As shown in table 1, these components and  offices have a variety of roles in supporting border security efforts on  Indian reservations. DHS Is Coordinating with Tribes on Border Security, but Could Strengthen Efforts by Establishing Agreements and Oversight

		DHS and Tribes Use a Variety of Methods to Coordinate on Border Security and Report Positive Aspects of This Coordination

The Border Patrol is coordinating and sharing information with tribes in a  number of ways to address border security issues. The Border Patrol and  six tribes reported using one or more of the following coordination  methods: Operation Stonegarden—a DHS grant program intended to  enhance coordination among local, tribal, territorial, state, and federal law  enforcement agencies in securing United States borders—task forces  such as BESTs and IBETs, fusion centers, tribal and public land liaisons,  and joint operations and shared facilities to coordinate on border  security. Specifically, officials from five of the eight  tribes we reviewed reported coordination challenges related to not  receiving notification and information from federal agencies, including the  Border Patrol, regarding federal law enforcement activity on their  respective reservations. Both Border Patrol and tribal officials reported that a written government- to-government agreement could benefit their border security coordination. The Tribal Desk, which is responsible  for coordinating tribal consultation and outreach with the component  liaisons, holds monthly teleconferences with these liaisons to discuss  tribal issues and programs, according to IGA and Tribal Desk officials. Such monitoring should be performed  continually; ingrained in the agency’s operations; and clearly documented  in directives, policies, or manuals to help ensure operations are carried  out as intended. Additionally, DHS officials reported that they did not  establish an advisory council because of personnel limitations, among  other issues. Further, such a mechanism could help DHS enhance its  awareness of and accountability for components’ border security  coordination efforts with the tribes and better look across the department  to determine the progress being made and the improvements needed to  more effectively coordinate border security with the tribes. Government-to-government agreements with tribes to  address specific challenges, such as federal agency notification to tribes  of law enforcement actions occurring on the reservation, that have  emerged between the Border Patrol and individual tribes could help better  position the Border Patrol and the tribes to resolve their coordination  challenges and better work together to secure the border. Recommendations for Executive Action

To enhance DHS-tribal coordination on border security on Indian  reservations, including DHS’s monitoring and oversight of these  coordination efforts, we recommend that the Secretary of Homeland  Security take the following two actions: examine, or direct CBP to examine, as appropriate, the potential  benefits of government-to-government written agreements with tribes  facing border security threats, and develop and implement a mechanism to monitor DHS’s department- wide border security coordination efforts with tribes. DOJ and DOI did not provide written  comments to include in this report. Regarding the second recommendation, that DHS develop and  implement a mechanism to monitor DHS’s department-wide border  security coordination with tribes, DHS concurred.
Why GAO Did This Study

Individuals seeking to enter the United States illegally may attempt to avoid screening procedures at ports of entry by crossing the border in areas between these ports, including Indian reservations, many of which have been vulnerable to illicit cross-border threat activity, such as drug smuggling, according to DHS. GAO was asked to review DHS's efforts to coordinate border security activities on Indian reservations. This report examines DHS's efforts to coordinate with tribal governments to address border security threats and vulnerabilities on Indian reservations. GAO interviewed DHS officials at headquarters and conducted interviews with eight tribes, selected based on factors such as proximity to the border, and the corresponding DHS field offices that have a role in border security for these Indian reservations. While GAO cannot generalize its results from these interviews to all Indian reservations and field offices along the border, they provide examples of border security coordination issues. This is a public version of a sensitive report that GAO issued in December 2012. Information that DHS, the Department of Justice (DOJ) and the Department of the Interior (DOI) deemed sensitive has been redacted.

What GAO Found

The Department of Homeland Security (DHS) is coordinating in a variety of ways with tribes, such as through joint operations and shared facilities and Operation Stonegarden--a DHS grant program intended to enhance coordination among local, tribal, territorial, state, and federal law enforcement agencies in securing United States borders. However, the Border Patrol and tribes face coordination challenges. Officials from five tribes reported information-sharing challenges with the Border Patrol, such as not receiving notification of federal activity on their lands. Border Patrol officials reported challenges navigating tribal rules and decisions. Border Patrol and DHS have existing agreements with some, but not all, tribes to address specific border security issues, such as for the establishment of a law enforcement center on tribal lands. These agreements could serve as models for developing additional agreements between the Border Patrol and other tribes on their specific border security coordination challenges. Written government-to-government agreements could assist Border Patrol and tribal officials with enhancing their coordination, consistent with practices for sustaining effective coordination. DHS established an office to coordinate the components' tribal outreach efforts, which has taken actions such as monthly teleconferences with DHS tribal liaisons to discuss tribal issues and programs, but does not have a mechanism for monitoring and overseeing outreach efforts, consistent with internal control standards. Such monitoring should be performed continually; ingrained in the agency's operations; and clearly documented in directives, policies, or manuals to help ensure operations are carried out as intended. Implementing an oversight mechanism could help enhance DHS's department-wide awareness of and accountability for border security coordination efforts with the tribes while identifying those areas that work well and any needing improvement.

What GAO Recommends

GAO recommends that DHS examine the benefits of government-to-government agreements with tribes and develop and implement a mechanism to monitor border security coordination efforts with tribes. DHS concurred with our recommendations.