated December 27, 2018 Overview DOD MSC operator support has proven highly successful. To date, DOD MSC operator support has assisted U.S. Border Patrol (USBP) in the apprehension of 8,429 illegal aliens and seizure of 2,232 pounds of marijuana. Based on the current and evolving border security environment, CBP conducted an internal review and validation of MSC operator requirements originally set forth in reference The results of that review are re?ned MSC requirements as identi?ed in Tab A. There is no change to the overarching MSC mission or caveats. MSC Modi?cations The validated and modi?ed requirements identi?ed in Tab A have been re?ned to re?ect the realized USBP requirements at USBP Stations and to account for ?exible employment of MSC operators at the direction of the supported USBP Stations with varied?shift support needs. While DOD will determine the total number of personnel authorized to support the MSC mission as outlined in Tab A, ?eld level reporting indicates that in some cases the current DOD manning model does not adequately allow for sick days, leave, etc. To account for this shortfall, USBP recommends DOD consider using a 1.5 manning factor for MSC operators. FOUOILAW ENFORCEMENT FOUOILAW ENFORCEMENT SENSITIVE The validated MSC requirement of 155 total MSC vehicles represents an overall increase of nine (9) DOD manned MSC vehicles. USBP requests manning for 24/7 MSC operator coverage (three to four shifts as detailed in Tab A) for 144 MSC vehicles and manning for two-shill coverage (as detailed in Tab A) for ll vehicles. Unless noted, all other provisions of the reference remain unchanged. Enclosure FOUOILAW ENFORCEMENT SENSITIVE Ml mg 17le 1' $524 FOR, ACTING SECRETARY OF DEFENSE FROM: Kenneth P. Rapuano. Secrelary of Defuse. Homeland Defense Global Securin DOD Suppon In Customs and Border Border Securin Mission PURPOSE: Khalil memorandum lo DHS al TAB Al COORDINATION: This was woldlnaled wilh USD OGC and [he Joinl Slaff. mm This requesl for assisrance is in addilinn lo lire suppen previoi) approved by Mauls for CBP's Opel-alian Guardian Suppon (065) and caps Operalian Secure Line response to Ihl: caravana. DISCUSSION: On April 4. 2013, rile President direeleri lire Secretary uf Defense to supporl lire Deparlrnem of Homeland Securily in securing lire suulhcn-l border. and to film mner necesar} aerinns In step lire flow ofdeadly drug: and olner gang. members and mm :nminalsr and illegal aliens inlo Illis eeunln (TAB E) - on December 27. 2018. [ms requesled aridnional not) supporl [0 C), DHS is requcsu'nli deployment 1m u-n' nun 000 personnel manning they: surveillance will enhance siluarinnal awareneg. and enable Bordcr Palm| \0 respond inure cfl'ccfivcly polenrial illicil Inifiic DHS is also requesting the over existing pedeslrian border barriers al localions designaled by in Calilernia and Arizona. Emplacemenl ofaddilional conceninn wire will existing barriers. making lirern more dimcull l0 scalc. mereby providing an opponunily for law enforcemenl petsunnd Io mounl more cn'cclive response - - Lime requirements will be addxumd lsquickly as available fomcsand isms Your mm oflhe Iddilioml suppml by DHS is wiui, Ind in mmplimce wim direction in the Plesidenl's April 4. 2m, Mb]; including IO, U. S. Code, and Secfion1059oflm Nation]! Defense Aulhorimlim Ac! fur Fiscal (EL. H432). To Ill: Cm! 7 Gus CFO videdln will lefinc |his estimate based on Ihe apes-Miami asumplians finalin by die Sh", USNORTHCOM. Ind the Services. a is miewing mums in fund this mission wiui minimal dis-imam In and minimiu oomxm. DI. 7. I'll . Ii fl Momma laced Pis in consulliori wi'h DHS, will POD and Nnional Glun'l - Decisions mguding arming milimry pummel for purposes. and related rules {or the us offome, win he infomicd by mission Defense Suppon ofCivilimi Law Enromanmi Agencies, mgarding pllficipalion by forces in suppml ofci In Inw enforcement has also iequesisd the using a mix ol'mmry-wing, fixed-wing m1 Ivinlion phlfonns (TAB D). UNCLASSIFIEDIFOUO .. The National Guard Bureau (NGB) anticipates additional aviation assets will be available a?er January 2019, upon completion of scheduled aviation maintenance cycles. The Chief, NGB, will RECOMMENDATIONS: and, (3) authorize the Execmive Secretary to si letter at TAB A. Approve: isappmve: Other. A I COORDINATION: TAB Attachments: As stated OFFICE OF THE SECRETARY OF DEFENSE DEFENSE PENTAGON WASHINGTON. D.C. 20301-1000 l/leor?sr MEMORANDUM FOR EXECUTIVE SECRETARY. DEPARTMENT OF HOMELAND SECURITY SUBJECT: Request for Department of Defense Support of US. Customs and Border Protection's Border Security Mission Thank you for your December 27. 2018 letter requesting additional Department of Defense assistance in support of the US. Customs and Border Protection?s (C BP) border security mission. I am responding on behalf of Acting Secretary Shanahan. The Acting Secretary has reviewed and approved your request for mobile surveillance camera operators and engineering support to emplace additional concertina wire at locations where the Department of Homeland Security provides access to personnel and for which the Department of Homeland Security has addressed any environmental compliance requirements. will work with to establish priority locations for sourcing of personnel and equipment. The concertina wire will be of no value to 000 following its emplacement, and so will be left in place. CBP will be responsible for the ?nal disposition of all concertina wire emplaced by BOB. This support is approved on a non-reimbursable basis; to the greatest extent legally possible. through September 30. 2019. The Acting Secretary continues to support your request for aviation assets and hours under the current Operation Guardian Support guidelines. Neither personnel nor National Guard personnel will conduct law enforcement activities, be assigned responsibilities that require direct contact with migrants. or be assigned missions that require them to be armed. Decisions regarding the arming military personnel for self-defense purposes. and related rules for the use of force. will be informed by mission requirements. The Acting Secretary appreciates the opportunity to support the Department of Homeland Security?s mission of securing and managing the Nation?s southern border. Hallock N. Mohl r. CAPT. USN Executive Secretary