State of California et al v. Trump et al

Filing 271

NOTICE Regarding Authorization of Additional Border Barrier Projects Pursuant to 10 U.S.C. § 284 by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson (Attachments: # 1 Declaration Seventh Rapuano Declaration, # 2 Declaration Second Stiglich Declaration)(Warden, Andrew) (Filed on 2/13/2020) Modified on 2/14/2020 (jjbS, COURT STAFF).

EXHIBIT 1

EXHIBIT A

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L S. Department of Homeland Securil~
Washington. DC :.!Cl52X

Homeland
Security
January 14, 2020
MEMORANDUM FOR:

CAPT Oliver Lewis, USN
Executive Secretary
Department of Defense (DoD)

FROM:

. 1 .• ,
Juliana Blackwell (\,, I
Acting Executive S ~
Department of Homeland Security (OHS)

SUBJECT:

Request for Assistance Pursuant to IO U.S.C. § 284

~

I. Overview
As the government department tasked with border security, the Department of Homeland
Security (OHS). through U.S. Customs and Border Protection (CBP), is requesting that the
Department of Defense (DoD) assist OHS in its efforts to secure the southern border. The
Acting Secretary has directed me to transmit this request for assistance to your attention.
In Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as
amended (IIRIRA). 8 .S.C. § 1103 note, Congress has directed DHS to construct border
infrastructure in areas of high illegal entry to deter illegal crossing of both drugs and people into
the United States. Pursuant to Section l 02, OHS has identified the areas set forth in Section II
below as areas of high illegal entry where CBP must take action (the Project Areas).
Within the Project Areas, OHS is experiencing large numbers of individuals and narcotics being
smuggled into the country illegally. The Project Areas are also used by individuals, groups, and
transnational criminal organizations (TCOs) as drug smuggling corridors. Mexican Cartels
remain dominant in these areas, influencing and controlling narcotics and human smuggling
operations, within their respective strongholds.
OHS must use its authority under Section I 02 of IIRJRA to install additional physical barriers
and roads in the vicinity of the United States border in order to deter and prevent illegal
crossings within the Project Areas. The construction of border infrastructure within the Project
Areas will support DHS·s ability to impede and deny illegal entry and drug smuggling activities
within the Project Areas.
The Project Areas identified below are adjacent to some of the most densely populated
metropolitan areas of Mexico and are also home to some of the strongest and most violent drug
cartels in the world. Deterring and preventing illegal cross-border activity will help stem the

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w,

I1111 HII HI 111111
OSD000472-20/CMD000540-20

Subject: Request for Assistance Pursuant to IO U.S.C. § 284
Page 2
flow of illegal narcotics and entries in these areas. Similarly, the improved ability to impede,
deny. and be mobile within the Project Areas creates a safer operational environment for law
enforcement.
To support DHS' s action under Section 102 of IIRIRA, OHS is requesting that DoD, pursuant to
its authority under 10 U .S.C. § 284(b)(7), assist with the construction of fences and roads and the
installation of lighting within the Project Areas to block drug-smuggling corridors across the
international boundary between the United States and Mexico.

II. Capabilities Requested
Within the Project Areas, OHS lacks pedestrian fencing to slow or stop pedestrian and vehicle
traffic from illegally entering the United States or there is existing vehicle fence and dilapidated
pedestrian fencing that no longer meet CBP's operational needs. Vehicle fencing is intended to
stop vehicles from illegally entering the United States, but can be climbed over or under by
individuals. Pedestrian fencing is intended to prevent and deter individuals and vehicles from
iJlegally crossing into the United States.
OHS requests that DoO assist in the execution of projects, within the Project Areas set forth
below, to: (I) construct new pedestrian fencing or replace existing vehicle barriers or dilapidated
pedestrian fencing with new pedestrian fencing; (2) construct roads; and (3) install lighting.
The new pedestrian fencing includes Linear Ground Detection System (LGDS), which consists
of two fiber optic cables, laser interrogator, server, and Command and Control (C2) display. The
LGDS is intended to, among other functions, alert Border Patrol agents when individuals attempt
to damage destroy or otherwise harm the fencing. The road construction includes the
construction of new roads and the improvement of existing roads. The lighting that is requested
has an imbedded camera that works in conjunction with the pedestrian fence. Camera coverage
must provide complete visibility of the fencing and roads, including within washes, bends, and
other obstructions and must be triggered by any activation of the LGDS to, again, maximize
Border Patrol agents' ability to detect, identify and respond when individuals try to damage,
destroy or otherwise harm the fencing. The lighting must be supported by grid power.
The segments of fence within the Project Areas identified below are situated on federal property
for which OHS can grant DoO access for purposes of construction DHS will be responsible for
securing the necessary interest in real property, to the extent required, for project execution such
as access to the project site. In the event a real estate interest or instrument that is needed for
project execution cannot be obtained for a segment of fence within a Project Area in a time
frame that is within the requirements of this request for assistance, the segment may be
withdrawn from this request. In addition, DHS will be responsible for any applicable
environmental planning and compliance to include stakeholder outreach and consultation
associated with the projects.

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Project Areas
II.A. San Diego Sector

Within the U.S. Border Patrol San Diego Sector (San Diego Sector), OHS is requesting that DoD
assist by undertaking road construction, by constructing approximately three miles of new
pedestrian fencing, by replacing approximately 14 miles of dilapidated pedestrian fencing with
new pedestrian fencing, and by installing lighting in the specific locations identified below.
The Project Areas within the San Diego Sector identified below are located in San Diego
County, California. San Diego County has been identified by the Office of National Drug
Control Policy (ONDCP) as a High Intensity Drug Trafficking Area (HIDT A). In the remote
areas of the San Diego Sector or areas where there is no fencing or dilapidated fencing, there is a
susceptibility to breaching and vehicle incursions. The San Diego Sector is also one of the main
destination locations for migrant caravans. The San Diego Sector is used by multiple TCOs that
exploit both the urban areas and remote areas in the San Diego Sector using varied tactics,
techniques, procedures. and varying concealment methods in order to smuggle both drugs and
illegal aliens into the United States. There are numerous TCOs operating in the San Diego
Sector at any given time; however. the four principal cartels include the Sinaloa Cartel , the
Tijuana Cartel, also known as the Arellano Felix Organization (AFO), the Cartel Jalisco Nueva
Generacion (CJNG), and the Cartel Tijuana Nueva Generacion (CTNG). The constant internal
and territorial disputes involving these cartels have increased the violence in the area. CJNG
joined forces with the AFO in 2015 and formed the CTNG to appropriate territory controlled by
the Sinaloa cartel. This alliance led to several murders in the Tijuana area. However, the CJNG
and AFC alliance ended in late 2016 and the CTNG continued to operate independently. As of
2017, all four criminal organizations continue to operate independently and as ri vals.
Consequently, the violence has escalated to unprecedented levels as the cartels' turf war
continues.
Because there are urban areas on both sides of the border in many portions of the San Diego
Sector, the San Diego Sector suffers from some of the quickest vanishing times - that is the time
it takes to illegally cross into the United States and assimilate into local, legitimate traffic. These
quick vanishing times enable the illegal activities of the TCOs, whether they are smuggling
people or narcotics.
In fiscal year 2019, there were over 300 separate drug-related events between border crossings in
the San Diego Sector, through which Border Patrol seized over 3,300 pounds of marijuana, over
1,280 pounds of cocaine, over 293 pounds of heroin, over 3,985 pounds of methamphetamine,
and over 107 pounds of fentanyl.
The San Diego Sector is also an area of high illegal entry. Border Patrol ' s own experience with
apprehensions between border crossings bears this out. In fiscal year 2019, there were over
58,000 apprehensions of illegal entrants attempting to enter the United States between border
crossings in the San Diego Sector.
The construction of new fencing and the replacement of ineffective pedestrian fencing in the San
Diego Sector is necessary to close existing gaps in the fencing and because the existing landing
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mat fencing is easily breached and has been damaged to the extent that it is ineffective.
Constructing new pedestrian fencing will replace the vulnerable landing mat and close gaps
along the border that are susceptible to exploitation while simultaneously creating longer,
contiguous segments of border fencing. The contiguous segments will satisfy San Diego
Sector's requirement to have a primary border fencing that will slow or stop illegal activity,
including narcotics smuggling and illegal entries, and facilitate a,n expedited law enforcement
response, increasing the likelihood of arrest. Additionally, with the increased impedance
provided by the new and replacement border fencing, field commanders are able to compress
enforcement operations to the immediate border, becoming more efficient and effective.
The specific Project Area is as follows:

San Diego Project A:
o

o

The project includes three non-contiguous segments of primary pedestrian
replacement fencing. The project includes approximately 14 miles of primary
pedestrian replacement fencing beginning approximately four miles east of the Tecate
Port of Entry continuing west for 13. 7 miles for 14 miles of non-contiguous primary
pedestrian replacement fencing in San Diego County.
• Start coordinate: (32.581552, -116.564932);
• End coordinate: (32.606 1 14, -116.261684)
This project also includes two segments of new primary pedestrian fencing.
• The first segment includes approximately 2 miles of new primary pedestrian
fencing approximately 22 miles east of the Tecate Port of Entry continuing east in
San Diego County.
• Start coordinate: (32.606126, -116.261453);
• Stop coordinate: (32.608967, -116.226311)
• The second segment includes approximately I mile of non-contiguous new
primary pedestrian tencing beginning approximately 28 miles east of the Tecate
Port of Entry continuing west in San Diego County.
• Start coordinate: (32.3261511 , -116.148822);
• End coordinate: (32.6 18435, -116.106229)

11.B. El Centro Sector

Within the U.S. Border Patrol El Centro Sector (El Centro Sector), OHS is requesting that DoD
assist by undertaking road construction, by constructing approximately IO miles of new
pedestrian fencing, and by installing lighting in the specific locations identified below.
The specific Project Area identified below is located in Imperial County, California and has been
identified by ONDCP as a HIDTA. Multiple local TCOs known for smuggling drugs into
Calexico from Mexico using a variety of tactics, techniques, procedures, and varying
concealment methods operate in this area, including CJNG as well as remnants of the Beltran
Leyva Organization and La Familia Michoacana organizations. CJNG, based in Jalisco, was
previously a faction of the Sinaloa Cartel. CJNG broke away from the Sinaloa Cartel and has

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become an established Mexican Cartel. The Mexican government has declared C.TNG as one of
the most dangerous cartels in the country.
Due to the close proximity of urban areas on both sides of the border, the El Centro Sector
suffers from some of the quickest vanishing times - that is the time it takes to illegally cross into
the United States and assimilate into local, legitimate traffic. These quick vanishing times enable
the illegal activities of TCOs, whether they are smuggling narcotics or people.
In fiscal year 2019, Border Patrol had approximately 180 separate drug-related events between
border crossings in the El Centro Sector, through which it seized over l 00 pounds of marijuana,
over 60 pounds of cocaine, over 100 pounds of heroin, and over 2,600 pounds of
methamphetam ine.
To the south of the international border is Mount Signal and sections of the Jacumba Mountain
range. These mountains give smugglers a high point advantage. The smugglers are able to
counter-surveil the patrol activities of El Centro Sector agents, which they then communicate to
the "foot-guides" during illegal incursions into the United States.
Additionally, the El Centro Sector is an area of high illegal entry. Border Patrol"s own
experience with apprehensions between border crossings bears this out. In fiscal year 2019,
there were over 35,000 apprehensions of illegal entrants attempting to enter the United States
between border crossings in the El Centro Sector.
The construction of a new pedestrian fencing in this area of the El Centro Sector will satisfy the
primary fencing requirement for an area that has long needed infrastructure. The project area is
the westernmost section of the El Centro Sector's area of responsibility, lying adjacent to the San
Diego Sector. San Diego Sector is currently proposed to receive additional fencing that would
create an almost contiguous section of border fencing across the San Diego Sector. As CBP
continues to construct needed fencing in the San Diego Sector, it is reasonable to conclude that
TCOs will adjust their tactics and shift attempted illegal entries to adjacent locations that
currently have no fencing or ineffective fencing.
As noted above, the El Centro Sector already experiences a high volume of illegal entries of both
narcotics and people. Thus, constructing new fencing in the El Centro Sector' s westernmost
flank, an area without current fencing, would prepare the U.S. Border Patrol for a probable shift
in the smuggling of narcotics and people by continuing the contiguous segment of fencing from
the mountains of the San Diego Sector to the low-lying desert of the El Centro Sector where
agents have the tactical advantage. Smugglers currently attempt to exploit this area of the El
Centro Sector because of the lack of fencing and the proximity to California' s Interstate 8
freeway, which provides TCOs rapid egress away from the border entry locations. Lastly new
fencing in this area will increase vanishing times, translating to additional time for law
enforcement to interdict and arrest. The new border fencing also improves lateral border access,
providing mobility along the border, decreasing the amount of time it will take agents to respond
to illegal entries of narcotics and people.

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The specific Project Area is as follows:
El Centro Project A:
o The project includes approximately 10 miles of new primary pedestrian fencing
beginning 36 miles west of the Calexico West Port of Entry continuing east in
Imperial County.
• Start coordinate: (32.618435 -116. l 06229);
• End coordinate: (32.631962, -115.932737)
11.C. Yuma Sector

Within the U.S. Border Patrol Yuma Sector (Yuma Sector) OHS is requesting that DoD assist by
undertaking road construction, constructing approximately 0.5 miles of new secondary
pedestrian fencing, replacing approximately 0.5 miles of dilapidated pedestrian fencing with new
fencing, replacing 7 miles of existing vehicle barrier with new pedestrian fencing, replacing 9
miles of dilapidated secondary fencing with new secondary fencing, and installing lighting in the
specific locations identified below.
The Project Areas within the Yuma Sector that are identified below are in Yuma County,
Arizona and Imperial County, California. Yuma and Imperial Counties have been identified by
the ON DCP as HI DT As. Of particular note is the operation of the Sinaloa Cartel in the Yuma
Sector. The Sinaloa Cartel continues to be the most powerful cartel in the country and controls
illicit networks and operations in the United States. Despite the arrest and conviction of Joaquin
"El Chapo" Guzman-Loera, its narcotics business has continued uninterrupted. As a result, there
have been no significant changes within the Sinaloa Cartel's hierarchy, or any changes in the
illicit operations conducted by the Sinaloa Cartel.
In fiscal year 2019, there were over 800 drug-related events between border crossings in the
Yuma Sector, through which Border Patrol seized over 3,000 pounds of marijuana, over 33
pounds of heroin. over 1,186 pounds of metharnphetamine, and over 50 pounds offentanyl.
The Yuma Sector is also an area of high illegal entry. Border Patrol 's own experience with
apprehensions between border crossings bears this out. In fiscal year 2019, there were over
68,000 apprehensions of illegal entrants attempting to enter the United States between border
crossings in the Yuma Sector.
The construction of new fencing and the replacement of ineffective pedestrian fencing, including
secondary fencing. in the Yuma Sector is necessary because the older designs are easily breached
and have been damaged to the extent that they are ineffective. Additionally, the Yuma Sector is
notorious for border violence and narcotics smuggling. While the deployment of vehicle barrier
in the Yuma Sector initially curtailed the volume of illegal cross-border vehicular traffic, TCOs
quickly adapted their tactics by switching to foot traffic, cutting the fencing, or simply driving
over it to smuggle their illicit cargo into the United States. Thus, in order to respond to these
changes in tactics, OHS now requires pedestrian fencing rather than vehicle barriers. Replacing
the primary pedestrian fence and building the new and replacement secondary fencing segments
will provide a contiguous enforcement zone that is critical to securing the border. The
enforcement zone that will be constructed facilitates the compression of border enforcement to
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the immediate border area which enables the U.S. Border Patrol to become more efficient and
effective. This improvement occurs by increasing vanishing times through added impedance
capability, translating to additional time for law enforcement to make a successful arrest while
simultaneously decreasing the amount of time, through improved mobility, it takes for law
enforcement to respond to illegal activity, including narcotics smuggling and illegal entries.
The specific Project Areas are as follows:
Yuma Project A:
o The project includes approximately 7 miles of vehicle barrier replaced with primary
pedestrian fencing beginning approximately 5.7 miles south of the Andrade Port of
Entry continuing along the Colorado River in Yuma County.
• Start coordinate: (32.642102, -114. 764632);
• End coordinate: (32.569515, -114. 791422)
o The project also includes approximately 9 miles of secondary pedestrian replacement
fencing starting approximately 2 miles west of the San Luis Port of Entry, continuing
east in Yuma County.
• Start coordinate: (32.493634, -114.811603);
• End coordinate: (32.450532, -114.666551)
Yuma Project B:
o The project includes approximately 0.5 mile of primary pedestrian replacement
fencing beginning 0.1 mile east of the Andrade Port of Entry continuing east in
Imperial County, California on the Quechan Reservation.
• Start coordinate: (32.718285-114.726726);
• End coordinate: (32.71872, -114.720282)
o The project includes approximately 0.5 mile of new secondary pedestrian fencing
beginning 0.1 mile east of the Andrade Port of Entry continuing east in Imperial
County, California on the Quechan Reservation.
• Start coordinate: (32.71 8715, -114.725929);
• End coordinate: (32. 719132, -114.720119)

11.D. Tucson Sector

Within the U.S. Border Patrol Tucson Sector (Tucson Sector) OHS is requesting that DoD assist
by undertaking road construction, constructing approximately 40 miles of new pedestrian
fencing, replacing approximately 33 miles of pedestrian fencing, replacing approximately 28
miles of existing vehicle barrier with new pedestrian fencing, replacing 1 mile of secondary
pedestrian fencing, and by installing lighting in the specific locations identified below.
The Project Areas within the Tucson Sector identified below are located in Pima, Cochise, and
Santa Cruz Counties, Arizona. Pima, Cochise and Santa Cruz Counties have been identified by
the ONDCP as HIDT As. The Sinaloa Cartel relies on their local associates to coordinate, direct,
and support the smuggling of illegal drugs and aliens from Mexico to the United States. Since
Arizona is contiguous with the U.S.-Mexico International Boundary, the Tucson and Phoenix
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metropolitan areas are major trans-shipment and distribution points for contraband smuggling.
Plaza bosses operate as a Sinaloa Cartel leader within their specific area of operation along the
Sonora-Arizona corridor of the U.S .-Mexico International Boundary.
ln fiscal year 2019, there were over 1,200 drug-related events between border crossings in the
Tucson Sector, through which Border Patrol seized over 59,000 pounds of marijuana, over 150
pounds of cocaine, over 155 pounds of heroin, over 2,700 pounds of methamphetamine, and over
12 pounds of fentanyl.
The Tucson Sector is also an area of high illegal entry. Border Patrol ' s own experience with
apprehensions between border crossings bears this out. In fiscal year 2019, there were over
63 ,000 apprehensions of illegal entrants attempting enter the United States between the border
crossings in the Tucson Sector.
The absence of adequate pedestrian fencing, either due to a complete lack of fenc ing or to the
presence of vehicle barrier or ineffecti ve primary and secondary pedestrian fencing designs, in
the Tucson Sector continues to be particularly problematic as it pertains to the trafficking of
illegal narcotics. Ri val TCOs frequently employ ''rip crews" who leverage the remote desert
environment and lack of fencing or the ineffective designs of current fencing to steal one
another' s illicit cargo resulting in increased border violence.
The terrain in the Tucson Sector also provides high ground to scouts seeking to protect and warn
smuggling loads being passed through the area. TCOs have successfully utilized this advantage
in furtherance of their illicit activity and for thi s reason the area is in need of an improved
capability to impede and deny illegal crossings of narcotics and people. In addition, the area
hosts a number of tourist attractions that allow illegal acti vity to blend into legitimate activity;
successfully avoiding detection and evading interdiction. The replacement of dilapidated
primary and secondary pedestrian fencing, as well as construction of new primary pedestrian
fencing, will add much needed infrastructure to these areas. The added impedance capability
provided by new steel bollard fencing will slow or stop illegal activity and afford law
enforcement more time to respond, increasing the likelihood of interdicting and arresting
narcotics smugglers and illegal entrants while providing Border Patrol agents with improved
lateral access along the border.
The specific Project Areas are as follows:
Tucson Project A:
o The project includes five segments of primary pedestrian replacement fencing.
• The first segment includes approximately 9 miles of primary pedestrian
replacement fencing beginning approximately 12 miles west of the Naco Port of
Entry continuing east in Cochise County.
• Start coordinate: (31.334137. -110.147464);
• End coordinate: (31.3341 17, -110.00033 7)

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•

•

•

•

The second segment includes 14 miles of primary pedestrian replacement fencing
beginning approximately 5 miles east of the Naco Port of Entry continuing east in
Cochise County.
• Start coordinate: (31.334088, -109.874333);
• Stop coordinate: (3 l.334049,-109. 630508)
The third segment includes I mile of primary pedestrian replacement fencing
beginning east of the Douglas Port of Entry continuing east in Cochise County.
• Start coordinate: (3 l.333994, -109.46753);
• Stop coordinate: (31.333995, -109.453305)
The fourth segment includes 1 mile of secondary pedestrian replacement fencing
beginning approximately 0.4 miles west of the Naco Port of Entry continuing east
in Cochise County.
• Start coordinate: (31.334238, -I 09. 945827);
• End coordinate: (31.33425, -109.948594)
The fifth segment includes 4.5 miles of new primary pedestrian fencing beginning
approximately 26 miles east of the Douglas Port of Entry continuing east in
Cochise County.
• Start coordinate: (3 l.332694, -109.125);
• End coordinate: (31.33202, -109.049997)

Tucson Project B:
o The project includes approximately 2 miles of primary pedestrian replacement
fencing beginning approximately 3 miles west of the Nogales - Mariposa Port of
Entry continuing east for through the Coronado National Forest in Santa Cruz
County.
• Start coordinate: (31.332555, -111 .01132);
• End coordinate: (31.332649, -l 10.976586)
o The project also includes approximately 26 miles of non-contiguous vehicle fencing
replaced with primary pedestrian fencing beginning approximately 9 miles east of the
Nogales - Morley Gate Port of Entry, on the Coronado National Forest, continuing
east in Santa Cruz and Cochise Counties. These miles were included in the fiscal
year 2019 Request for Assistance as part of the Tucson 4 project.
• Start coordinate: (31.333578, -110. 79579);
• End coordinate: (31.333602, -110.288665)
o The project also includes four segments of non-contiguous new primary pedestrian
fencing.
• The first segment includes approximately 21 miles of new primary pedestrian
fencing beginning approximately 13 miles southeast of the Sasabe Port of Entry,
on the Coronado National Forest, continuing east in Santa Cruz County.
• Start coordinate: (31 .388755, -111.25);
• End coordinate: (31.33253, -l l l.01233)

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•

•

•

The second segment includes approximately 0.5 miles of new pedestrian fencing
begins approximately 5 miles east of the Nogales - Morley Gate Port of Entry,
continuing east in Santa Cruz County.
• Start coordinate: (31.333702, -110.851153);
• End coordinate: (31.333758, -110.847792)
The third segment includes approximately 4 miles of new pedestrian fencing
beginning approximately 10 miles east of the Nogales - Morley Gate Port of
Entry. on the Coronado National Forest, continuing east for in Santa Cruz County.
• Start coordinate: (31.33351 , -110. 775333);
• End coordinate: (31.33328, -110. 70545)
The final segment includes approximately 2 miles of new pedestrian fencing
beginning approximately 20 miles west of the Naco Port of Entry, on the
Coronado National Forest, continuing east in Cochise County.
• Start coordinate: (31.333602, -110.288665);
• End coordinate: (31.333754. -110.253863)

Tucson Project C:
o

o

o

The project includes approximately 7 miles of primary pedestrian replacement
fencing starting approximately 2.5 miles west of the Sasabe Port of Entry continuing
east through the Buenos Aires National Wildlife Refuge in Pima County.
• Start coordinate: (31.495537, -111.584263);
• End coordinate: (31.460175, - I 11.4 73 I 71)
The project also includes 2 miles of non-contiguous vehicle barrier replaced with
primary pedestrian fencing beginning approximately 4 miles east of the Sasabe Port
of Entry continuing east through the Coronado National Wildlife Refuge in Pima
County. These miles were included in the fiscal year 2019 Request for Assistance as
part of the Tucson 5 project.
• Start coordinate: (31.386813 , -111.243966);
• End coordinate: (31.459673 , -111.4 71584)
The project also includes four segments of non-contiguous new primary pedestrian
fencing.
• The first segment includes approximately 3 miles of new primary pedestrian
fencing beginning approximately 5 miles northwest of the Sasabe Pon of Entry
continuing southeast in Pima County.
• Start coordinate: (31 .508665, -111.625);
• End coordinate: (31.49553 7, -111.584263)
• The three remaining segments include approximately 6 miles of new pedestrian
fencing beginning approximately 5 miles southeast of the Sasabe Port of Entry, on
the Buenos Aires National Wildlife Refuge and Coronado National Forest,
continuing southeast in Pima and Santa Cruz Counties.
• Start coordinate: (31.459243. -111.4 7024 );
• Stop coordinate: (31.423471 , -111.358336)
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11.E. El Paso Sector

Within the U.S. Border Patrol El Paso (El Paso Sector) OHS is requesting that DoD assist by
undertaking road construction, constructing approximately 63 miles of new pedestrian fencing,
replacing approximately 51 miles of pedestrian fencing, replacing approximately 6 miles of
vehicle barrier with pedestrian fencing, replacing approximately three miles of secondary
fencing, and installing lighting in the specific locations identified below.
The Project Areas within the El Paso Sector identified below are -located in Luna, Hidalgo and
Dona Ana Counties, New Mexico, and El Paso County, Texas. El Paso, Luna, Hidalgo and
Dona Ana Counties have been identified by the ONDCP as a HIDTAs. There are three specific
TC Os of interest operating in the El Paso Sector - the Sinaloa Cartel as well as remnants of the
Juarez Cartel and the Beltran Leyva Organization. In the El Paso Sector, the Sinaloa Cartel
employs a variety of tactics, techniques and procedures depending upon the terrain and
environment to move drugs across the border. While the Sinaloa Cartel has a strong presence
and control of territories at the flanks of the Sector, it does not have full control of the territory
throughout the El Paso Sector. The Juarez Cartel, traditionally a major trafficker of marijuana
and cocaine. has become an active member in opium cultivation and heroin production. In fiscal
year 2019, there were over 400 drug-related events between border crossings in the El Paso
Sector, through which Border Patrol seized over 11 ,000 pounds of marijuana, over 137 pounds
of cocaine, over 35 pounds of heroin, over 340 pounds of methamphetamine, and over two
pounds of fentanyl.
The El Paso Sector is also an area of high illegal entry . Border Patrol ' s own experience with
apprehensions between border crossings in the El Paso Sector bears this out. In fiscal year 2019,
there were over 182,000 apprehensions of illegal entrants attempting to enter the United States
between border crossings in the El Paso Sector. Also
Although the deployment of vehicle barrier in the El Paso Sector initially curtailed the volume of
illegal cross-border vehicular tratlic, TCOs quickly adapted their tactics switching to foot traffic,
cutting the fencing, or simply driving over it to smuggle their illicit cargo into the nited States.
Thus, in order to respond to these changes in tactics CBP now requires pedestrian fencing rather
than vehicle barriers. While the legacy pedestrian foncing in the El Paso Sector initially proved
to be better than no fencing at all, the current fencing is only 15 feet high and is constructed with
thin and easily breached bollards and thus does not provide the level of impedance necessary to
meet the operational requirements of the U.S. Border Patrol. Additionally, the secondary fencing
to be replaced is easily climbed which creates a safety risk for illegal entrants and narcotics
smugglers attempting to cross the irrigation canal. This also endangers the agents that come to
their rescue.
Constructing primary fencing in the remote areas of the western portions of the El Paso Sector
will satisfy the requirement for primary border fencing, specifically areas that will receive
primary pedestrian fencing in place of vehicle barrier as well as areas that will receive new
primary pedestrian fencing to close existing gaps. Successfully impeding and denying illegal
activities of TCOs in this area is further complicated by the close proximity of New Mexico
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Highway 9 to the border. In some cases the highway is less than a half a mile from the border,
allowing illegal cross-border traffic to evade detection and apprehension and quickly vanish from
the border area.
The eastern portions of the El Paso Sector are proposed to receive primary pedestrian
replacement fencing. The deployment of new, steel bollard fencing will satisfy the Sector's
requirement for a primary fencing by providing the necessary impedance required to enable a
law enforcement response to illegal activity including narcotics smuggling and illegal entries.
Similar to the western portion of the Sector, the proximity to Interstate 10, coupled with the lack
of impedance provided by the current fencing, drive the requirement for the proposed steel
bollard fencing solution.
The construction of new fencing in the El Paso Sector is intended to slow or stop illegal activity.
Increasing the level of impedance and lateral access along the border will improve law
enforcement' s ability to respond to narcotics smuggling and illegal entries and will increase the
likelihood of a positive law enforcement resolution.
The specific Project Areas are as follows:

El Paso Project A:
o The project includes approximately 20 miles of primary pedestrian replacement
fencing beginning approximately 11 miles northwest of the Tornillo Port of Entry
continuing southeast in El Paso County.
• Start coordinate: (31.552981 , - 106.26213 );
• End coordinate: (31.39439, -106.022199)
El Paso Project B:
o The project includes approximately 6 miles of vehicle barrier replaced with primary
pedestrian fence beginning approximately 21 miles west of the Antelope Wells Port
of Entry continuing west in Hidalgo County.
• Start coordinate: (31.332292, -108.885945);
• End coordinate: (31.332219, -I 08. 785406)
o The project also includes five segments of non-contiguous new primary pedestrian
fencing.
• The first se&'111ent includes approximately 5 miles of new primary pedestrian
fencing beginning approximately 30 miles west of the Antelope Wells Port of
Entry continuing east in Hidalgo County.
• Start coordinate: (31.33202, -109.049997);
• End coordinate: (31.332323, -109.962631)
• The second segment includes approximately 4 miles of new primary pedestrian
fencing beginning approximately 15 miles west of the Antelope Wells Port of
Entry, continuing east in Hidalgo County.
• Start coordinate: (31.332219, - I 08. 785406);
• End coordinate: (3 1.332916, - 108.715858)

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•

•

•

The third segment includes approximately 2 miles of new primary pedestrian
fencing beginning approximately 5 miles west of the Antelope Wells Port of
Entry, continuing east in Hidalgo County.
• Start coordinate: (31.333345 , -108.614594 );
• End coordinate: (31.333368, -108.582412)
The fourth segment includes approximately 49 miles of new primary pedestrian
fencing beginning approximately 3 miles east of the Antelope Wells Port of
Entry, continuing east and north in Hidalgo County.
• Start coordinate: (31.333407, -108.47926);
• End coordinate: (31.453091 , -108.182442)
The final segment includes approximately 2 miles of new primary pedestrian
fencing beginning approximately 20 miles west of the Columbus Port of Entry
continuing east in Luna County.
• Start coordinate: (31.783708. -107.963193);
• End coordinate: (31.7837. -107.923151)

El Paso Project C:
o The project includes replacement of two segments of pedestrian fencing.
• The first segment includes approximately 3 miles of primary pedestrian
replacement fencing beginning approximately 3 miles west of the Columbus Port
of Entry and continuing east of the Columbus Port of Entry in Luna County.
• Start coordinate: (31. 783689, -107.678632);
• Stop coordinate: (31.78371 , -107.57392)
• The second segment includes approximately 7 miles of primary pedestrian
replacement fencing beginning approximately 1 mile west of the Santa Teresa
Port of Entry continuing east in Dofia Ana County.
•
•

Start coordinate: (31.783873. -I 06.698191 );
End coordinate: (31. 783925,-106.580689)

El Paso Project D:
o The project includes approximately 3 miles replacement of secondary pedestrian
fencing beginning around the Paso Del Norte Port of Entry continuing east of the
Paso Del Norte Port of Entry in El Paso County.
• Start coordinate: (31. 763185 , - 106.447753);
• End coordinate: (31. 748581 , - I 06.488527)
o The second project includes two segments of primary pedestrian replacement fencing.
• The first segment includes approximately 1 mile of primary pedestrian
replacement fencing beginning approximately 2 miles northwest of the Paso Del
Norte Port of Entry continuing southeast in El Paso County.
• Start coordinate: (31. 77816, -106.524187);
• End coordinate: (31.768596, -106. 511873)
• The second segment includes approximately 17 miles of primary pedestrian
replacement fencing beginning approximately 2 mile southeast of the Bridge of
Americas Port of Entry continuing southeast in El Paso County.

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o

• Start coordinate: (31.670877, -I 06.336817):
• End coordinate: (31. 731177, -I 06.3 78986)
The third project includes approximately 0.5 miles of new primary pedestrian fencing
beginning approximately 5 miles north-west of the Paso Del Norte Port of Entry
continuing southeast in Dona Ana County.
• Start coordinate: (31. 783889, -106.556848);
• End coordinate: (31. 783889, -106. 54613 7)

11.F. Del Rio Sector

Within the U.S. Border Patrol Del Rio (Del Rio Sector) OHS is requesting that DoD assist by
undertaking road construction, replacing approximately four miles of pedestrian fencing with
new pedestrian fencing, and installing lighting in the specific locations identified below.
The Project Areas within the Del Rio Sector that are identified below are located in Val Verde
and Maverick Counties, Texas. Val Verde and Maverick Counties have been identified by the
ONDCP as HIDT As. The Del Rio Sector is used by multiple TCOs to conceal and transport
narcotics into the United States. In addition to larger TCOs such as Cartel del Noreste, the Del
Rio Sector is host to many alien smuggling organizations and smaller TCOs that are responsible
for the smuggling of narcotics and aliens through the Del Rio Sector. These smaller, lesser
known TCOs are known to have smuggled thousands of pounds of marijuana through the Del
Rio Sector over the past several years. Additionally, gangs within the Del Rio Sector range from
local street gangs to nationally organized gangs. Their activities involve crimes ranging from
illegal entry/reentry into the United States, alien smuggling, assault, and scouting for smuggling
of aliens and/or drugs. In fiscal year 2019, there were over 146 drug-related events between
border crossings in the Del Rio Sector, through which Border Patrol seized over 40 pounds of
marijuana, over 15 pounds of cocaine, over 24 pounds of heroin, and over 195 pounds of
methamphetamine.
The Del Rio Sector is also an area of high illegal entry. Border Patrol ' s own experience with
apprehensions between border crossings in the Del Rio Sector bears this out. In fiscal year 2019.
there were over 57,000 apprehensions of illegal entrants attempting to enter the United States
between border crossings in the Del Rio Sector.
The current pedestrian fencing in the Del Rio Sector lacks the ability to provide the level of
impedance necessary to effectively secure the border in those areas. TCOs frequently defeat and
exploit the existing dilapidated fencing for narcotics and human smuggling by simply using
unassisted climbing techniques, an indication of the fencing ' s inferior desil,111 and current state.
Additionally. the Eagle Pass Station' s area of responsibility experiences the highest volume of
assaults on agents, border violence, and rescues in the Del Rio Sector. Construction of new steel
bollard fencing to replace the dilapidated existing fencing that is easily scaled will allow the Del
Rio Sector to secure the areas and more effectively leverage resources in adjacent areas leading
to a safer, more secure border environment.

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The specific Project Areas are as follows:

Del Rio Proje£'t A:
o

The project includes approximately 2 miles of primary pedestrian replacement
fencing beginning approximately I mile north of the Eagle Pass Port of Entry
continuing south in Maverick County.
• Start Coordinate: (28. 702032, -100.504 759);
• End Coordinate: (28.71969, -100.504983)

Del Rio Project B:
o

The project includes approximately 2 miles of primary pedestrian replacement
fencing beginning approximately 2 miles northwest of the Del Rio Port of Entry
continuing southeast in Val Verde County.
• Start coordinate: (29.345863 , -100.945134);
• Stop coordinate: (29.33107. -100.913086)

III. Technical Specifications
As set forth above, OHS requires road construction, installation of lighting, and the construction
of new or replacement of existing vehicle barrier or dilapidated pedestrian fencing with new
pedestrian fencing within the Project Areas. OHS will provide DoD with more precise technical
specifications as contract and project planning moves forward.
Given DHS ' s experience and technical expertise, OHS plans to coordinate closely with DoD
throughout project planning and execution, to include review and approval of design
specifications, fencing alignment and location, and other aspects of project planning and
execution.
IV. Sequencing
The OHS request for assistance includes approximately 271 miles in which OHS requires road
construction, the installation of lighting, and the construction of new pedestrian fencing or the
replacement of existing vehicle barrier or dilapidated pedestrian fencing with new pedestrian
fencing within the Project Areas. OHS requests that DoD' s support under IO U.S.C. § 284
address the requirements in order of priority as DoD resources allow. The OHS order of priority
is as follows:
1. El Centro Project A
2. El Paso Project A
3. El Paso Project B
4. Del Rio Project A
5. Yuma Project A
6. Tucson Project A
7. Tucson Project B
8. El Paso Project C
9. Del Rio Project B

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10.
I 1.
12.
13.

San Diego Project A
El Paso Project D
Yuma Project B
Tucson Project C

V. Funding
OHS requests that DoD provide the above-referenced border fences, roads, and lighting on a
non-reimbursable basis as support to block drug smuggling c.orridors.
OHS will accept custody of the completed infrastructure and account for that infrastructure in its
real property records.
OHS will operate and maintain the completed infrastructure.

VI. Conclusion
OHS requests DoD assistance under 10 U. S.C. § 284 to construct fences, roads, and to install
lighting in order to block drug smuggling corridors in the Project Areas set forth above. The
Projects Areas set forth above are areas of high illegal entry under IIRIRA § 102(a), and the
requested fences, roads, and lighting will assist in deterring illegal crossings in the Project Areas.

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EXHIBIT B

Project Name
Yuma A (segment 1)
Yuma A (segment 2)
El Centro A
Tucson A (segment 1)
Tucson A (segment 2)
Tucson A (segment 3)
Tucson A (segment 4)
Tucson A (segment 5)
Tucson B (segment 5)
Tucson B (segment 6)
El Paso A
El Paso B (segment 6)
El Paso C (segment 1)
El Paso C (segment 2)
Tucson C (segment 1)
Tucson C (segment 3)
Tucson C (segment 4)
Tucson B (segment 1)
Tucson B (segment 3)
Tucson B (segment 4)
Yuma B (segment 1)
Yuma B (segment 2)
San Diego A (segment 1)
San Diego A (segment 2)
San Diego A (segment 3)
Del Rio A
Del Rio B
El Paso D (segment 1)
El Paso D (segment 2)
El Paso D (segment 3)
El Paso D (segment 4)

Segment
Est. Project
Miles
Cost ($M)
(approx.)
7
9
10.2
9
14
1
1
4.5
4.1
2.1
20
2.4
3
7
7
2.6
5.7
2.1
21
0.2
0.3
0.3
13.7
2
2
2
2
3
1
17
0.6

$140
$180
$204
$180
$280
$20
$20
$90
$82
$42
$400
$48
$60
$140
$140
$52
$114
$42
$420
$4
$6
$6
$274
$40
$40
$40
$40
$60
$20
$340
$12

EXHIBIT C