No Border Wall Announces a New Website

We are pleased to announce that the new No Border Wall website is up and running at

www.No-Border-Wall.com

This site is designed to be a comprehensive guide to the U.S.-Mexico border wall--its history, its ineffectiveness, types of wall designs, and the problems it has caused. There is also a geographical breakdown that details the damage walls have caused in specific regions. With loads of information and citation links to documents and newspaper articles embedded throughout, it is our hope that this site will become a point of entry into the issue for reporters, researchers, policy makers, and the general public.

The updated website comes at a particularly important time, with candidates for office as far from the border as Rhode Island running on border militarization. This often includes calls for more border walls, even double-layered walls from coast to coast, despite the tremendous financial, social, and environmental cost that this would inflict upon the United States. National policies of this magnitude must be based on facts, rather than misleading sound bites. That is why we have made every effort to ensure the accuracy of the information that is presented on the website.

Walling off Texas' Last Sabal Palm Forest

By Scott Nicol

On April 19, Kiewit construction crews began clearing ground for yet another section of border wall just east of Brownsville, Texas on land that was, until the prior week, part of the Nature Conservancy’s Lennox Foundation Southmost Preserve. The 18-foot tall steel wall will cut off 95% of the 1,034 acre preserve. As with the more than 400 other landowners whose property the Department of Homeland Security (DHS) has condemned, the Nature Conservancy was only offered compensation for the exact footprint of the wall – a strip 60 feet wide and 6,000 feet long – not the land that will be behind the wall. In DHS’ limited view, $114,000 is “just compensation” for walling off lands purchased in 1999 for $2.6 million.

Kiewit construction sign in front of the South Texas border wall

Before the order granting the federal government possession of their land, the Nature Conservancy had attempted to use the courts to force DHS to provide compensation and guarantee access to its property. The Department of Homeland Security has stated that the new border wall will have gates, but they have refused to explain under what circumstances they will be opened to permit access to areas behind the wall. With no way of knowing if staff or eco-tourists will be allowed into the Southmost Preserve, it is hard to see how they can continue to operate. Faced with a similar situation, the neighboring Sabal Palms Audubon Sanctuary simply took down its sign and ceased operations.

The Southmost Preserve contains one of the last of the sabal palm forests that once enveloped the mouth of the river. Before it was called the Rio Grande in the United States and the Rio Bravo in Mexico, the river was known as the Rio de las Palmas to Spanish explorers and conquistadors, who used the palm forest at its mouth as a landmark as they sailed along the Gulf Coast. Then dense groves of sabal palms followed the river up to 80 miles inland, but today the last stands are confined to one tract of the Lower Rio Grande Valley National Wildlife Refuge, the former Sabal Palms Audubon Sanctuary, and the Nature Conservancy’s Southmost Preserve. All three are now behind the border wall.

Border wall under construction in front of Sabal Palms Audubon Sanctuary

Federally listed endangered species, including the ocelot and jaguarundi, depend upon riparian habitat along the Rio Grande for their continued survival. Naturally solitary animals, they require large territories in which to hunt, find mates, and disperse after they are weaned. But South Texas has lost roughly 95% of its historic vegetative cover to urban development and agriculture.

Habitat fragmentation, in which disconnected “islands” of habitat are separated by large areas cleared of vegetation, split by roads, or divided by other impediments to movement, poses a tremendous threat to these species’ long-term survival. Ocelot and jaguarundi trapped within too-small habitat “islands” may not have sufficient prey or access to water, and often show evidence of inbreeding. Today, the Rio Grande Valley is home to the less than 80 ocelots and 40 jaguarundi that are still believed to survive in the United States.

The Lower Rio Grande Valley National Wildlife Refuge was established to address the threat to the survival of ocelot, jaguarundi, and other wildlife posed by habitat fragmentation. Over the years 113 individual tracts of land, totaling 88,044 acres, have been acquired, with a goal of using the ribbon of riparian habitat along the Rio Grande as a wildlife corridor to link them. Though not operated by US Fish and Wildlife, the Southmost Preserve and Sabal Palms Audubon Sanctuary are critical parts of the corridor. Bound together by the river, it was hoped that they would provide sufficient resources and allow for the necessary mobility to prevent the extirpation of these endangered cats.

Mile after mile of border wall now slice through the LRGV National Wildlife Refuge; along the northern border of the Sabal Palms Audubon Sanctuary; and soon will tear through the Nature Conservancy’s Southmost Preserve, fragmenting habitat that was painstakingly pieced together over the course of many years. The walls that break apart the wildlife corridor may prove to be the final nail in the coffin for ocelots and jaguarundi.

Sabal Palms Audubon Sanctuary closed

Though the border walls called for by the Secure Fence Act are nearly finished, the threat of Congressionally mandated damage to the borderlands continues. With mid-term elections looming, many politicians hope to exploit fears of “spillover violence” and a Mexican “reconquista” in their bids to stay in office. Calling for the erection of more walls and the deployment of troops may not be sound border policy, but it is a sure-fire way to land an interview on Fox news, which is tantamount to a free campaign ad. The border environment is then either used as a scapegoat or ignored.

Claiming that federal land managers are “hiding behind the law” and preventing the Border Patrol from doing their job, recently Representative Rob Bishop introduced legislation that would prevent the Department of Interior from “impeding” Homeland Security’s attempts to fulfill the Secure Fence Act’s mandate. Rep. Bishop, whose Utah district lies 800 miles north of the U.S. – Mexico border, failed to ask the Border Patrol if the Department of the Interior’s stewardship of public lands was in fact interfering with their operations. Brandon Judd, vice president of Local 2544 of the National Border Patrol Council, spoke out against Rep. Bishop’s bill, stating that without environmental regulations, “you would destroy the land.”

Last week the Senate held hearings on border security and the failure of Boeing’s multi-million dollar “virtual fence.” The Senators did not discuss the environmental impacts of the border wall, or address the underlying economic factors driving immigration, or even consider whether or not it made sense to continue “enforcement only” immigration policies. Instead Connecticut Senator Joe Lieberman, chairman of the Homeland Security and Governmental Affairs Committee, suggested that, "The best answer to this continuing crisis and continued flow of illegal immigrants into the U.S. is to go back to the old-style fences, double- and triple-tiered, and layered."

"Triple fence" border wall design in San Diego, California

So while we may want to believe that border wall construction, and the accompanying destruction of border ecosystems, is finally coming to an end, the truth is that so long as politicians believe that militarizing the border plays well in their home districts they will continue to draft legislation calling for more border walls. To voters in Utah and Connecticut sabal palm forests along the Rio Grande are no more real than the forests in Avatar. When the palm forests are gone most won’t notice their passing.

This is why it is so important for those of us who can see the damage that is being inflicted upon the borderlands, and who will mourn the loss of sabal palms, ocelots, and the rest of our unique environment, to make certain that when these decisions are made far from the border our voices are heard. We cannot allow ecosystems that predate the founding of the United States and Mexico to be destroyed just to score points in an off-year election. As John Muir said, “God has cared for these trees, saved them from drought, disease, avalanches, and a thousand tempests and floods. But he cannot save them from fools.”

Border Walls are Ineffective Speed Bumps in the Desert

By Scott Nicol

All of the imagined benefits of the border wall flow from the assumption that if walls are built they will stop undocumented traffic from coming across. Politicians claim that building 700 miles of wall along our 1,933 mile long southern border, while ignoring the 3,987 mile long northern border and 12,479 miles of coastline will somehow allow the Department of Homeland Security to achieve the Secure Fence Act’s goal, to “achieve and maintain operational control over the entire international land and maritime borders of the United States.”


Crossers climbing the “triple fence” near San Diego, California. Photo by Laura Garcia.

In fact, the Border Patrol’s own statistics show that the border walls have not brought about a decrease in illegal entries. The border patrol uses the number of border crossers apprehended in a given sector to gauge the overall number of attempted crossings. Apprehensions dropped dramatically between 2005, the year before the Secure Fence Act was passed, and 2007, the year after. But the decrease did not occur in areas where border walls had been built. On the contrary, the greatest reductions in apprehensions, which according to the Border Patrol would indicate a successful strategy for stopping undocumented immigration, were seen in sectors that did not have walls. Texas’ Rio Grande Valley sector saw a 45.3% decrease in apprehensions, bringing them to a 15 year low. The Del Rio, Texas, sector saw a 66.5% decrease. Neither sector had an inch of border wall before 2008. In sectors such as Tucson, which saw walls built shortly after passage of the Secure Fence Act, the reduction in apprehensions began before any wall posts were erected. The areas that saw an increase in crossings were California’s San Diego and El Centro sectors, both of which have had border walls for over a decade. At the same time that the unwalled border witnessed dramatic decreases in crossings, heavily fortified San Diego saw a 20.1% increase.

Even before the passage of the Secure Fence Act, it was clear that border walls did not reduce the number of people entering the United States. The Congressional Research Service found that the number of border crossers apprehended nationally in 1992 was the same as the number apprehended in 2004, after walls in San Diego had been erected. They concluded that migrant traffic had simply shifted to more remote areas in Arizona and that “increased enforcement in San Diego sector has had little impact on overall apprehensions.” Migrants were not stopped by border walls; they simply went around them.

Other researchers have studied the effectiveness of the border wall and border enforcement by analyzing how successful migrants are at getting through it. The Migrant Policy Institute found that 97% of undocumented immigrants eventually succeed in entering the United States, a number that has been unchanged since the first border walls went up in 1995. Wayne Cornelius, Director of the Center for Comparative Immigration Studies at the University of California-San Diego told the House Judiciary Committee that according to his research,

Tightened border enforcement since 1993 has not stopped nor even discouraged unauthorized migrants from entering the United States. Even if apprehended, the vast majority (92-97%) keep trying until they succeed. Neither the higher probability of being apprehended by the Border Patrol, nor the sharply increased danger of clandestine entry through deserts and mountainous terrain, has discouraged potential migrants from leaving home.

Assertions by pundits and politicians that walls will allow the U.S. to “secure” its southern border are patently false. Spokespersons for the Border Patrol tend to describe it much more modestly. Del Rio, Texas, Border Patrol Chief Randy Hill said, “We're going to see steel barriers erected on the borders where U.S. and Mexican cities adjoin. These will slow down illegal crossers by minutes.” Not stop crossers, or allow the Border Patrol to “achieve and maintain operational control” of the border, but slow them down by “minutes.” As Border Patrol spokesperson Mike Scioli said, “The border fence is a speed bump in the desert.”

Even Bush administration Secretary of Homeland Security Michael Chertoff said in 2007, “I think the fence has come to assume a certain kind of symbolic significance which should not obscure the fact that it is a much more complicated problem than putting up a fence which someone can climb over with a ladder or tunnel under with a shovel.”

Mile upon mile of border wall have been built, with no apparent thought given to efficacy, because the Secure Fence Act only mandated a mile count. There is no requirement that border walls have any measurable impact on immigration or smuggling, and in 2009 the Government Accountability Office found that the Department of Homeland Security had made no effort to determine whether or not walls were having any effect. Even the Border Patrol has questioned whether walls are being built in some locations for political, rather than operational, reasons. In a 2007 email obtained by the Center for Responsibility and Ethics in Washington (CREW) through a Freedom of Information Act request, the Assistant Chief Patrol Agent for the Yuma sector asks, “will we be getting fence where we don’t need it in our sector for the sake of putting up the required mileage?” The miles of unnecessary border wall that he referred to have since been built through the Imperial Sand Dunes of Southern California.


Border Wall in the Imperial Sand Dunes. Border Patrol photo.

Despite its “symbolic significance” and its possibly arbitrary placement, the border wall comes with a real price tag. In 2007 the Congressional Research Service estimated that the border wall could cost as much as $49 billion to build and maintain. Since then the costs of construction have risen dramatically. The Army Corps of Engineers reported that the cost of building “pedestrian fences” has increased from an average of $3.5 million per mile to $7.5 million per mile. The cost of building vehicle barriers on the border is now $2.8 million per mile. Some sections of border wall are particularly expensive: the walls that have been inserted into the levees in south Texas averaged $12 million per mile; in California, a 3.5 mile section that involved filling in canyons cost taxpayers $57 million. In 2008, the Department of Homeland Security asked Congress to allocate an additional $400 million for border wall construction, because the $2.7 billion already spent was not enough to finish out the year.

Why would members of Congress vote to spend billions of taxpayer dollars on border walls that do not work?

Simply put, for members of Congress who do not live beside the border, and do not count on the votes of those who do, the border wall is an abstraction. The reality that the border wall has little or no impact on border crossings is irrelevant. The reality that more than 400 property owners have had their property condemned is irrelevant. The reality that federally designated wilderness areas and wildlife refuges have been severely impacted is irrelevant. The politicians who voted for border walls were voting for a symbol, something that could be used to give voters a false sense of security during election cycles, and nothing more.

The Border Wall's Ongoing Environmental Toll

By Scott Nicol

In 1996 the United States Congress called for the construction of “triple layered fencing” along the U.S.-Mexico border, beginning in the Pacific Ocean and extending 14 miles into California. This was to consist of parallel 10 to 15 foot high steel walls, with 50 feet of land in between graded and cleared of all vegetation, and the entire expanse lit by stadium floodlights. The Border Patrol also proposed filling in canyons and scalping mountains to give the new walls and road a level path. The California Coastal Commission determined in 2004 that these initial border walls would violate the Coastal Zone Management Act. Of particular concern was the damage that walls would do to the Tijuana River National Estuarine Research Reserve, the largest of the remaining California salt marshes, which harbors many endangered plant and animal species. The Sierra Club, Audubon Society, and other environmental groups also challenged the border wall in court. Construction came to a halt.

Congress responded by passing the Real ID Act of 2005, which gave the Secretary of Homeland Security the power to waive all laws that might slow construction of border walls, and also curtailed normal judicial review. President Bush’s Secretary of Homeland Security, Michael Chertoff, used this unprecedented power to “waive in their entirety” the Coastal Zone Management Act, the National Environmental Policy Act, the Endangered Species Act, the Migratory Bird Treaty Act, the Clean Water Act, the Clean Air Act, and the National Historic Preservation Act in order to resume border wall construction. The challenges brought by the California Coastal Commission and environmental organizations were thrown out when the laws that they were based upon were waived.

When Congress passed the Secure Fence Act in 2006, the power to waive laws granted by the Real ID Act carried over to all of the walls that the new law mandated. The Secure Fence Act called for over 700 hundred miles of new border wall extending from California into Arizona, New Mexico, and Texas, stopping just short of the Gulf of Mexico. Its path takes it through some of our nation’s most fragile and biologically diverse protected lands. Over the years former Homeland Secretary Chertoff issued 5 separate waivers under Real ID, setting aside 36 federal laws and, “all federal, state, or other laws, regulations and legal requirements of, deriving from, or related to the subject of” those named laws. The waivers encompass the broad subjects of water, air, wildlife, and the environment, leaving few, if any, federal, state, or other environmental laws in place. In addition to brushing aside environmental protections, laws relating to farmland, archaeological and historic sites, religious freedoms, and Native American graves were also suspended.




Construction of the massive earthen berm to fill in Smuggler’s Gulch. Border Patrol photo.

With no need to obey environmental laws, the Department of Homeland Security (DHS) filled in the canyon known as Smuggler’s Gulch, south of San Diego, with over 2 million cubic yards of earth that had been ripped from adjacent mountaintops, and planted the border wall on top of the berm. With no regulations in place and no oversight by other agencies, DHS put little effort into erosion control, and the still bare slopes of the earthen dam threaten to wash tremendous amounts of dirt into the Tijuana River National Estuarine Research Reserve, which is only 600 feet away. Burying the estuary in sediment may raise its surface level enough to disrupt the twice-daily inundation of sea water upon which its fragile ecosystem depends.

To the east of Smuggler’s Gulch, in the rugged Otay Mountain Wilderness Area, DHS has blasted mountainsides in order to create access roads and level ground upon which to build the border wall. Before construction began the Environmental Protection Agency raised concerns that the dumping of tons of rubble, and the erosion that would follow, would clog the Tijuana River and violate the Clean Water Act. The Otay Mountain Wilderness Area was established in part to preserve some of the last stands of rare tecate cypress trees, the host plant for the even rarer Thorne’s hairstreak butterfly, which are found nowhere else in the United States. But with the Real ID Act’s waiver authority in hand, DHS has ignored the EPA’s concerns and our nation’s environmental laws, including the Otay Mountain Wilderness Act and the Clean Water Act. Border wall construction caused tremendous erosion, as predicted, and also involved cutting down more than 100 tecate cypress trees.

In July of 2008 the Organ Pipe Cactus National Monument received seasonal monsoon rains which resulted in the flooding of a number of washes that are bisected by the border wall. Storms of this type normally occur every 3 – 5 years in this part of the Sonoran desert. The Army Corps of Engineers had previously stated that the border walls built across washes would "not impede the natural flow of water.” In stark contrast to these claims, the National Park Service determined that the grates built into the base of the wall to allow for the passage of water were quickly choked with debris and sediment. The border wall then acted as a dam, with floodwaters up to seven feet deep piling up behind it. The floodwaters then followed the wall in search of an outlet, which they found at the Sonoyta port of entry, causing millions of dollars of damage to private businesses and government buildings.



Flood debris backed up by the border wall in Organ Pipe Cactus National Monument. National Park Service photo.

The U.S.-Mexico border consists of hundreds of miles of public and protected lands, which is habitat for scores of species. The border wall and patrol road slicing through these areas fragments the habitats of the animals that live here. Cut off from their usual range, populations may not have access to mates in other groups, a necessity for a genetically diverse, healthy population. Border walls also block animals from food and water sources, which leaves them especially vulnerable in times of drought. As the border wall funnels migrants into rugged, remote terrain and Border Patrol vehicles pursue them, they damage fragile ecosystems and disturb sensitive wildlife, like the bighorn sheep and the desert tortoise, both of which are endangered.

Endangered jaguars, which were almost entirely extirpated in the United States, have been photographed and even captured in Southern Arizona and New Mexico in recent years. In 1997, the jaguar was placed on the endangered species list in hopes of reviving U.S. populations. While their former range extends into all four southern border states, the individual animals which have been seen in Arizona likely came into the U.S. from Mexico, where larger populations live. With routes from Mexico almost completely sealed off by the border wall, establishing a healthy breeding population of jaguar in the U.S. may no longer be possible.

South Texas is home to ocelots and jaguarundi, both of which are listed under the Endangered Species Act. Agricultural and urban development have stripped these animals of 95% of their original habitat. Because so few of each species are left in the U.S., they need access to mates in Mexico to avoid inbreeding. The Lower Rio Grande Valley National Wildlife Refuge was created to provide them with sufficient habitat to survive, as well as offer a potential route to Mexico. Over the past 20 years, more than 90 million tax dollars and thousands of volunteer hours were spent piecing together and revegetating tracts of land along the Rio Grande in order to create this wildlife corridor. The border walls in South Texas now divide some of these refuge tracts, and cut others off from the Rio Grande and from Mexico. With the Endangered Species Act waived, the Department of Homeland Security has largely ignored the way that border walls fragment the ocelot and jaguarundi’s remaining habitat and seriously diminish hope for their recovery, or even survival.


Levee-border wall through the Lower Rio Grande Valley National Wildlife Refuge in Texas. Photo by Scott Nicol.

Before former Secretary Chertoff’s last Real ID Act waivers in April 2008, DHS prepared draft environmental impact statements and draft environmental assessments for the various sections of border wall, as mandated by the National Environmental Policy Act. In reviewing the draft environmental impact statement for the Rio Grande Valley, the Environmental Protection Agency found it to be “insufficient,” and recommended that DHS start the process over. The EPA reached the same conclusion, and made the same recommendation, when it reviewed the draft environmental impact statements and draft environmental assessments that DHS prepared for each the other border wall sections.

Following the waivers, which allowed DHS to disregard the National Environmental Policy Act, the agency abruptly ended the environmental assessment and environmental impact statement processes. Instead, they created a brand new category, the “environmental stewardship plan,” which was not governed by any federal legislation. These new reports recycle the bulk of the prior, “insufficient” reports, in many cases word-for-word, but have no established criteria or requirement for review from the EPA or the public. While they do include recommendations to minimize the wall’s environmental impact, most of which appeared in the earlier “insufficient” reports, there is no requirement that these be adhered to. In the instance of Smuggler’s Gulch, for example, revegetation and erosion control measures called for in DHS’ own report were not implemented.

One of DHS’ most absurd claims for the border wall is that it will actually be good for the environment because border crossers leave litter, make foot paths, and, in the states that do not have a river for a border, drive off road vehicles through sensitive habitat. This ignores the difference in scale between a dirt path that winds through the brush and an area 150 feet wide cleared of all vegetation, and 10 – 15 foot tall steel and concrete walls. The border wall’s destructive impact is made obvious by the Department of Homeland Security’s need to “waive in their entirety” our nation’s most important environmental laws. The only reason for DHS to waive laws is the knowledge that the border wall violates them. Litter can be a problem for wildlife, but the blasting, bulldozing, fragmentation, and large-scale erosion caused by border wall and Border Patrol road construction are much worse. Animals can sidestep discarded water bottles, but when their habitat is cleared of vegetation, flooded, or silted up, and blocked by an impermeable wall, they cannot survive.

Environmental Groups Support Provisions of Comprehensive Immigration Reform Bill

The Sierra Club, Defenders of Wildlife, and the Center for Biological Diversity have issued the following press release in support of the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009, introduced by Representative Luis Gutierrez. The bill contains key provisions intended to ensure that the Department of Homeland Security obeys all of our nation's laws when building infrastructure on the border.

Comprehensive Immigration Reform Bill Gets it Right at the Border
Bill Would Help Protect Wildlife from Damage of Border Walls

Washington, D.C, - A new immigration bill introduced today includes important provisions that will help protect wildlife, communities, and natural resources from damage wrought by border walls between the U.S. and Mexico.

The Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009, introduced by Representative Luis Gutierrez, includes critical components of the Border Security and Responsibility Act of 2009 (HR 2076), introduced by Rep. Raul Grijalva in April 2009.

To date, at least 633 miles of border walls and barriers have been constructed along the U.S. – Mexico border, and the construction has proceeded quickly and almost entirely without proper consultation or compliance laws.Three dozen environmental, archaeological, religious freedom, historic preservation, cultural, and other laws were waived by former Secretary of Homeland Security Michael Chertoff for border wall construction.

The legislation would replace the border wall’s one-size-fits-all approach to border security with a strategy based on comprehensive analyses of the effectiveness and costs of various security measures. To address negative impacts from existing border infrastructure, the legislation would establish comprehensive monitoring and mitigation programs. The bill would also ensure full compliance with landmark laws like the Safe Drinking Water Act and the Endangered Species Act that were enacted to promote public health and protect our country’s wildlife and natural heritage.

“ Rep. Gutierrez and Rep. Grijalva deserve praise for recognizing the need for a responsible border security policy that minimizes harm to our precious borderlands, wildlife, and border communities,” said Sierra Club representative Michael Degnan.

“Much of this country’s rarest and most spectacular wildlife--including jaguar, ocelot, Sonoran pronghorn, and many other species--depend upon the borderlands for survival. This bill would restore crucial protections to such wildlife and help mitigate the widespread damage that has already been done to important habitat and migration corridors,” said Randy Serraglio, conservation advocate at the Center for Biological Diversity.

"Laws that protect our wildlife, our water, our air, and our right to a healthful environment should never have been circumvented by the Bush administration," said Bob Irvin, Senior Vice President for Conservation Programs at Defenders of Wildlife. "This bill will restore the rule of law along America's border."

As we celebrate the fall of the Berlin Wall, border walls are built in Brownsville, Texas

While the world celebrates the fall of the Berlin Wall, the United States is continuing construction on its own border wall in the southern tip of Texas. The following photos show the progress of the construction and how the people of Brownsville, Texas are having to learn to live with a wall in their midst.

Construction has been completed through many residential neighborhoods. This one is off Milpa Verde Street in East Brownsville.

A child plays in the shadow of the border wall behind her house.

Looking North into the neighborhood from behind the wall.

A border patrol surveillance tower and the border wall visible at the end of a Brownsville cul-de-sac.

Construction on the wall is quickly approaching Hope Park, a city park that was established on the banks of the Rio Grande in part to commemorate the strong ties between the U.S. and Mexico.

Inside Hope Park. The marker on the left is where the wall will be built. On the right is a state historical marker for the Chisolm Trail.

East of Brownsville is the Sabal Palms Audubon Sanctuary, home of the largest surviving stand of native Sabal Palms. With the border wall's impending construction, the sanctuary has been closed to the public since last spring. The gate on the left blocks the entrance to the sanctuary, and the sign has been taken down.

The border wall reaching the edge of the Nature Conservancy Southmost Preserve. Construction here is delayed while Nature Conservancy fights DHS in court.

Homeowners living across the street from the border wall draw explicit parallels between the border wall and the Berlin wall.

Environmental Organizations Call Upon Congress to Strip Border Walls from the DHS Appropriations Bill

The following letter, signed by 18 environmental organizations including the Sierra Club, Defenders of Wildlife, and Audubon, was sent to members of the House / Senate conference committee that will be debating the DHS appropriations bill. Currently, the Senate version of the bill contains an amendment requiring hundreds of miles of new border wall. The House version does not require more walls.


Dear Conferees,

On behalf of our millions of members and supporters across the entire country, the undersigned organizations are writing to ask that you remove Sen. DeMint’s amendment #1399 from the Homeland Security Appropriations Act and continue to support efforts to monitor and mitigate negative impacts of border wall construction.

Senate amendment #1399 is the latest attempt to extend the failed policy of building more border walls along our southwest border. In addition to negatively impacting the wildlife and natural resources of the borderlands, the provision would come at great expense to our nation’s border security programs and the American taxpayer. While tying the hands of border security experts by requiring an arbitrary number of miles of wall construction, this language would drain funding from other border security programs in order to cover the growing cost of border wall construction. Taxpayers have paid approximately $2.4 billion for border wall construction to date, and according to the Government Accountability Office, one mile of border wall now costs nearly $8 million.

Nearly one-third of the 1,950 mile U.S.-Mexico border lies within military, tribal, and public lands, including Wilderness areas, National Wildlife Refuges, National Forests, National Monuments, State Parks and hundreds of miles within the National Park system. Much of this country’s most spectacular and imperiled wildlife, including two of America’s most endangered big cats, jaguars and ocelot, bighorn sheep, Sonoran pronghorn, and bison, depend upon protected public lands along the border for intact habitat and survival.

Numerous studies have highlighted the damage that border infrastructure has caused to the borderlands’ ecology and wildlife. The National Park Service issued a report in August, 2008 confirming that the border wall along the Lukeville Port of Entry has exacerbated seasonal flooding and has caused accelerated scouring and erosion on the Organ Pipe Cactus National Monument. A recent study in Conservation Biology showed that the border wall fractures the habitat connectivity that wildlife like the pygmy owl and bighorn sheep need for survival. As climate change shifts habitats and alters migration routes, establishing wildlife corridors and protecting habitat connectivity becomes even more critical.

The damage that border walls have caused to the unique natural values of the borderlands has been exacerbated by the Secretary of Homeland Security’s authority to waive any applicable laws to expedite border wall construction. This unprecedented authority has prompted the waiving of 37 environmental, historic preservation, tribal protection and other federal laws along with related state and local laws across 563 miles of the border.

In order to help address the negative impacts of border walls that have already been constructed, the House Homeland Security Appropriations bill included $40 million for border monitoring and mitigation. We strongly support keeping this language in the final bill and believe that its inclusion would mark one more step towards repairing the damage done to communities and natural resources along the border.

Again, we support the House version of the Homeland Security Appropriations Act, and as you move to conference we specifically ask that you remove Senate amendment #1399 from the final bill and continue to advance border monitoring and mitigation efforts.

Sincerely,

The Arizona Zoological Society
Center for Biological Diversity
Defenders of Wildlife
Earthjustice
Frontera Audubon
International League of Conservation Photographers
League of Conservation Voters
National Audubon Society
National Wildlife Federation
Natural Resources Defense Council
Rio Grande International Study Center
Sierra Club
Southwest Environmental Center
Valley Nature Center
Western Lands Project
The Wilderness Society
Wildlands CPR
Wildlands Network

Taxpayers for Common Sense Blasts the Border Wall

Taxpayers for Common Sense has voiced their opposition to the border wall, tossing it into their Weekly Wastebasket. They describe themselves in this way,

"Taxpayers for Common Sense is an independent and non-partisan voice for taxpayers working to increase transparency and expose and eliminate wasteful and corrupt subsidies, earmarks, and corporate welfare."

Border Waste Reruns
Volume XIV No. 38: September 18, 2009

Jimmy Buffet could have testified at this week’s hearing about ongoing federal border protection initiatives. As you watched the same old song and dance about Department of Homeland Security (DHS) spending commence before lawmakers, you could almost hear him sing: “Wasting away again on the border wall. Searching for the lost section of fence. Some people say that Boeing’s to blame, but I know – it’s our own damn fault.”

With the benefit of updated numbers and dates, the House Homeland Security Committee learned that seven years and more than $4 billion in, DHS’s Secure Border Initiative (SBI) is (still) broken. SBI is comprised of a system of cameras and sensors known as SBINet and a steel “pedestrian” fence erected on more than 600 miles of the southwestern U.S. border.

Lawmakers heard an all too familiar tale of waste and woe. The average cost of pedestrian fencing has jumped from $3.5 to $6.5 million per mile, and costs for vehicle fencing have doubled. The Government Accountability Office (GAO) testified that the sensors used in the SBINet system still suffer from too many false detections and are vulnerable to bad weather despite the fact that the military has effectively used camera and sensor technology to track enemy movements for years at a much lower cost. But it didn’t stop there, the sad song continued:

· Full deployment of SBINet is now projected for 2016—seven years after the original contract with Boeing was scheduled to end;

· The pedestrian fence has been breached more than 3,000 times so far, with each repair costing at least $1,300;

· A long-overdue DHS study estimates the costs of maintaining the fence over a 20-year period at $6.5 billion— which is likely a low ball.

Sadly, even the new price tag may not tell the whole story. As our analysis of fence costs points out, maintenance estimates by the Congressional Budget Office and U.S. Army Corps of Engineers put that figure at $8 billion years ago, before the same labor and materials price hikes that have bumped up the cost of fence construction.

Problems with SBINet are due in large part to a contract that even a Boeing spokesman admitted was “awkward.” That’s a bit of an understatement: The delays and cost overruns have made the project a poster child for problems with “lead systems integrator” contracting strategy, where one company acts as a “system integrator” that tries to cobble together several different projects completed at different times and with different subcontractors. Incredibly, DHS just renewed Boeing’s contract for another year, despite a string of failures that has dogged the contract almost since its 2006 inception.

The fundamental question, of course, is whether the fence actually works. The unfortunate answers range between “no” and “not sure”. Because the SBINet technology still isn’t functional, border patrol agents are forced to work with outdated and ineffective technology, decreasing the border’s effectiveness. And the border patrol hasn’t yet created a way to quantitatively measure whether or not the pedestrian fence is actually keeping people out. The number of people caught trying to cross the border actually declined in several sectors before the fence went up, showing only that those numbers are influenced by factors other than the existence of a 14-foot steel wall.

Like too many expensive national security projects, Congressional commitments to the border fence were made in a fiscal vacuum. Yet Senators exacerbated irresponsible spending by inserting a requirement that would add another 300 miles of pedestrian fence at a cost of some $40 billion. Even though they’ve seen this one before, maybe lawmakers should review the hearing transcript: When asked whether the American taxpayer had benefitted from spending on SBI, the GAO analyst replied with an unequivocal “No.”

No Border Wall Calls on Congress to Strip the DeMint Border Wall Mandate from the DHS Appropriations Bill

The No Border Wall Coalition sent the following letter to the members of the House / Senate conference committee that will be deciding on the final language of the Department of Homeland Security appropriations bill. While the House version does not include more border walls, the Seante's version includes the DeMint amendment, calling for 700 miles of pedestrian walls. After the letter was sent a new report from the Government Accountability Office on the Secure Border Initiative, which includes border walls, was released. It found,

"A life cycle cost study has been completed which estimates deployment, operations, and future maintenance for the tactical infrastructure will total $6.5 billion. Despite the investment in tactical infrastructure, its impact on securing the border has not been measured because DHS has not assessed the impact of the tactical infrastructure on gains or losses in the level of effective control."

The life cycle cost estimate is on top of construction costs, and does not include the cost of the construction called for by the DeMint amendment.

Here is the text of our letter to the committee members, explaining our opposition to the construction of more border walls:

The No Border Wall Coalition urges you to remove the DeMint amendment (1399), which calls for hundreds of miles of new border wall, from the Department of Homeland Security appropriations bill. Further border wall construction will do tremendous damage to private and municipal property, severely impact critical wildlife habitat, and cost our nation billions of dollars. But like the walls that have already been built, the new border walls will have no impact on immigration.

The DeMint amendment changes the Secure Fence Act to require 700 miles of “pedestrian” border walls; vehicle barriers built along the border could no longer be applied to the mile count. As of July, DHS has completed 331 miles of “pedestrian fencing” and 302 miles of vehicle barriers. If DeMint’s amendment is accepted by the House/Senate Conference Committee and is signed into law, the border wall will suddenly be 369 miles short of its new mandate.

To build border walls the federal government has initiated condemnation suits against more than 400 landowners, of which 255 are still unresolved. Landowners and local elected officials have been denied basic information, including how they will access properties and water intake pumps that are walled off. If the DeMint amendment is not removed, hundreds more farmers, ranchers, nature preserves, and municipalities will be hauled into federal court to have their lands taken from them.

Border walls currently slice through National Monuments, National Wildlife Refuges, and preserves owned by the Nature Conservancy and Audubon. Habitats that are critical for the survival of federally endangered ocelots and Sonoran pronghorn have been fragmented, cutting animals off from the resources that they need to survive. Blocked watersheds have led to flood damage in Organ Pipe Cactus National Monument, and ongoing blasting in the Otay Mountain Wilderness Area is filling the Tijuana River with boulders and debris. If more border walls are built, more border ecosystems will be degraded or destroyed.

To date, $3.1 billion has been spent on border wall construction. Last year the Army Corps of Engineers reported that the average cost of building walls had increased to $7.5 million per mile. Some sections of border wall are particularly expensive: walls in South Texas averaged $12 million per mile; in California, a 3.5 mile section that involved filling in canyons cost taxpayers $57 million.

If the DeMint amendment remains in the DHS appropriations bill, we will spend no less than (and quite possibly a lot more than) $2,767,500,000.00 to build 369 miles of new border walls.

Border walls have utterly failed to stop either immigrants or smugglers from entering the United States. The majority enter through ports of entry, so walls erected between the ports have no effect on them. And according to the Border Patrol, even those who find the wall directly in their path are only slowed down by around 5 minutes.

Professor Wayne Cornelius of the University of California at San Diego has spent more than a decade researching undocumented immigration. His work has revealed that, even with border walls,

“all but a tiny minority eventually get through – between 92 and 98 percent, depending on the community of origin. … [T]he eventual success rate is virtually the same for migrants whose most recent crossing occurred before 1995, when the border was largely unfortified, and those crossing in the most recent period. In other words, the border enforcement build-up seems to have made no appreciable difference in terms of migrants’ ability to enter the United States clandestinely.”

The Department of Homeland Security recognizes this fact. After DeMint’s amendment was adopted, DHS spokesman Matt Chandler told the Wall Street Journal that it is, “designed to prevent real progress on immigration enforcement and [is] a reflection of the old administration's strategy: all show, no substance."

Rather than spend billions more on walls that will do tremendous damage to border communities and ecosystems, and which the Department of Homeland Security says will not help them to do their job, the membership of the No Border Wall Coalition urges you to adopt the House version of the DHS appropriations bill. For many of us, the border is our home, and as walls have been erected our needs, concerns, and voices have been ignored. We ask that you listen to us now. Strip the DeMint amendment from the bill, and refrain from building more border walls.

Building More Border Walls is Not Effective Immigration Reform

By Scott Nicol

In 2006, both the House and Senate passed Comprehensive Immigration Reform bills. Each contained hundreds of miles of border wall, inserted as a bone to lure conservative support. The bills differed on a number of points, including the number of miles of wall to be built. When a conference committee convened to craft a final bill they were unable to work out their differences, and immigration reform died in committee. From its ashes Congress pulled the one thing that they could agree on: 700 miles of border wall.

The stated goal of the Secure Fence Act was to “achieve and maintain operational control over the entire international land and maritime borders of the United States.” Nearly 3 years later, most of the border walls that it mandated are complete. Time to dust off the “MISSION ACCOMPLISHED” banner and hang it on the border?


Apparently not. This month Senator Jim DeMint, whose home state of South Carolina is closer to Canada than Mexico, inserted an amendment into the Senate’s bill funding the Department of Homeland Security (DHS). It changes the Secure Fence Act to say that, “Fencing that does not effectively restrain pedestrian traffic (such as vehicle barriers and virtual fencing) may not be used to meet the 700-mile fence requirement.”

As of July 17, DHS claims to have completed 331 miles of “pedestrian fencing” and 302 miles of vehicle barriers. If DeMint’s amendment makes it through the House/Senate Conference Committee and is signed into law, the border wall will suddenly be 369 miles short of its new mandate. DHS will probably replace many of the 302 miles of vehicle barriers with “pedestrian fence,” inflicting tremendous environmental damage in the process. That leaves at least 67 miles of brand new border wall to be built in places that are currently unwalled. With California, Arizona, and New Mexico largely walled off, those new border walls will most likely be built in Texas.

So far, Congress has given the Department of Homeland Security $3.1 billion for border wall construction. The Army Corps of Engineers reported that between February and October of 2008 the cost of building walls increased by 88%, from an average of $3.5 million per mile to $7.5 million per mile. Some sections of border wall are particularly expensive: the levee-border wall combination in South Texas averaged $12 million per mile; in California, a 3.5 mile section that involved filling in canyons cost taxpayers $57 million.


If the Secure Fence Act succeeded in achieving “operational control” of the border, why should we spend no less than (and quite possibly a lot more than) $2,767,500,000.00 to build 369 miles of new border wall?

First and foremost, the border wall has failed to stop either immigrants or smugglers from entering the United States. The majority enter through ports of entry, rather than crossing the desert on foot or the Rio Grande on an inner tube, so walls erected between the ports have no effect on them. And according to the Border Patrol, even those who find the wall directly in their path are only slowed down by around 5 minutes. As Border Patrol spokesperson Mike Scioli said, “The border fence is a speed bump in the desert.”


Professor Wayne Cornelius, with the University of California at San Diego, has spent more than a decade interviewing immigrants before and after they cross the border. His research has revealed that, even with border walls,

“fewer than half of migrants who come to the border are apprehended, even once, by the Border Patrol. … [T]he apprehension rate found in these studies varied from 24% to 47%. And of those who are caught, all but a tiny minority eventually get through – between 92 and 98 percent, depending on the community of origin. If migrants do not succeed on the first try, they almost certainly will succeed on the second or third try.”

Professor Cornelius goes on to conclude,

“the eventual success rate is virtually the same for migrants whose most recent crossing occurred before 1995, when the border was largely unfortified, and those crossing in the most recent period. In other words, the border enforcement build-up seems to have made no appreciable difference in terms of migrants’ ability to enter the United States clandestinely.”


So why would Senators, ranging from alleged fiscal conservatives such as Texas Republican John Cornyn to New York Democrat Charles Schumer, vote to spend nearly $3 billion on more border walls when those already erected do not work?

Simply put, for those politicians who do not live beside the border, and do not count on the votes of those who do, the border wall is an abstraction. The reality that the border wall has little or no impact on border crossers is irrelevant. The reality that more than 300 property owners have had their property condemned is irrelevant. The reality that federally designated wilderness areas and wildlife refuges have been severely impacted is irrelevant. The Senators who voted for more border walls were voting for a symbol, nothing more.

Even the Department of Homeland Security recognizes this fact. After DeMint’s amendment was adopted, DHS spokesman Matt Chandler told the Wall Street Journal that it is, “designed to prevent real progress on immigration enforcement and [is] a reflection of the old administration's strategy: all show, no substance."

Senator Schumer, who will be introducing a Comprehensive Immigration Reform bill around Labor Day, wrote in an op-ed, “I voted to require the Department of Homeland Security to construct significant fortifications to the border fence” as proof that he is, “serious about securing the border.” He did not bother to defend the effectiveness of the border wall, because that was not the point. The wall that he voted for is simply a symbol, meant to show that immigration reform and border enforcement can go arm in arm.

Senator Schumer seems to think that by voting for more walls, and more than likely including border walls in his Comprehensive Immigration Reform bill, he can appease conservatives like Cornyn and gain their votes. If so, he is deluded. No matter how much of the borderlands the bill sacrifices for the sake of empty gestures, immigration reform will not woo conservatives. It is far more likely that Schumer will instead see a repeat of 2006, in which the only part of Comprehensive Immigration Reform that makes it to the President’s desk is hundreds of miles of border wall.

Our nation desperately needs immigration reform. But as Department of Homeland Security Secretary Janet Napolitano said this past February, “you cannot build a fence from San Diego to Brownsville, Texas, and call that an immigration policy.”

It is a message that Congress sorely needs to hear.

City Commissioners Vote to Buy Brownsville a Border Wall

By Scott Nicol

On June 2, the Brownsville City Commission finally capitulated to the Department of Homeland Security’s demand that they give away city property to build the border wall. They had attempted to do this twice before, first last July and again this past February. In both instances the commissioners backed down in the face of widespread opposition from Brownsville residents. This time, however, they stuck with DHS, ignoring the will of the people by voting to give away the city’s land and to commit to build a border wall through Brownsville at the city’s expense. No other city has done so much to help build the border wall.

When the City Commissioners considered this deal last February, they issued a press release praising it, saying that “The City of Brownsville is in the unique position to be the only border city between San Diego, California and the Gulf of Mexico to be offered the ability to remove the federally mandated border fence.” The Commissioners’ spin leaves out the fact that the initial border wall will only be removed after it is replaced with a border wall that will be far more permanent and imposing, and one for which Brownsville taxpayers will foot the entire multi-million dollar bill.

While the contract with DHS has been rewritten, the substance remains the same. The City of Brownsville will give up 15 acres of city property, which DHS valued at $123,100 when it initiated condemnation proceedings last September. The Department of Homeland Security will not pay a dime for the city’s land.

"Floating fence" border wall design in Cameron County, Texas

DHS will then build what they call a “floating fence” on the formerly city-owned property. While the City Commissioners may see the use of this border wall design as a victory, maps of the border wall released by DHS in July 2008 for their Environmental Stewardship Plan (ESP) clearly show “floating fence” on the city’s land. The ESP states, “Floating primary pedestrian fence consists of prefabricated floating fence panels placed on the levee. Floating fences are generally concrete barriers with pickets anchored on top.” This type of border wall has already been erected in parts of western Cameron County. So the floating fence is not a concession on the part of DHS, but what DHS had planned in the first place.

According to the contract, at some indefinite time in the future, the city will pay to build a levee-border wall in another unspecified location to replace the “floating fence.” It stipulates that the city must pay to buy the land for the new levee-border wall, and “construction shall be the responsibility of Brownsville, and shall not be performed by the United States or at any cost to the United States.” The bids for the levee-border walls in Hidalgo County ranged from $12 to $16 million per mile. Placing cost ahead of confidence in the quality of construction of our flood control levees, Hidalgo naturally went with the low bidder. Assuming that Brownsville does the same, the 2-4 miles of levee-border wall that will slice through the city will cost between $24 and $48 million, every dime of which must come from city coffers.

Levee-border wall under construction in Hidalgo County

Once Brownsville constructs the new levee-border wall, DHS will pay to take down the “floating fence.” Maybe. Homeland Security’s promise to pay to take down the first border wall is “subject to the availability of funding.” If they do not have the cash in hand, “then DHS shall provide Brownsville with appropriate access and authority to remove such sections and dispose of the removed material” at the city’s expense.

One new provision in the contract that the City Commission approved states that, “Brownsville shall, at its sole expense, preserve and maintain the Replacement Border Barrier.” So not only will Brownsville’s taxpayers have to pay to build a levee-border wall that none of them want, they must also pay to maintain it for decades to come.

Of course, it is unlikely that Brownsville will be able to come up with all of this money, so the “temporary” border wall will in fact be permanent.

But if they do, and private developers come through with millions more to build a riverwalk, we can look forward to long lines of tourists waiting to show their passports to go through the border wall to reach the trendy restaurants on the other side. What could be more appealing than fine dining in a no-man’s land that the Department of Homeland Security has walled off to keep “terrorists and terrorist weapons” from entering the rest of the United States?

Levee-border wall at the Old Hidalgo Pumphouse World Birding Center in Hidalgo County

Even if everything goes as the City Commission hopes, this deal defies all logic. It is as if someone took away your home, and rather than fight in court to either stop them or force them to pay you its market value of $123,100, you offered to buy them new land and build them a new house that would cost anywhere from $24 to $48 million, and you would then pay to maintain it. Accepting such a deal would certainly put you in a “unique position.”

Yet, this is the deal that Brownsville City Commissioners Anthony Troiani, Edward Camarillo, Ricardo Longoria, and Leo Garza voted to accept. Charlie Atkinson, who is a Border Patrol employee, abstained. Commissioner Carlos Cisneros and Mayor Pat Ahumada voted to reject it.

When public funds are used to build schools, hospitals, or other structures for the benefit of taxpayers, the politicians who approved the project can be counted on attend a ribbon-cutting ceremony and place a plaque telling future generations of their accomplishment. If the City of Brownsville manages to pull funds from schools, hospitals, or other projects to build the levee-border wall, I trust that the City Commissioners who voted for it will be on hand for the dedication ceremony. They can smile and wave and shake hands with the grateful residents of Brownsville, who will sleep better knowing that the border is no longer broken, that floods of terrorists no longer wash over Brownsville, and that it was their City Commission that brought about this shining moment. Engraved on a bronze plaque that will be bolted to the concrete slab of the border wall will be the names:

Anthony P. Troiani

Edward C. Camarillo

Ricardo Longoria

Leo Garza

Supreme Court Fails to Restore the Rule of Law to the Border

The Supreme Court’s refusal to hear arguments that the waiving of all state, local, and federal laws to build the border wall is unconstitutional is a tremendous blow for border residents and the principle of the rule of law. We had hoped that the court would honor its obligation to examine the constitutionality of section 102 of the Real ID Act, which is an unprecedented power grab by the Executive branch, and which creates unequal legal protections for U.S. citizens that are solely dependant upon what part of the country one lives in. In this instance the Supreme Court shirked its duty, leaving the border without the benefit of the rule of law that is enjoyed by the rest of our nation.

Section 102 of the Real ID Act allows for the suspension of all laws to build the border wall, stating, “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 other United States citizen is granted this extreme power under any circumstance. Even the president does not have this power to waive our nation’s laws, no matter what crisis may arise.

When former Homeland Security Secretary Chertoff waived 36 federal laws in April 2008, he knew that in building border walls he would be violating those laws. Obeying the law is not voluntary, it is mandatory. In a nation of laws all laws must be respected, not just those that are convenient. Those laws were enacted to prevent the kind of damage that we see everywhere border walls have been built.

For plaintiffs such as the Frontera Audubon Society, the Friends of the Wildlife Corridor, and the Friends of Laguna Atascosa National Wildlife Refuge, the fate of the Lower Rio Grande Valley National Wildlife Refuge is of particular concern. Consisting of individual tracts of native habitat linked by the Rio Grande, it creates a wildlife corridor, providing federally endangered species such as the ocelot and jaguarundi sufficient territory to find food, water, and mates. Migratory birds also rely on it to rest and refuel on their annual journeys, as well as for nesting. The border walls that have been built, and those that are still under construction, slice through many refuge tracts and cut off others from the river. The wall is fragmenting habitat, blocking migratory pathways, denying animals access to fresh water, and isolating breeding populations of endangered ocelot and jagurandi. Because the Endangered Species Act, the Migratory Bird Treaty Act, the National Wildlife Refuge System Administration Act, and the National Environmental Policy Act were among the 36 federal laws that the former Secretary swept aside, none of the usual legal protections for these supposedly protected lands remain.

In addition, Texas border communities depend upon the Rio Grande for irrigation and drinking water. But former Homeland Security Secretary Chertoff waived not only the Safe Drinking Water Act and the Clean Water Act, but also “all federal, state, or other laws, regulations and legal requirements of, deriving from, or related to the subject of” those, and 34 other, laws. So where the wall has been built, in El Paso and Eagle Pass and Hidalgo and Brownsville and other border communities that draw water from the Rio Grande, all laws “related to the subject of” water are no longer in effect. This absurd situation prompted the El Paso County Water Improvement District No. 1 and the Hudspeth County Conservation and Reclamation District No. 1 to take part in the challenge to the constitutionality of the Real ID Act’s waiver authority.

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 the whims of an unelected Administration appointee. The Secretary of Homeland Security cannot waive the laws that protect citizens who live away from the border. Only border residents may have their legal protections waived.

When the Supreme Court decided not to hear these arguments without uttering so much as a word as to why, they shirked their duty as the final arbiters of the United States constitution and the principle of the rule of law that it enshrines. This precedent bodes ill for the rest of the nation, as any manufactured crisis may be used to enact a similar waiver. A “broken” northern border may be the pretext for a new bill waiving laws along the Canadian boundary, or an “energy crisis” may provide a convenient excuse to do away with laws that prevent drilling in the Arctic National Wildlife Refuge. The Supreme Court’s inaction will likely have repercussions beyond the destruction wrought by the border wall.

Will Congress Restore the Rule of Law or Build More Border Walls?

By Scott Nicol

The walls that are tearing through border communities and wildlife refuges have nothing to do with national security, immigration policy, or drug control. The construction of border walls merely allows for political posturing during election cycles. Politicians and pundits decry our nation’s “broken borders,” and blame undocumented immigrants for all of our nation’s ills, from unemployment to failing schools to municipal budget shortfalls to crime. Scapegoats are convenient, especially when they cannot vote, and scapegoating distracts voters from politicians’ inability to solve any of these problems. And so, two weeks before the 2006 mid-term election, the Secure Fence Act was signed into law. Two an a half years later the walls that it mandated are nearing completion, and we as a nation must decide what happens next.

One path forward was proposed by Representative Raul Grijalva, whose southern Arizona district is now home to mile upon mile of border wall. Last month he introduced the Border Security and Responsibility Act (HR 2076). This legislation seeks to prevent future border security measures from repeating the worst abuses that have accompanied border wall construction.

While the Secure Fence Act established walls as the primary strategy for controlling the border, the Border Security and Responsibility Act would instead, “give first priority to the use of remote cameras, sensors, removal of non-native vegetation, incorporation of natural barriers, additional manpower, unmanned aerial vehicles, or other low impact border enforcement techniques.” Border walls, which have been shown to be largely ineffective, go to the back of the line.

HR 2076 would also require the Department of Homeland Security to develop a comprehensive cost-benefit analysis, comparing the full range of possible strategies for protecting the border. Along with looking at whether border walls actually stop anyone, DHS would have to factor in land acquisition costs, construction costs, maintenance costs over 25 years, impacts on wildlife, impacts on hydrology, and the costs of mitigating adverse impacts to Federal, state, local, and private lands and waters. The costs and benefits of border walls would then be compared to similar analyses of adding more Border Patrol agents, so-called “virtual” fences, natural barriers, removing non-native vegetation, and increasing cooperation with Mexican and Canadian authorities.

Sign on private property near Brownsville, Texas that will be cut off by the border wall.

Rather than shutting out border residents and other stakeholders, Rep. Grijalva’s bill would require the Secretary of Homeland Security to consult with other federal agencies, tribal governments, local officials, and private property owners to minimize the negative impacts of border security measures. Real consultation that allows for meaningful input from those who live and work along the border would be a tremendous change for the better.

Most importantly, it would strike the provision of the Real ID Act that gives the Secretary of Homeland Security the power to waive any law that he or she sees fit in order to build border walls. No longer would one unelected Administration appointee have the power to sweep aside laws passed by Congress and signed by presidents. The rule of law would be restored along our nation’s southern border.

And this restoration is critical. When former Homeland Security Secretary Chertoff waived 36 federal laws last year, he was not simply cutting red tape. He knew that in building border walls he would be violating those laws. Those laws were enacted to prevent the kind of damage that we see everywhere border walls have been built.

In California’s Otay Mountain Wilderness Area, mountainsides above the Tijuana River are currently being dynamited to build the border wall. When DHS proposed building walls in these rugged mountains the Environmental Protection Agency raised concerns that the dumping of tons of rubble, and the erosion that would follow, would clog the river and violate the Clean Water Act. Normally that would be a moot point, because it is illegal to drive a motorized vehicle in a Wilderness Area, much less plant dynamite. But with the Wilderness Act and the Clean Water Act waived, blasting is occurring today, and will continue through the summer.

Texas border communities rely on the Rio Grande for irrigation and drinking water. But Secretary Chertoff waived not only the Safe Drinking Water Act and the Clean Water Act, but also “all federal, state, or other laws, regulations and legal requirements of, deriving from, or related to the subject of” those, and 34 other, laws. So where the wall has been built, in El Paso and Eagle Pass and Hidalgo and Brownsville and other border communities that draw water from the Rio Grande, all laws “related to the subject of” water are no longer in effect. This absurd situation has prompted the El Paso County Water Improvement District No. 1 and the Hudspeth County Conservation and Reclamation District No. 1 to take part in a lawsuit challenging constitutionality of the Real ID Act’s waiver authority.

"Floating fence" border wall design on top of the flood control levee in Cameron County, Texas

The border wall has been tremendously destructive, both to American lands, American communities and the American tradition of rule of law. But with most of the Secure Fence Act’s 670 miles of border wall close to completion, some might ask why the provisions of the Border Security and Responsibility Act are needed.

The answer came on the same day that Representative Grijalva introduced HR 2076, when Rep. Duncan D. Hunter introduced the Border Sovereignty and Protection Act. Apparently, Hunter Junior inherited the bad politics of his father along with his name and Congressional seat. His father bragged in campaign ads that he had built the border wall, and that it was a stunning success. Ignoring the question of why more walls are needed if the first walls had already done the job, Hunter Junior’s bill requires, “two layers of reinforced fencing along not fewer than 350 miles of the southwest border” in addition to all that has already been built. It also provides a blank check to pay for construction.

"Triple-layer fence" border wall design near San Diego, California

Grijalva’s bill requiring consultation, a cost-benefit analysis, and the restoration of the rule of law currently has 20 cosponsors. Hunter’s bill, requiring another 350 miles of double-layered border wall and providing unlimited funds to pay for them, currently has 26 cosponsors.

When the first sections of border wall were built in southern California in the mid 1990s, the Congressional Research Service found that they had “no discernible impact” on the number of undocumented immigrants who entered the United States each year. Rather than realize that the wall was a failure, border wall proponents, most notably Duncan’s dad, decided that the wall was not long enough. Now that another 600+ miles of border wall have been built, and the Border Patrol routinely refers to them as “speed bumps,” the cry goes up for more walls. In the perverse logic of those who have tied their political careers to the border wall, if the wall is a failure, it is simply because it is too short.

If this logic is allowed to prevail, mile upon mile of new border wall will be built with no concern for the communities or ecosystems that lay in their path. That is why passage of Representative Grijalva’s Border Security and Responsibility Act is so critical. It restores a degree of sanity to border policy, forces the federal government to respect the legal rights of border residents, and gives us a seat at the table when decisions are made regarding our home.

The Border Wall vs. Property Rights: Texas’ Senators Support the Wrong Side

by Scott Nicol

To build the border wall the federal government has brought condemnation lawsuits against more than 300 Texas landowners. Homeowners, farmers, nature preserves, and municipalities all face the imminent loss of their property for a patchwork of walls that have “no discernible impact” on the overall numbers of immigrants or smugglers who cross the border, according to the Congressional Research Service. The wall is a rhetorical point used by politicians who do not represent border communities to claim that they are working to protect the homeland. For them, the real impact of the border wall is irrelevant; all that matters is the perception among voters who will never actually see it. Members of congress who do represent Texas border residents should be fighting to defend our lands and our homes, literally the homeland that the border wall is supposed to secure. Instead, Texas’ Senators have worked to fund and build the wall that today stands in Hidalgo County and is tearing through Brownsville.

Land nearest the Rio Grande has always been prized because of the rich soil and the year-round availability of water. Many families along its banks still hold title to lands that were granted to their forefathers by the King of Spain as early as the 1740’s, decades before the United States and Mexico became sovereign nations, and more than a century before the Rio Grande became their shared border. For these owners, the land is a priceless piece of their family’s history.

Eloisa Tamez’ property has been in her family since the King of Spain issued the San Pedro Carracitos Land Grant in 1763. In 2007 DHS demanded access to her property for border wall surveys, then initiated condemnation proceedings. Dr. Tamez enlisted the Center for Human Rights and Constitutional Law and initiated a class-action lawsuit alleging that DHS has refused to negotiate with landowners before condemning their property, as the law requires. She also demanded that DHS reveal its criteria for citing the border wall, which in places runs for miles through poor and/or minority communities, then ends abruptly at the property line of wealthy property owners and resort communities. David Pagan of Customs and Border Protection responded, "We do not plan to suspend work on the construction of fence in order to hold a series of additional consultation meetings." On April 15, 2009 the court ruled against Dr. Tamez’, allowing the federal government to seize her land. Within a week the border wall had been built across her property.

Last February Eva Lambert awoke to the sound of heavy equipment erecting the border wall’s steel posts on her land. In her case, either through disregard for the law or incompetence, DHS finished construction of the wall before anyone had contacted her to negotiate a price or condemn her property. Denied her day in court as well as her property, Ms. Lambert is still waiting to find out what compensation will be offered. As she told the Brownsville Herald, "In the end, the government does what it wants."

In the low-lying river delta of South Texas, the treaty that established the Rio Grande as the border prohibits construction between the levee and the river. This is because a structure immediately adjacent to the river could deflect floodwaters and shift the river’s course, resulting in a change in the international boundary. So, to comply with the treaty, the border wall is being built into, on, or behind the flood-control levee that parallels the river rather than immediately adjacent to it. This levee is located up to two miles north of the river, leaving thousands of acres of U.S. territory, much of it privately owned, behind the border wall.

The Department of Homeland Security has offered only to pay for the exact footprint of the border wall (typically, a 60-foot wide strip) as it passes through a parcel of land. In their simplistic calculations, the agency has completely issues such as the devaluation of contiguous property, problems accessing land and homes behind the wall, impacts on livelihood, and the importance of cultural heritage. Despite the range and complexity of these issues, DHS has steadfastly refused to enter into meaningful negotiations with property owners.

The Nature Conservancy’s Southmost Preserve maintains one of the last remaining Sabal Palm forests along the banks of the Rio Grande. The border wall will bisect the preserve, cutting off more than 700 acres along with an equipment barn, office, and caretaker’s residence. The property was purchased in 1999 for $2.6 million, but DHS has only offered to pay $114,000 for the wall’s footprint, a strip of land 60 feet wide and 6,000 feet long. DHS has refused to explain how they will access the property that will be behind the wall. They claim that gates will be built, but they won’t say who will get keys or under what circumstances Conservancy staff will be able to access the property. Like Dr. Tamez, the Nature Conservancy is attempting to use the courts to save their land.

Other homes, businesses, and properties that are behind the levees will be walled off entirely, trapped between the wall and the Rio Grande. DHS has refused to grant any compensation whatsoever for properties left on the “Mexican” side of the wall. Indeed, because DHS is focused solely on the wall’s exact footprint, they have failed to even make contact with some of the landowners with property behind the wall.

The Sabal Palm Audubon Center preserves another 557 acres of Sabal Palm forest, which will also be behind the border wall. Because the wall will be built a few feet to the north of their property line, DHS has not offered Audubon any compensation whatsoever. Both Audubon and the Nature Conservancy have said that restricted access for their employees may force them to cut their operations. There is also the concern that uncertain access for emergency personnel may make it impossible to purchase the insurance that allows busloads of local school children to visit the center. With construction of the border wall imminent, Audubon announced that on May 15, 2009 they will close to the public for at least the next 6 months.

The Department of Homeland Security has repeatedly claimed that they have consulted with landowners and local officials regarding border wall construction. But when the Texas Border Coalition repeatedly invited DHS and Customs and Border Protection officials to “walk the line” and see the impacts that the border wall will have on specific communities, they responded that they would only do so if the owners of the property that they would be crossing were kept away. Apparently, their preferred method of consultation is a condemnation proceeding.

In the face of these assaults on property rights by the federal government, one would expect Texas’ conservative Senators to stand up for their constituents. Private property and small government are central tenets of both of their stated philosophies. In July of 2007 Senator Cornyn told reporters, "I assure you there will be local consultation. There will not be ... unilateral actions on the part of the Department of Homeland Security without local input."

Senator Hutchison did add an amendment to the 2008 Omnibus Appropriations Bill that gave the Secretary of Homeland Security the flexibility to decide where walls should be built, as well as to spare places where walls do not make sense. The Homeland Security Secretary was also required to, “consult with the Secretary of Interior, the Secretary of Agriculture, States, local governments, Indian tribes, and property owners in the United States to minimize the impact on the environment, culture, commerce, and quality of life for the communities and residents located near the sites at which such fencing is to be constructed.”

Following howls of outrage from right wing pundits and politicians that she had “gutted” the Secure Fence Act, Hutchison backed away from her amendment. She has yet to confront DHS on its refusal to consult with property owners, as epitomized by its demand that landowners be kept away from any DHS employees who walk the line through their property. So long as she is afraid to fight on behalf of Texas landowners, the amendment that she authored is just more empty words.

Senator Cornyn’s statements assuring that there will be local consultation have also proved to be empty. Like Senator Hutchison, he has made no concrete effort to stand up for border residents. Instead, Cornyn sponsored the “Emergency Border Security Funding Act of 2007” which called for 700 linear miles of border wall and 300 miles of vehicle barriers along the US – Mexico border, and provided $3 billion dollars to build it. Cornyn’s bill went nowhere, but even without it DHS has received $3.1 billion to build the border wall.

On April 2, 2009, the one year anniversary of former Homeland Security Secretary Chertoff’s border-wide waiver that swept aside 36 federal laws, both of Texas’ Senators voted to add a motion to the Omnibus Appropriations bill that read, “To provide for a point of order against any appropriations bill that fails [to] fully fund the construction of the Southwest border fence.” The vote fell along party lines and failed, but in voting once again in favor of the border wall Hutchison and Cornyn chose party loyalty over the interests of their constituents.

This should not come as a surprise. When Cornyn looks back at the last election, he will look to the north Dallas suburbs as important to his win, not 540 miles south of Dallas to Brownsville. When Hutchison thinks about her upcoming bid to unseat Governor Perry, she will be counting on votes in Sugarland, not El Paso. Though they claim to represent the entire state, so long as they see border communities as politically irrelevant they will not work on our behalf.

The fact that their neglect is not surprising does not make it acceptable. Our Senators, as well as our U.S. Representatives and our President, were put in office to work for all of us. They can not be allowed to play favorites. When they do we need to speak up.

Some border representatives are working to defend border communities. Representative Grijalva of Arizona has authored HR 2076, The Border Security and Responsibility Act. It would require that the Department of Homeland Security work with border communities and landowners in developing security measures, rather than treat them as the enemy. DHS would also have to obey all of our nation’s laws, instead of sweeping away those which are seen as an inconvenience. Cosponsoring this bill in the House, or introducing a companion in the Senate, would be a concrete demonstration of support for border residents.

With this bill pending and walls under construction, it is critical that our members of Congress hear from their constituents right now. Urge them to support the Border Security and Responsibility Act. Demand that they work to stop further walls from tearing through the borderlands. Though only around 50 miles of border wall remain to be built it is not too late to stop it. If you lived in a home, or owned a farm, or worked at a wildlife refuge that is in the path of one of those miles, you would see every last mile as important.

So long as we sit quietly by and watch the border wall go up, we are irrelevant in the eyes of Congress. If we do not make our voices heard, and make our elected officials listen, mile upon mile of wall will be built. And while we can rail against the politicians who sacrifice our home for political gain, if we are silent we own a portion of the blame.