Border fence to expand

Filed under: Bad Judgment, Immigration, Public Lands, The Border, Wildlife — Rebecca Clarren at 9:26 am on Thursday, April 3, 2008
Rebecca Clarren

Rebecca Clarren

Yesterday Michael Chertoff, Secretary of the Department of Homeland Security, announced he will waive the environmental review required by 36 federal laws in order to speed construction of an 18-foot high fence along the Mexico border. The two waivers cover 470 miles of the border from California to Texas, plus a separate 22-mile span in a Texas wildlife refuge. The fence, to now be completed by the end of this year, will block illegal border crossers that travel by foot and car. The department has already built 309 miles of fence. As reported today by the New York Times,

Previously, Mr. Chertoff had used his waiver authority three times to overcome environmental hurdles along limited segments of the border in San Diego and Arizona. But as the department strives to meet a deadline of year’s end for nearly 700 miles of fencing, he has now greatly expanded the use of his waiver authority, which was granted by Congress as part of the “Real ID Act.”

“We value the need for public input on any potential impact of our border infrastructure plans on the environment,” said Chertoff in a prepared statement, “and we will continue to solicit it.”

It’ll be a little late for solicitation after we power the bulldozers, build a concrete wall, and install extra cameras, towers and roads. Such actions conducted with no environmental review or public process is shortsighted and arrogant.

The Southwest border is 2,000-miles long and spans the Sonoran desert, wilderness areas such as Cabeza Prieta National Wildlife Refuge, the Organ Pipe Cactus National Monument, and the BLM’s San Pedro Riparian National Conservation Area. There live a number of endangered and threatened species - the jaguar, ocelot, Gila monster and Sonoran pronghorn. On the Line, a 2006 report by Defenders of Wildlife, outlines what’s at stake in terms of wildlife habitat and how enforcement activities along the border compound the problems caused by illegal immigration.

The wall will cut off migration route for many of these species and will bisect a series of dry washes. During monsoon season water will pool behind the wall, causing erosion that could eventually alter existing willow forests and other habitat.

“Laws ensuring clean water for us and our children—dismissed. Laws protecting wildlife, land, rivers, streams and places of cultural significance—just a bother to the Bush administration. Laws giving American citizens a voice in the process—gone. Clearly this is out of control,” said Rodger Schlickeisen, president of Defenders of Wildlife in a statement.

Both Defenders and the Center for Biological Diversity, based in Tucson, support the Borderlands Conservation Security Act, a bill sponsored by Arizona Representative Raul Grijalva that would require public participation in border security decisions such as this and ensures compliance with environmental laws. Since last summer the bill has been tabled in the House subcommittee on Border, Maritime and Global Counterterrorism.

I’ve been to the border and seen the impact all of our failed immigration policies have on the landscape. As I described in a Writers on the Range Piece, I’ve walked through thick heat in the mountainous Forest Service lands that kiss the Mexican desert and seen the tonnage of trash and some of the hundreds of new trails carved by illegal border crossers. People left everything as they passed through – jeans, cards, underwear. There were a pair of small pink shoes; I still wonder what happened to their owner.

Ironically this new fence might give localized areas a break from the trash and traffic, only to shift the environmental impact elsewhere. Because I don’t believe this fence can stem the tide of illegal immigrants. For nearly a decade now, each new restriction along the border has simply funneled the Mexicans and Guatemalans, drug smugglers and people desperate for better paying jobs, into increasingly treacherous areas. Build the fence; they’ll still come. They’ll just move into more dangerous locals.

Another article in the press today, this one by AP, describes how more than 2,000 people have died in the Southwest border region since 2002. For many of them, their bodies remain unidentified and they’ve been buried far from home in cemeteries near the border. Between 4.5 and 6 million people evaded checks at the border to enter America illegally. This fence can’t possibly be the solution – for people and for the environment.

In response to Chertoff’s earlier use of waivers, a few weeks ago, Defenders filed a petition with the Supreme Court to fight the constitutional authority of the Bush Administration to use such broad power. The groups will hear by late spring if the Court will hear its case. Let’s hope it will. Let’s hope it won’t be too late.

4 Comments »

Comment by Ed Weirdness

April 3, 2008 @ 11:41 am

I wonder how many of these landowners that are seeking to obstruct the survey of their property are doing so for less than altruistic reasons? Its common knowledge that rural landowners often erect structures or otherwise improve their property, without informing “tax authorities” regarding these improvements (most rural landowners consider this avoidance of taxes a “perk” to living way out).

I would also wonder how many of these landowners might find themselves subject to fines or fees for violation of pollution, clean water regulations or simple code violations if survey teams were granted access?

As for the City Leaders opposing the fence construction, I can only speculate that they might want to prevent close scrutiny as to how the “city government” came to control the property in the first place? Tax payers own public property, Cities don’t. I would note that any elected official who supports their cities land speculation practices, probably deserves closer scrutiny. Particularly those politicians who would “pick a legal fight” with the Federal government using tax payer funds. I doubt that many of these Mayor’s actually put their actions to a vote.

DHS is not “taking” property, rather they are only seeking access in order to determine the best, most cost effective route for fence construction. While dozens of landowners object to the survey, the overwhelming majority understand and support contruction of the fence. For many landowners it provides value for their unused or unuseable land adjoining the border.

Considering the public outrage over the eminent domain nightmare that Governor Perry will assert in building his hated Trans Texas Corridor, any sums being offered by the Federal Government for the small amount of a landowners property that might be required to build the fence would seem a much better deal. Why wouldn’t the largest “eminent domain land grab in history” (the TTC) have a negative impact on wildlife? Particularly seeing as how the TTC will be a quarter of a mile or more wide in some areas. Certainly a road thousands of feet wide might be environmentally more dangerous than a fence only a few meters wide?

Its my understanding that the fence is not going to be monolithic, but rather a series of fences, barricades, levees, etc,, located in areas where the terrain and the environment do not already present formidable obstacles to illegal entry. Personally, I remain sanguin for the long term prospects of any border wildlife species that cannot exist in proximity to a fence, intended, designed, and constructed to impede, specifically, bipedal foot and vehicular traffic. Arguably, eliminating or redirecting thousands of illegals crossing daily in certain areas might encourage the return of some species to these areas.

Also, the infrastructure and improvements necessary to constructing the fence (i.e. roads, water, electricity, telephones, etc,,,) and the jobs in building, patrolling and maintaining the fence, would be a boon to rural residents and communities. Indeed, bringing roads, water, electricity and phones to some rural areas would most likely improve the property values in that area.

Certainly the small businesses that invariably spring up around the “points of entry” the fence would create would have value to these rural populations.

No one suggests that errecting the fence is the entire solution. However; no one can argue that deterring illegals by placing impediments in their path (fences & barricades, levees, etc,,,), using employer sanctions with strict interior enforcement, and eliminating the jobs and benefits magnet, in combination, will significantly aid in addressing the problem of illegal immigration.

Given the success of the San Diego fence (some estimate that illegal entry at this location has declined by 50 to 70%), if only 20% of illegal aliens are deterred by the fence, the savings in health care, social services, law enforcement, depressed wages and increased tax burdens would more than justify the expense of construction and maintenance of the fence.

Overpopulation, congestion, urban sprawl, pollution, diminishing natural resources, crumbling infrastructure, overcrowded schools and emergency rooms, vanishing farm land and green space, lack of affordable housing all have negative environmental consequences, and all to a great extent are the result of unconstrained immigration. I am skeptical that the environmental consequences of building a narrow fence corridor can be any more negative than the continued overpopulation of our country as a whole! I daresay that many of the tax payer dollars going to service the costs of unsustainable immigration might be better spent addressing the environmental threats confronting our Citizens, and improving and advancing green energy and renewable energy sources!

Further, I would argue that given recent political beligerance south of our border (i.e. events in Columbia, Ecuador, and Venezuela), and in view of present world wide economic conditions, building a fence and barriers is vital to our economic and security interests.

Indeed, one need look no farther than the daily news to understand the havoc that a refugee crisis or military confrontation can have on neighboring nations. Our workers and our economy are usually only a week away from disaster. The “choke points” that a fence and barricades would provide in the event of a “refugee crisis” or “military action” south of the border might be the only thing standing between us and world economic depression and perhaps war.

Comment by Matt

April 4, 2008 @ 11:10 pm

I don’t like the idea of a fence breaking up wildlife migration coridors or destroying archaeological sites. But everytime anything else is proposed such as throwing out the anchor baby loophole, deporting illegals, punishing businesses that hire illegals, etc we hear the same old “human rights” garabage again and again. You do not have a right to sneak into another country. We could skip this whole fence idea and save the environment that will be impacted with an easy solution. Put all that time, money, and manpower into rounding up the 20 million illegals in this country and get rid of them. But the Amnesty International/ACLU/La Raza crowd will never let that happen. So, as a consequence, jaguars will never be re-established north of the border. The gopher tortoise population will be impacted. Ocelots, jagurundi, and a lot of other wonderful creatures will be impacted. And all because Mexico is a terrible neighbor.

Comment by Mark Wright

April 4, 2008 @ 11:35 pm

Fixing what is actually a foriegn trade and manufactoring diametric with a fence makes about as much sense as tying a leg up, then going to an @ss kicking contest.

In the meantime…and considering the DC corp club visible display of communist tactic type posturing throughout the USA system now….this is a fence that in the future will most likely be used to keep people IN…not out.

Comment by No Border Wall

April 5, 2008 @ 10:53 am

Obeying the law is not voluntary, it is mandatory, and Secretary Chertoff cannot claim that he is sweeping aside a host of laws on the border in defense of immigration laws. In a nation of laws all laws must be respected, not just those that are convenient.

Equal protection under the law is meant to be a fundamental right shared by every American, but the Real ID Act makes the legal rights of citizens who live near the border conditional on Secretary Chertoff’s whims. Section 102 of the Real ID Act of 2005 states, “Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive all legal requirements such Secretary, in such Secretary’s sole discretion, determines necessary to ensure expeditious construction of the barriers and roads under this section.” No one else is granted this extreme power under any circumstance. The president cannot waive our nation’s laws even in times of national crisis, and Secretary Chertoff cannot waive the laws that protect citizens who live away from the border. Only border residents may have their legal protections waived.

Secretary Chertoff claims that the Secure Fence Act mandates walls along the border, and he therefore has no choice but to build border walls no matter the cost. The walls that are scheduled for construction in 2008 will destroy homes, businesses, and farms, will slice through communities, parks, and wildlife refuges, and will cost tens of billions of dollars. Border walls will not stop anyone from entering the United States, and in July 2007 the Congressional Research Service concluded that the California border wall “did not have a discernible impact on the influx of unauthorized aliens coming across the border in San Diego.” Recognizing this fact language was inserted into the 2007 Omnibus Spending bill that allowed Secretary Chertoff to decide whether or not walls would be built in a given area based on tactical considerations, and required that he consult with local stakeholders. Despite the fact that his hands are no longer tied, Secretary Chertoff prefers to act as though the Secure Fence Act is still the law of the land, and it is apparently the only law that he continues to respect.

In announcing the Real ID waivers Secretary Chertoff said, “Criminal activity at the border does not stop for endless debate or protracted litigation.” The waivers are essentially an admission that the border wall will itself violate up to 36 federal laws, making construction of the wall a criminal act. If Chertoff is genuinely concerned with criminal activity he should ensure that the agency that he oversees complies with the law.

The only reason for Secretary Chertoff to waive these laws is because he knows that the border wall will violate them. In setting these 36 federal laws aside Secretary Chertoff sets himself above the law. If congress allows unchecked power to remain in the hands of an unelected administration appointee they are complicit in fundamentally undermining the rule of law. Leaving the Real ID Act on the books and allowing Chertoff’s waivers to stand sets a precedent that should outrage the American people. If our nation’s laws can be set aside to build a border wall today, they may be similarly set aside for whatever crisis politicians discover in the next election cycle.

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