Office for Domestic Preparedness 

U.S. Department of Homeland Security 

Washington, DC 20531

ODP Information Bulletin 

No. 135 October 1, 2004 

TO: State Administrative Agencies 

FROM: C. Suzanne Mencer 

SUBJECT: Enhancement of Border Security 

The U.S. Department of Homeland Security (DHS) Office for Domestic Preparedness (ODP) is 

revising program guidance for operational overtime costs associated with providing enhanced law

enforcement operations in support of federal agencies for increased border security and border 

crossing enforcement in selected states, during the pre-election and pre-inauguration period of 

heightened terrorist threat. Effective October 1, 2004, through January 21, 2005, northern and 

southern border jurisdictions may use available Critical Infrastructure Protection (CIP) funds received 

through the FY 2003 State Homeland Security Grant Program, Part II (SHSGP II) to support these 

activities. 

Reimbursement for State, tribal, and local law enforcement participation in these operations will be 

contingent upon approved operational plans developed jointly between State, tribal and local law 

enforcement officials and Customs and Border Protection (CBP)/Border Patrol sectors. To ensure 

expedited implementation, States seeking to participate in this initiative must submit operational plans 

no later than October 22. Plans must be approved by Customs and Border Protection Headquarters. 

HQ-CBP will provide a nationally focused HQ structure to evaluate operational plans, which will 

delineate the goals and execution phases of the mission, including specific areas and activities to be 

targeted, which thereby ensures a homeland security focus. 

Proposed operational activities should emphasize those measures that will increase border security in 

direct coordination with CBP personnel. State, tribal, and local law enforcement personnel may 

provide increased enforcement presence by generally increasing their patrol presence at the border; by 

providing additional traffic control support at the border and at border patrol traffic checkpoints; and 

by enhancing their participation in the Integrated Border Enforcement Teams (IBETs). This policy

does not result in a change or extension of Federal authority to State, tribal, or local law enforcement 

agencies to enforce Federal immigration laws, though we anticipate the increased law enforcement 

presence will deter unauthorized entry into the United States. If Federal immigration violations are 

encountered, consistent with current practices, State, tribal, and local agencies may refer those 

violations to CBP authorities for appropriate action. Such referrals should be consistent with the 

policies of the referring agency. 

No funds may be obligated or drawn down in support of these activities without HQ-CBP approval of 

operational plans and without submission to and approval by ODP of budget detail worksheets. State, 

tribal, and local law enforcement agencies shall not use this funding to supplant their inherent routine 

patrol and law enforcement operations or activities in order to perform other activities not directly 
related to providing an enhanced law enforcement presence. Funding will only be provided to the 

extent that participating law enforcement agencies can demonstrate that the specific operations to be 

reimbursed were not being performed prior to October 1, 2004, and grant funds cannot be applied 

retroactively to costs incurred prior to the effective date of this revised policy. This bulletin applies 

only to the threat period running through January 21, 2005, after which the specific policy outlined in 

this bulletin shall expire. 

Attached please find Border Patrol sector contacts for your state. These contacts will coordinate 

operational implementation of this bulletin. States will provide the appropriate budget detail worksheet 

to their Preparedness Officers for these expenditures as noted in the ODP program guidance. 

For further information, please contact your Preparedness Officer or the ODP Helpline at 1-800-368-

6498. 

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