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From: (b) (6) on behalf of SELF, JEFFREY D

To: (b) (6) (b) (6)
Subject: FW: Waiver Statement
Date: Friday, March 28, 2008 3:58:14 PM
Attachments: (b) (6)
Importance: High

As per Jeff, work with SBI and get the numbers that are needed please. Thank you.

(b) (6)
Assistant Chief
Southwest Border Division
HQ Office of Border Patrol
(b) (6) office
(b) (6) cell

From: (b) (6)

Sent: Friday, March 28, 2008 3:43 PM
Subject: FW: Waiver Statement
Importance: High

Here is the doc…

(b) (6)

From: (b) (6)

Sent: Friday, March 28, 2008 3:21 PM
To: (b) (6) ; ADAMS, ROWDY D; (b) (6) ; (b) (6)
Cc: (b) (6)
(b) (6)
Subject: FW: Waiver Statement
Importance: High

(b) Rowdy,
We’re going to need input from SBI on the numbers (b) is asking about. Who should they reach out
to? (6)

(b) (6)
Deputy Chief Counsel
U.S. Customs and Border Protection
(b) (6)
(b) (6) (Fax)


This communication might contain communications between attorney and client, communications that are part of the agency
deliberative process, or attorney work product, all of which are privileged and not subject to disclosure outside the agency
or to the public. Please consult with the Office of Chief Counsel, U.S. Customs and Border Protection before disclosing any
information contained in this email.

From: (b) (6)

Sent: Friday, March 28, 2008 2:13 PM
To: (b) (6)
Subject: RE: Waiver Statement

I’ve marked up a bit, but this requires very quick work from CBP so we can get to S1 today for his

It must be updated to reflect the current situation – i.e., if there are any stale statements in here, they
should be brought forward to today. Most importantly, the paragraph that deals with the environmental
remediation work that has already been done must be edited. It should, in the next draft, contain the
following concepts:

1. The waiver covers _____ miles of border, on which we plan to build _____ miles of pedestrian
barrier and _____ miles of vehicle barrier.

2. The additional _____ miles – over and above what we are planning to build on – are also areas of
high illegal entry, but are not the highest priority areas. We are including those miles in case
environmental factors or other issues cause us to change course and not build on those highest priority

3. This waiver – plus the additional waiver for the 22-mile Hidalgo County levee project – should cover
the remainder of additional fence construction that SBI will accomplish in 2008.

4. We have already performed environmental analyses – either environmental impact statements, or

environmental assessments – on _____ miles of the lands covered by this waiver. In these areas, the
result has been a finding of no significant environmental impact. Even so, we have made efforts at
environmental remediation in these areas, including [list examples that relate specifically to these areas
in the waiver.]

5. The Department of Interior, one of our federal partners in making sure we are good stewards of the
land, has suggested that – for the land managed by DOI, we require a waiver in order to build,
because DOI’s authorities (specifically [statute]), would prevent such construction otherwise. The
pertinent text of DOI’s letter is below: …

6. [If this is the case] Even so, and even though the laws compelling us to do so have been waiver,
we plan to perform our own environmental analysis [?] of these lands, and incorporate the results of
that analysis into the design and construction of the fence, so we may continue to be good
environmental stewards.

7. Finally, no environmental analysis has yet been done on _____ miles of the area to which the
waiver applies. Before construction commences in these areas, we will perform environmental work to
determine if there are any factors that should be incorporated into the design or construction of the

8. The upshot is that, before SBI begins construction in any area covered by this waiver, an
environmental analysis will have been done, and any relevant findings from that analysis will be
considered by SBI in the construction of the fence.

Thanks – please let me know if you can do a quick turn.


From: (b) (6)

Sent: Friday, March 28, 2008 1:37 PM
To: (b) (6)
Subject: RE: Waiver Statement

When I read sentences like this, I think we’re dealing with an un-updated statement:

“ Through the SBI program, DHS is planning to install additional border infrastructure on
approximately 700 miles of the southwest border, including pedestrian and vehicle fencing,
roads, and virtual detection technology.”

Is planning? 700 miles?

From: (b) (6)

Sent: Friday, March 28, 2008 1:30 PM
To: (b) (6)
Subject: Waiver Statement

Why does it only talk about the Border Patrol FY 2006 report, not the FY 2007? If there was a 2007
report, please get me some sentences immediately to put into the statement.

(b) (6)
General Counsel, Acting
U.S. Department of Homeland Security
(b) (6) (office)
(b) (6) (mobile)

Confidential Assistants:
(b) (6)

This message and any attachments may contain attorney-client communications, attorney work product, and department deliberative
communications, all of which may be privileged and not subject to disclosure outside the department or to the public. Consult with the
Department of Homeland Security, Office of the General Counsel, before further disseminating any information contained in this e-mail.