1 APPENDIX A
U.S. Department of Homeland Security
U.S. Customs and Border Protection
Operations Order Report
Op Order Name: SDC OPERATION STONEGARDEN (OPSG) FY2022 Op Order Number: 22-SDCSDC-09-001 V0
Op Dates: From: 09/01/2022 To: 08/31/2025 (POP)
Report Date: 09/29/2022
(U) Warning: The information contained herein remains under the control of the Department of Homeland Security (DHS), through U.S. Customs and Border Protection (CBP). Dissemination is for authorized law enforcement purposes only. (U) This document contains information that is UNCLASSIFIED//FOR OFFICIAL USE ONLY (U//FOUO). It contains information that may be exempt from public release under the Freedom of Information Act (5 U.S.C. § 552).
It is to be controlled, stored, handled, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO information and is not to be released to the public, the media, o r other personnel who do not have a valid need-to-know without prior approval of an authorized CBP official. (U) Privacy Act 5 U.S.C. § 552a(b) “No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains [subject to 12 exceptions].” OOs and OPSG Operational documents contain shared intelligence, informa tion, targeted enforcement information, Personally Identifiable Information (PII) of USBP and partner State, Local, and Tribal law enforcement entities. PII should not be released as it places public safety officials in danger from illicit actors and share d intelligence and information should not be disclosed without notice and permission from the contributing law enforcement agencies.”
EXECUTIVE SUMMARY
Law enforcement partnerships between federal, state, and local entities are critical to improving operational control of the border. Grant funding in the amount of $2,500,000 via Operation Stonegarden (OPSG) will be utilized by a total of 6 partner law enforcement agencies from local units of government within the San Diego Sector Area of Responsibility, including Sheriff’s Departments from Riverside and Los Angeles Counties, as well as California State Agencies to target border-related crime in the U.S./Mexico Border area and the California coastline. The Riverside County Sheriff’s Department (RCSD) will be the OPSG Grant Administrator. The point-of contact (POC) will be Lieutenant Kevin Lamb. The USBP San Diego Sector Chief Patrol Agent will have operational oversight. The POC will be Special Operations Supervisor Anna Sofchek.
The USBP San Diego Sector Chief Patrol Agent, in coordination/collaboration with OPSG stakeholders, will determine which areas will be the focus of operations. Security threats and operational hours/activities will be determined jointly between the San Diego Sector unified command staff and the OPSG Integrated Planning Team (IPT). Maritime-specific operations will be coordinated jointly with the San Diego Regional Coordinating Mechanism (ReCoM), Los Angeles/Long Beach ReCoM, Central California Maritime Agency Coordination Group (CenCal MAC), and the San Francisco ReCoM.
Utilizing an all-threats approach in collaboration with U.S. Customs and Border Protection (CBP) / U.S. Border Patrol (USBP), state and local law enforcement agencies will exercise their
EXHIBIT D
2 unique jurisdictional capabilities in order to collaboratively address border security issues.
Historically, the San Diego Sector AOR has been a highly favored operational area for crime and drug smuggling organizations. The close proximity of Tijuana, Mexico to San Diego, California, population density, significant coastline, and extensive transportation networks leading to the interior immediately north of the border make San Diego a consistently lucrative target. Now, as the maritime smuggling threat increases, these organizations are looking for smuggling opportunities beyond San Diego County as demonstrated by Pangas being discovered more than 400 miles north in San Mateo County. Border-related crime represents an all-threat environment in that the primary criminal activity (drug/human smuggling) often results in cross-border criminal organizations and individuals undertaking secondary and frequently, tertiary criminal activities that involve a wider range of crimes (kidnappings, assaults, murders, money laundering, cross-border weapons trafficking, etc.). These criminal activities, when undertaken in the U.S., constitute a threat to domestic security, subsequently triggering involvement by state and local law enforcement.
I. SITUATION
A. General Situation:
San Diego County includes approximately 86 miles of international land border and the responsibility of the San Diego Sector (SDC) includes the 931 miles of coastal border of the State of California, including beaches and bays. SDC has an effective level of security that is commensurate with known and identified risks associated with criminal organizations. The incidence of border violence associated with competing drug cartels in the Tijuana/Tecate areas has continued and still has great potential to spread into the United States. Frequent assaults against Border Patrol Agents are a common diversionary tactic utilized by smuggling organizations to further their criminal activity. During a particularly volatile situation on July 23, 2009, Border Patrol Agent Robert Rosas was murdered in close proximity to the border fence while responding to an incursion in the Campo Station AOR. As security of the border is established and/or expanded within key target zones, criminal organizations resort to increasingly elaborate smuggling methods such as sophisticated cross-border tunnels, watercraft in the maritime environment, and ultra-light aircraft. U.S. Border Patrol (USBP) San Diego Sector Operation Division will address specific threats posed by such organizations and aggressively integrate OPSG assets to reduce violent crime along the border, increase border security, and improve the quality of life within affected communities throughout the San Diego Sector operational AOR.
As the maritime threat continues to increase in San Diego Sector's AOR, it has been necessary to provide additional funding and support along the coast to address emerging maritime Panga smuggling events approximately 489 miles north in Monterey, Santa Cruz, and San Mateo counties.
Since its inception, the intent of OPSG has been to enhance law enforcement preparedness and operational readiness along the nation’s borders. The Department of Homeland Security Appropriations Act 2010 (PL 111-83), via the Homeland Security Grant Program, allocated $90 million in FY 2022 OPSG grant 3 funds for use by local units of government to increase coordination and enforcement capabilities in support of Department of Homeland Security (DHS) goals including those outlined in the Border Patrol National Strategy. For this grant year, the San Diego Sector has been awarded $2,500,000 in FY 2022 OPSG Homeland Security Grant funds.
B. Terrain/Weather:
Terrain features within the San Diego Sector include beaches, estuaries, coastal plains, steep canyons and ravines, high desert, and mountains over six thousand feet in elevation. There are numerous environmentally sensitive and protected areas. Dense, low lying brush and scrub trees cover much of the rural terrain throughout.
Riverside County, the fourth largest in the state of California, is home to twenty high-transit interstates and state routes commonly used for illegal trafficking operations.
Orange County and Los Angeles County represents a rugged coastline along with varying weather. Los Angeles County also includes the Islands of Catalina and San Clemente. These islands are remote and desolate and represent an area of great concern for the San Diego Sector.
Weather conditions vary greatly throughout the San Diego Sector. The western corridor generally maintains year-round mild temperatures that average 50 to 80 degrees. The central and eastern corridors can experience extremes in temperatures ranging from subfreezing to well over 100 degrees. Eastern portions of the County can experience occasional snowfall and high winds. In addition, the western portion of the San Diego Sector experiences frequent coastal eddies (a combination of low clouds and fog), which extend several miles inland.
Wildfires are a very real and persistent threat throughout the San Diego Sector.
The fire season extends from May through November. Historically, wildfires have resulted in the devastating loss of life and property.
The combination of climatic extremes, rugged terrain, dense urban corridors, and protected environmental areas presents a complex challenge to conducting daily operations. As such, enforcement entities operating within the counties utilize considerable ingenuity and flexibility in order to achieve their missions.
C. Criminal Element:
Drug smuggling organizations continue to pose significant threats throughout the area. These organizations have become increasingly sophisticated and use counter surveillance, diversionary tactics, night vision devices, and secure 4 communications while conducting operations. Human trafficking, trans-border kidnappings, extortion, murder, and intimidation are common results of cartel competition for lucrative territory. Criminal debriefings, examination of pocket trash, and officer observations indicate substantial intelligence gathering efforts against law enforcement operations by area criminal organizations.
Smugglers frequently utilize dangerous tactics in order to further their cargo into the United States. Among these are failures to yield when vehicle or checkpoint stops are initiated, abandonment of the smuggling vehicle by the driver while it is still in motion, wrong-way driving on freeways north through the Mexican Port of Entry into the southbound lanes of Interstate 5, and the overloading of boats with human cargo. The abandonment of individuals or entire groups by their guides in remote, inhospitable environments is not uncommon and has resulted in a significant number of deaths. Smuggling organizations using these, and other tactics, have been historically responsible for several assaults on Border Patrol Agents and local law enforcement officers.
D. Friendly Forces:
Riverside County Sheriff's Department
Huntington Beach Police Department
Seal Beach Police Department
Los Angeles County Sheriff's Department
Laguna Beach Police Department
Newport Beach Police Department
II. MISSION
Department of Homeland Security, CBP/Border Patrol, state, and local law enforcement agencies operating in Riverside, Orange, and Los Angeles Counties will collaborate to raise border security by:
• Disrupting and degrading targeted transnational criminal organizations (TCO’s) • Enhancing land/coastal border detection and interdiction capabilities • Expanding formal communication, intelligence protocols, and nontraditional intelligence/fusion opportunities
III. EXECUTION
A. Management/Supervisor Intent:
Participating OPSG law enforcement agencies will enforce local/state laws within their jurisdiction and will not enforce immigration laws (Title 8 USC) on behalf of CBP/Border Patrol. Each participating agency will conduct enforcement activities that have a nexus and contribute to border security as described in the “Specific Responsibilities” section of this plan.
5 B. General Concept:
OPSG operational activities will emphasize those measures that increase border security in direct collaboration with CBP/Border Patrol. Participating agencies will utilize their unique areas of expertise and jurisdictional authority to patrol targeted areas within the county and participate in special operations targeting border nexus crime. Border security threat and operational hours/activities will be determined jointly between the San Diego Sector unified command staff and the OPSG Integrated Planning Team (IPT). Maritime-specific operations will be coordinated jointly with the San Diego Regional Coordinating Mechanism (ReCoM), Los Angeles/Long Beach ReCoM, CenCal MAC, and the San Francisco ReCoM. This operational concept does not result in a change or extension of Federal authority to state or local law enforcement agencies to enforce Federal immigration laws (Title 8 USC). It is anticipated however, that increased enforcement activities under OPSG will reduce the threat of border incursions and also significantly impact the ability of criminal organizations to operate from the U.S. Mexico border in San Diego north along the coast to San Mateo County. Participating agencies will utilize OPSG funding for overtime, fuel, mileage, vehicle/vessel maintenance, air support, and equipment in order to support enforcement operations as identified in the quarterly OPSG Operational Plan(s). If Federal immigration violations are encountered, state and local agencies will follow current local and state laws, policies and practices. This plan is subject to approval by the Chief Patrol Agent (CPA) of San Diego Sector (SDC) and the Office of Border Patrol (OBP) prior to release of OPSG funds.
C. Specific Responsibilities:
The main objective is to raise the level of U.S. border and California coastline security to reduce the threat of border-related crime by increasing law enforcement presence and special operations in rural and coastal areas, communities, and routes of land and marine egress throughout the San Diego Sector AOR, including Riverside, Orange, and Los Angeles Counties.
The participating agencies below will not enforce Title 8 (US Immigration law).
They will each enforce state law and local ordinances against violators in target areas to help reduce criminal activity associated with transnational criminal organizations. Participating agencies will utilize OPSG funding for operational overtime, fuel, mileage, vehicle/vessel maintenance, air support, and equipment in order to support operations.
Participating agencies may conduct intelligence-driven operations and perform coordinated cyclical intelligence based criminal interdiction operations as necessary in collaboration with the OPSG IPT. Operations described as follows may be modified in order to facilitate additional enforcement efforts within allocated funds.
6 All OPSG air operations will de-conflict with CBP and notify the San Diego ReCoM, Los Angeles/Long Beach ReCoM, CenCal MAC, or the San Francisco ReCoM prior to flight.
Riverside County Sheriff's Department, USBP San Diego Sector and Station Special Operations Groups and Intelligence Units in conjunction with OPSG Partners and Task Forces will conduct intelligence-based operations within the San Diego Sector during the time period outlined during the Border Patrol weekly Unified Command meetings, along with the RECOM and OPSG IPT.
Sector-wide, high visibility special operations will be performed quarterly with a focus on intelligence based criminal interdiction. The multi-agency, cross jurisdictional special operations will include all the participating agencies below and be coordinated by the Riverside County Sheriff's Department and USBP San Diego Sector.
OPSG funds will be used for reasonable operational overtime costs associated with law enforcement activities in support of enhanced border security. Overtime pay is specifically for increased patrol time for certified public safety officers, including, but not limited to, rangers detectives and investigators who will work in a patrol capacity on assigned OPSG shifts, along with other law enforcement support personnel such as communication officers/dispatchers and patrol pilots.
Participating agencies may not utilize OPSG funds to pay for a personnel's overtime hours or cost that exceeds 16 hours worked in any 24-hour period.
D. Coordinating Instructions:
The San Diego Sector Chief Patrol Agent will have operational oversight and in coordination/collaboration with OPSG stakeholders, will determine which areas will be the focus of operations. San Diego Sector and local participating agencies will be executing a yearly OPSG operational plan for submission to OBP. San Diego Sector stations will be responsible for OPSG-related enforcement activities and intelligence sharing within their respective AORs. An Incident Command System (ICS) may be utilized to facilitate Sector-wide coordination and monitoring of OPSG activities as warranted during special operations. Sector stations and local/state representatives will ensure daily OPSG activities within their respective AOR are monitored and reported accordingly. Stations will be responsible for reporting OPSG-related intelligence to the Sector Intelligence Unit (SIU) as appropriate. For maritime operations, the RECOM will be responsible for the aforementioned requirements.
Each of the 6 participating OPSG agencies will have a designated management representative as noted in the Specific Responsibilities section of this operational plan.
7 Activity Reporting:
The Daily Activity Report must be submitted to the USBP San Diego Sector, or the participating agency’s OPSG coordinator, within 48-hours of the conclusion of each OPSG shift. Both sub-recipients and San Diego Sector are responsible to ensure that DARs are submitted in the proper format and in a timely manner. DARs will be submitted using the CBP Operation Stonegarden Data Management System in www.HSIN.gov. Friendly Forces receiving funding through a subrecipient will also need to complete DARs online within 48 hours and submit hard copies of DARs to subrecipient along with the claims.
The San Diego Sector OPSG Group will be responsible for compiling daily activity reports and SDSD Financial will be responsible for tracking OPSG expenditures. Bi-Weekly Activity and After-Action Reports will be completed by the Sector OPSG Group and submitted via email to OBP.
Information Sharing:
Information from source documents (e.g. arrest reports, citations, field interviews, etc.) will be entered into www.HSIN.gov. Items of interest will be developed by Intelligence Units and forwarded to appropriate agency/task force for action.
Intelligence Products:
Intelligence products including mapping, trend analysis, community impact, and target files will be developed via a collaborative effort between the Intelligence Units and appropriate agency/task force.
Performance Metrics:
OPSG impact on border security and public safety will be gauged by several mechanisms:
• Statistically tracked events such as traffic stops, citations, misdemeanor/felony arrests, and contraband seizures in OPSG target areas.
• SID evaluation of OPSG effect on targeted criminal organizations and their activities.
• Third party indicators ascertained via crime statistical analysis and community impact data developed by Fusion Centers within the San Diego Sector.
Regional Scheduling:
8 Each partner agency will send their weekly/bi-weekly/monthly OPSG schedule (whichever applies), utilizing the appropriate format, to the San Diego Sector (SDC) OPSG Points of Contact.
Points of Contact:
1. Riverside County Sheriff's Department (RCSD)
OPSG Rep: Captain Adriaan Roggeveen (760) 578-1621
• Conduct intelligence-based operations targeting transnational criminal organizational activities along I-15 near lower Highway 74 bordering San Diego county, I-10 and Highway 86, which are critical points of intersection for both Arizona border and southern border of Imperial county.
• Conduct high-visibility patrols design to saturate the freeway system and routes of ingress and egress from border counties, using law enforcement presence to deter smuggling activities.
2. Huntington Beach Police Department (HBPD)
OPSG Rep: Lieutenant Thoby Archer (714) 536-5694
• Coordinate intelligence-based operations within the Huntington Beach AOR and adjacent coastal areas of Newport Beach.
• Conduct high-visibility interdiction operations along I-405 to help deter transnational criminal organizational activities.
• Conduct harbor and coastal patrols, as well as aerial support, in response to maritime enforcement related to smuggling activities
3. Los Angeles County Sheriff’s Department (LASD)
OPSG Rep: Commander Jack Ewell (323) 881-7823
• Conduct air, land and sea patrols in the vicinity of San Clemente Island, Catalina Island and adjacent coastal areas within Los Angeles County • Conduct operations and patrols as determined by the Los Angeles/Long Beach RECOM, using intelligence and analysis provided by the MAC Intelligence Community (MAC IC)
• Coordinate efforts through the Los Angeles/Long Beach RECOM and the Maritime Coordination Center (MCC) and provide coastal observation per MAC IC collection requirements for maritime enforcement assets patrolling the immediate coastline
• Perform coordinated cyclical intelligence based criminal interdiction operations
9 • Utilize LASD dispatchers and/or Lieutenant grade field operations to support high visibility enforcement actions when multiple stakeholders and/or multiple LASD units are engaged and/or while working under the ICS system
• Report and de-conflict all OPSG operations through the MCC in Long Beach prior to deployment
4. Seal Beach Police Department (SBPD)
OPSG Rep: Lieutenant Julia Clasby (562) 799-4100
• Conduct intelligence based law enforcement patrols and special operations along the coastline, coastal access points, and flood control access points in the jurisdiction of Seal Beach, in an effort to reduce smuggling and marine interdiction related crimes
5. Laguna Beach Police Department (LBPD)
OPSG Rep: Sergeant Jesse Schmidt (949) 497-0359
• Will provide increased law enforcement patrols, drone surveillance, and special operations throughout the City of Laguna Beach in Orange County in an effort to reduce narcotic smuggling, human trafficking, and border related crimes.
6. Newport Beach Police Department (NBPD)
OPSG Rep: Sergeant Mark Short (949) 644-3610
• The NBPD will conduct bi-weekly overt and covert operations as described in our above schedule along with any additional requests from OPSG coordinators. These operations will entail surveillance, intelligence gathering, and directed enforcement of criminal related activity along our coastline and harbor. These operations will show high levels of law enforcement presence and serve as a criminal deterrent, help to maintain secure borders, reduce human trafficking, and can lead to drug and vehicle seizures, as well as arrests.
E. Public/Open Records Requests:
In order to accomplish the Operation Stonegarden mission, law enforcement sensitive information is shared between Federal, State, and local law enforcement agencies. This information includes intelligence sharing, CONOPS/Applications, Operations Orders, Fragmentary Orders, Daily Activity Reports, After Action Reports, and more. OPSG records and documents may contain law enforcement 10 sensitive information. Participating agencies agree to protect OPSG documents in accordance with applicable Federal, State, and local laws. Agencies should, while complying with State and local laws and policies, also notify their local USBP Sector staff when the agency receives a public records request for OPSG documents that were created by USBP.
IV. ADMINISTRATION/LOGISTICS
A. Cost Estimates/Funding Issues:
Reimbursement for OPSG participants will be contingent upon approval of this operational plan, developed jointly between OPSG representatives and CBP/Border Patrol. No operations will commence and/or funds drawn prior to plan approval by OBP. The Riverside County Sheriff’s Department will be the OPSG Grant Administrator.
Funding for each participant will be approved on a case-by-case basis specific to the operational plan. Enforcement efforts and priorities may be shifted accordingly.
The State Administrative Agency (SAA) must report Stonegarden obligations/expenditures via the Categorical Assistance Progress (CAPR)/Biannual Strategy Implementation Reports (BSIR) semi-annually and the Financial Status Report (SF-269a) by calendar quarter.
Local and state law enforcement agencies shall not utilize OPSG funding to supplant their inherent routine patrol and law enforcement operations in order to perform activities not directly related to increasing border security. Fringe Benefits for friendly forces:
The agencies listed below are not requesting any additional fringe benefits. All benefits costs associated with OPSG shifts will be covered in overtime costs. • Los Angeles County Sheriff’s Department
• Newport Beach Police Department
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B. Travel:
Not applicable.
C. Lodging:
Not applicable.
D. Reception of Detailed Personnel:
Not applicable.
E. Uniform and Equipment:
All personnel assigned to this operation will utilize the approved agency uniform in accordance with each agency Standard Operating Procedure (SOP). No deviations from these SOPs are anticipated.
F. Special Equipment:
Not applicable.
G. Processing:
Participating OPSG law enforcement agencies will enforce local and state laws within their jurisdiction and will not enforce immigration laws (Title 8 USC) on behalf of CBP/Border Patrol. Apprehension and seizures will be processed in
15 accordance with existing federal, state, and local laws, policies and guidelines.
State felony warrant suspects in CBP/Border Patrol custody will be managed in accordance with existing agreements between the San Diego Sector and local agencies.
H. Medical:
Medical emergencies will be handled by the closest available medical facility, and in accordance with established departmental policies and procedures of each OPSG participating agency.
I. Detention/Transportation:
Apprehended individuals will be transported in accordance with federal, state and local laws, policies, agreements and guidelines of the arresting agency.
J. Vehicles:
Local and state law enforcement vehicles will be used in support of this operation.
Participating agencies will be responsible for the fuel and maintenance of their vehicles. Fuel, mileage, and maintenance costs may be reimbursed in whole or in part for those vehicles utilized in OPSG-related operations.
V. COMMAND/CONTROL/COMMUNICATION
A. Chain of Command:
Participating agencies will maintain their individual chains of command as dictated by internal policies and guidelines.
U.S. Border Patrol - San Diego Sector
Chief Patrol Agent: Aaron M. Heitke
Deputy Chief Patrol Agent: Patricia McGurk-Daniel
ACTT Director: Bernardino Soto
Assistant Chief Patrol Agent: Lewis F. Salling
Special Operations Supervisor: Anna M. Sofchek (520) 603-2293
SD Regional Coordinating Mechanism (ReCoM)
(A)SOS Rory Russel (619) 782-3586
Central California Maritime Agency Coordination Group (CenCalMAC) SBPA Richard Wilcox (619) 481-8819
San Francisco ReCoM MAC
Vacant
B. Unit Command:
16 U.S. Border Patrol Stations:
• Boulevard Station
• Brown Field Station
• Campo Station
• Chula Vista Station
• Imperial Beach Station
• Murrieta Station
• San Clemente Station
C. Communication Details:
Communication protocol will be managed in accordance with each participant agency’s existing policy. OPSG communications will be monitored and, as necessary, coordinated by the Incident Command System (ICS) when active.
ANNEXES
A. Administration Annex:
The Riverside County Sheriff’s Department will be the OPSG Grant Administrator. The grant funding for each of the OPSG participants is approved on a case-by-case basis specific to the yearly operational plan. The San Diego Sector Chief Patrol Agent in coordination with the OPSG IPT will determine which areas will be the focus of operations and may shift enforcement efforts and priorities accordingly. Operational plans may be amended as necessary. State and local law enforcement agencies shall not use OPSG funding to supplant their inherent routine patrol and law enforcement operations in order to perform activities not directly related to increasing border security.
B. Execution Annex:
Not applicable.
C. Media Action Plan:
Inquiries will be directed to the USBP San Diego Sector Information and Communications Division (619) 216-4182. Participating OPSG agencies will manage media inquiries as indicated by their individual departmental policies.
D. Legal Review:
This operational plan has been reviewed for legal sufficiency by CBP Office of Assistant Chief Counsel.
E. Risks:
No additional risks have been associated with this Operations Order (OPORD). 17