New Amendments Threaten Protected Lands

US representative Gosar has introduced two amendments (no. 20 and 55) to the Department of the Interior's annual appropriations bill that would do tremendous damage to our nation's protected federal lands. Representative Gosar’s (R-AZ) amendment No. 20 is an extreme attack on public lands even more overreaching than recent controversial legislation (H.R. 1505). Under this amendment the U.S. Border Patrol would be exempted from any regulation that would “impede or obstruct” patrol activities on every acre of federal land throughout the United States, putting national treasures at risk and throwing away a century of laws designed to protect our natural resources.

What federal lands would be put at risk?
• All of them. This amendment decimates environmental and other protections on every single acre of federally owned lands, from areas in the southwest already at risk from Border Patrol Activities, like the Cabeza Prieta National Wildlife Refuge in Arizona, to places far from the border, including the Grand Canyon, Yellowstone National Park, and the Cape Hatteras National Seashore.
• This amendment is NOT restricted to areas near the southwest border or even to areas near all borders, as past legislation has proposed.

What laws would be overturned?
• All of them. This amendment is even more overreaching in its impact on federal lands than the controversial H.R. 1505 because it is not restricted to a long list of environmental regulations, but prevents the enforcement of any regulation, even those put in place for safety and other reasons.
• Other regulations that could be completely ignored are those that support economic development, allowing Border Patrol to interfere with grazing, mining, and drilling for oil and gas on public lands.

What Border Patrol activities would be exempted from any oversight?
• All of them. The amendment does not clearly define what “impede or obstruct” means or who would decide whether a law or regulation meets this standard and could therefore be ignored.
• The amendment is even more overreaching than past bills on the Border Patrol because it does not limit exempted activities to “operational control” – or activities specifically intended to prevent illegal entry into the country. Instead it exempts all “patrol activities” which, without definition, could mean any activity undertaken by the Border Patrol.
• This will create conflict between agencies that have begun to work very effectively together to resolve issues surrounding Border Patrol activities.

Is the amendment even needed by the Border Patrol?

• No. The amendment would override multiagency coordination that has been occurring on Federal lands since a 2006 Memorandum of Agreement between the Departments of Homeland Security, Interior, and Agriculture that has led to increased cooperation and leveraged resources.
• 22 out of 26 Border Patrol stations on the southern border with Mexico report that the border security of their area of operation has not been affected by land management laws beyond some minor delays. Instead, factors like rugged terrain—and not access delays or restrictions—have the highest impact on operational control.
• Exemptions already exist that allow Border Patrol Officers in pursuit to continue onto any federal land regardless of regulations or laws. Other exemptions have also been established administratively to ensure the Border Patrol has the access necessary to secure the border.


In addition, Rep. Gosar has also introduced amendment No. 55, another extreme attack on federal lands. Similar to amendment No. 20, this amendment would exempt the Border Patrol from any environmental review, from protecting clean air and water, from honoring and respecting the history and culture of native people, from preserving biodiversity, and more.

Who isn’t hurt by this amendment?
Representative Gosar’s friends in industries like oil and gas drilling, grazing, mining, and logging are taken off the hook in this updated version of amendment No. 20. Amendment No. 20 exempts the Border Patrol from “any regulation” meaning that rules allowing for development and resources extraction could also be trampled by any Border Patrol activities. Amendment No. 55, however, spares these special interests and instead focuses its attack on the environment, biodiversity, and native people.

What environmental and cultural laws would be overturned?
A similar list of laws to that found in H.R. 1505 is included in the amendment. These laws represent a century of bipartisan efforts to protect the environment, intelligently manage public lands, and demonstrate respect for historical and cultural sites.

The exempted laws include:

The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
The Clean Water Act (33 U.S.C. 1251 et seq.)
The National Historic Preservation Act (16 U.S.C. 470 et seq.).
The Migratory Bird Treaty Act (16 U.S.C. 703 et seq.)
The Clean Air Act (42 U.S.C. 7401 et seq.).
The Archeological Resources Protection Act of 1979 (16 U.S.C. 18 470aa et seq.).
The Safe Drinking Water Act (42 U.S.C. 300f et seq.).
The Noise Control Act of 1972 (42 U.S.C. 4901 et seq.).
The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.)
The Archaeological and Historic Preservation Act' and the Archaeological Recovery Act (16 U.S.C. 469 et seq.).
The Antiquities Act (16 U.S.C. 431 et seq.).
The Historic Sites, Buildings, and Antiquities Act (16 U.S.C. 461 et seq.)
The Farmland Protection Policy Act (7 U.S.C. 4201 et seq.).
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.).
The Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
The Wilderness Act (16 U.S.C. 1131 et seq.).
The Bald Eagle Protection Act of 1940 (16 U.S.C. 668 et seq.).
The Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.).
The American Indian Religious Freedom Act (42 U.S.C. 1996 et seq.).
The Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.).
The Federal Grant and Cooperative Agreement Act of 1977 (31 U.S.C. 6303 et seq.)

What Species would be impacted?
The bill waives compliance with all provisions of the ESA on federal lands. Species throughout the nation that would be impacted include

In the Southwest
• Mexican spotted owl
• Desert tortoise
• Jaguar
• Ocelot
• Sonoran pronghorn
• Chiricahua leopard frog

Elsewhere in the country
• Florida Panther
• Canada lynx
• Polar bear
• Hawaii akepa (honeycreeper)
• Leatherback sea turtle
• West Indian manatee

How much do border walls cost? Just the facts:

There is a wide cost range for the construction of pedestrian border walls, resulting from factors which include labor (some sections were built by members of the National Guard, while others were built by private contractors); topography; remote vs. urban locations; land purchases and condemnations; materials (wall sections built in the 1990’s used scrap metal, obtained from the military for free, while more recent sections have required the purchase of concrete, steel, etc.); and the design that is being utilized.

In October 2008 the Houston Chronicle reported that “The Army Corps of Engineers estimated that the amount spent for pedestrian fencing has jumped 88 percent since February to $7.5 million per mile. The costs for vehicle barriers have increased 40 percent to $2.8 million per mile, according to the GAO.”
“As border fence lags, costs, controversy rise” by Stewart Powell, Houston Chronicle, October 10, 2008
http://www.chron.com/disp/story.mpl/metropolitan/6052544.html

In January, 2009, the Government Accountability Office (GAO) reported that costs for sections built up to that point ranged from $400,000 to $15.1 million. They also noted that these cost estimates were not independently verified and, “An Independent Auditor's Report on DHS's Fiscal Year 2008 Financial Statements found that CBP did not have adequate policies and procedures in place to properly account for steel purchases and construction of the U.S. border fence in an accurate and timely manner. As a result, for several months throughout the year, CBP’s financial statements did not accurately reflect the construction activity.”
Secure Border Initiative Fence Construction Costs, United States Government Accountability Office, January 29, 2009
http://www.gao.gov/new.items/d09244r.pdf

The GAO’s January 2009 report only included border wall sections that had been completed, not those which were under construction or in various stages of planning.

Sections that were later constructed included the 3.6 miles of pedestrian border wall built through the Otay Mountain Wilderness Area, at a cost of $57.7 million, averaging just over $16 million per mile.
“$57.7-million fence added to an already grueling illegal immigration route” by Richard Marosi, Los Angeles Times, February 15, 2010
http://articles.latimes.com/2010/feb/15/local/la-me-fence15-2010feb15

Also unfinished at the time were the border wall and earthen berm blocking Smuggler’s Gulch, near San Diego, which cost $59 million for 3.5 miles, averaging $16.8 million per mile.
“A Barren Promise at the Border” by Rob Davis, Voice of San Diego, October 22, 2009http://www.voiceofsandiego.org/environment/article_13330282-1245-5e49-bd68-5a10237c9f44.html

According to the GAO it will cost an estimated $75 million per year to maintain border walls. As of mid-May 2009, the fence had been breached more than 3,300 times, with costs to repair each breach averaging $1,300.
Secure Border Initiative: Technology Deployment Delays Persist and the Impact of Border Fencing Has Not Been Assessed, Government Accountability Office, September 2009
http://www.gao.gov/new.items/d09896.pdf

In 2011 the GAO stated that “CBP estimated that the border fencing had a life cycle of 20 years and over these years, a total estimated cost of about $6.5 billion to deploy, operate, and maintain the fencing and other infrastructure. According to CBP, during fiscal year 2010, there were 4,037 documented and repaired breaches of the fencing and CBP spent at least $7.2 million to repair the breaches, or an average of about $1,800 per breach.”
BORDER SECURITY: DHS Progress and Challenges in Securing the U.S. Southwest and Northern Borders, United States Government Accountability Office, March 30, 2011
http://www.gao.gov/new.items/d11508t.pdf

In the spring and summer of 2011, CBP replaced 2.77 miles of existing “landing mat” fence in Nogales, which had suffered numerous breaches, with “bollard” fencing, at a cost of $11.6 million.
“Barrier Rebuilt” by Margaret Regan, Tucson Weekly, June 23, 2011
http://www.tucsonweekly.com/tucson/barrier-rebuilt/Content?oid=3028495

In 2010 the GAO reported that “Since fiscal year 2006, DHS has received about $4.4 billion in appropriations for SBI, including about $2.5 billion for physical fencing and related infrastructure, about $1.5 billion for virtual fencing (e.g., surveillance systems) and related infrastructure (e.g., towers), and about $300 million for program management.”
SECURE BORDER INITIATIVE: DHS Needs to Strengthen Management and Oversight of Its Prime Contractor, United States Government Accountability Office, October, 2010
http://www.gao.gov/new.items/d116.pdf

Border Skirmish: Republicans Are Using Immigrants to Bash Our Wilderness

by Char Miller

It would be nice if Congress held executive-branch agencies accountable for their actions. Or insisted that they follow federal law. Or fulfill their fiduciary responsibilities to one another.

But the Republican-controlled House of Representatives is making a mockery of these basic rules of order and good government.

You won't be surprised that the latest bit of GOP chicanery involves its twin obsessions: the U.S-Mexico Border and national environmental regulations. Their hyperventilating defense of the former, as I've noted before, comes with blustery assaults on the latter.

Since November, Utah representative Rob Bishop, chair of the House subcommittee on public lands, along with his gal pal, Cynthia Lummis (R-WY), and a host of fellow travelers, have mounted an incessant campaign to allow the U. S. Border Patrol to ignore key provisions of the Wilderness Act, the Endangered Species Act, and other vital environmental laws.

Arguing that such legislation impedes the Border Patrol's capacity to defend the nation against undocumented migrants, they have filed amendments and riders to pending legislation, called public hearings to lambaste officials of the Department of Interior, and penned fulminating op-eds to rouse the party's extremist base.

Their most recent gambit came late last week in the form of an amendment to the Department of Homeland Security's appropriation. Rep. Lummis proposed, and a lock-step Republican vote secured, a rule prohibiting DHS from transferring funds to the Department of the Interior.

These moneys would have been used to mitigate the oft-intense environmental damage resulting from the construction of the infamous border wall across federal wildlife refuges, wildlands, and preserves, in such places as the Rio Grande Valley; Arizona's Organ Pipe Cactus National Monument; and the Otay Wilderness near San Diego. And from the spinning wheels of its high-speed patrols that can tear up wildlife habitat or damage sensitive ecosystems.

Such mitigation, required by law, is also sanctioned through longstanding practice among localities, states, and the federal government. It is also a matter of committed environmental stewardship.

Neither the precedent nor the principle matters to contemporary Republicans. In a "Dear Colleague" letter that Bishop, Rep. Doc Hastings (R-WA), chair of the Natural Resources Committee, and Rep. Peter King (R-NY), chair of the Committee on Homeland Security sent out in support of Lummis' amendment, they thrilled at its anti-environmentalism: "the amendment would strike language in the bill that allows these funds to be used by the Interior Department to purchase even more land. Additional federal land acquisition only exacerbates the problem by limiting access to even more land and further bloating the federal estate--at a time when the government cannot even afford to provide the basic care and maintenance needed for existing national parks and other lands."

(Query: why can't the government afford to take care of its treasured public lands? Answer: drastic Republican budget cuts!)

Lummis heaps just as much scorn on the legal obligations and moral responsibilities the government has for protecting our public lands: "Every day our nation's border patrol fights to protect our country against increasingly sophisticated criminal networks that produce and smuggle illegal drugs, and people, into America," she fumed. "Unfortunately, DOI policies have tied the hands of Border Patrol agents, who need access to federal lands to carry out their constitutional responsibility to secure the border."

Her allegation is bogus. The very same Government Accountability Office report that Lummis and Bishop routinely cite as evidence that environmental regulations have handcuffed the Border Patrol, in fact reached the opposite conclusion. In mid-April, for instance, the GAO found that "22 of the 26 patrol agents-in-charge reported that the overall security status of their jurisdiction had not been affected by land management laws. Instead, factors such as the remoteness and ruggedness of the terrain have had the greatest effect on their ability to achieve operational control in these areas."

The report also revealed that the four patrol agents-in-charge who had "reported that delays and restrictions had affected their ability to achieve or maintain operational control," admitted they "either had not requested resources for increased or timelier access or their requests had been denied by senior Border Patrol officials because of higher priority needs of the agency."

Moreover, the GAO investigation demonstrated that relevant agencies out in the field and inside the Beltway have developed close working relations. To argue otherwise, as Lummis and Bishop reflexively do, is to perpetuate a fraud.

Ah, but why let the facts get in your way when you can wrap yourself in the flag as protective cover? Trumpets Lummis: "our nation's security should be our top priority." Wilderness be damned.

Such a blinkered public policy, in point of fact, will lead us into damnation. That's the potent message embedded in Aldo Leopold's private correspondence and his brilliant conservation classic, Sand County Almanac (1948).

Arguing that wilderness is an irreplaceable part of our "cultural inheritance," and that even then was in precious, dwindling supply--it is a "resource that can shrink but cannot grow"--Leopold urged his fellow citizens to defend these beleaguered lands against those with a narrowly conceived notion of homeland securityhttp://www.blogger.com/img/blank.gif. "If we lose our wilderness, we have nothing left...worth fighting for."

Note, please, that Leopold was a Republican.

Char Miller is the Director and W.M. Keck Professor of Environmental Analysis at Pomona College, and editor of the just-published "Cities and Nature in the American West."

Reprinted with the author's permission, this essay was originally posted at KCET:

http://www.kcet.org/updaily/socal_focus/commentary/border-skirmish-republicans-are-using-immigrants-to-bash-our-wilderness-34146.html

Congressional Nightmares Fuel a New Assault on our Borderlands

By Scott Nicol

In his recent speech in El Paso President Obama pointed to the buildup of border security personnel and infrastructure, and declining crime rates in border communities, to justify a renewed effort to enact immigration reform. This will be a tough sell in the current Congress.

Just three weeks earlier the difficulty of his task was on display in Washington DC when Representative Jason Chaffetz (R-UT) displayed photos of headless corpses while shouting at Ron Vitiello, Deputy Chief of the US Border Patrol, during a committee hearing. Vitiello had enraged Representative Chaffetz by calmly asserting that, “While there is still work to be done, every key measure shows we are making significant progress along the Southwest border.”

The horrific pictures were not taken within U.S. borders, and so were outside of the Border Patrol’s jurisdiction, despite Chaffetz’ cries that “This is the kind of thing that we’re sending our agents to deal with on a daily basis!”

Chaffetz’ anger boiled over because Deputy Chief Vitiello was not following the Congressman’s script. The facts, that border communities are safe and apprehensions are down, were not welcome.

The Congressional hearing was intended to paint a picture of the U.S. southern border as a war zone, awash in blood and the mutilated bodies of innocents. In this telling, the Border Patrol fights valiantly to achieve “operational control” and quell the violence, but it is hamstrung by environmental laws and federal land managers who care more about endangered species than human life.

It was meant to promote HR 1505, the misnamed “National Security and Federal Lands Protection Act.” Starting with the premise that the Border Patrol has been prevented from entering federal wildlife refuges, wilderness areas, and national monuments along the southern border, it gives the Border Patrol carte blanche on federal lands.

Like the photos of headless bodies, this provision is based on a false impression of our southern border. The Border Patrol and federal land management agencies signed a cooperative agreement in 2006 allowing access to protected lands that Vitiello said works well. Rugged terrain and remote locations are the real problems reported by agents in the field, not restrictions imposed by land managers.

The bill goes on to exempt the Border Patrol from obeying dozens of environmental laws.

Its precursor, the Real ID Act, was used in 2008 to waive 36 laws along the southern border to erect border walls. The Endangered Species Act, Clean Water Act, and National Environmental Policy Act were among those brushed aside to allow for construction that otherwise would have violated them. This resulted in severe environmental damage.

HR 1505 extends the 2008 waivers to cover all of the U.S. – Mexico border, the Canadian border, all maritime borders, and every square inch of terrain within 100 miles of them.

The waiver covers some of our nation’s most important protected areas, from Glacier National Park and the Boundary Waters to Redwood National Park and the Cape Cod National Seashore. Two-thirds of the population of the United States would also fall under the waiver.

Instead of thanking the Congressmen for freeing the Border Patrol from these legal burdens, Deputy Chief Vitiello undermined HR 1505’s premise. He confirmed the Government Accountability Office finding that “Most agents reported that land management laws have had no effect on Border Patrol’s overall measure of border security.”

The photos of headless bodies were displayed in an effort to discredit the Border Patrol’s testimony, and to burn a brutal image into viewers’ minds that would overwhelm the facts that Vitiello presented.

The angry tirades aimed at the Border Patrol made it clear that the “National Security and Federal Lands Protection Act” really has nothing to do with national security. It does not help the Border Patrol, and they did not ask for it. It is nothing more than an assault on our nation’s public lands and environmental laws.

Speaking within sight of the border, President Obama said that “despite a lot of breathless reports that have tagged places like El Paso as dangerous… El Paso and other cities and towns along this border are consistently among the safest in the nation.”

America cannot develop rational policies that protect border residents and ecosystems by picking and choosing facts any more than we can support the rule of law by cherry picking which laws to obey and waiving the rest. With members of congress choosing fear over facts, ungrounded nightmares instead of FBI statistics, the reform that the president spoke of remains a distant dream.




Here is part one of the April 15 hearing on HR 1505



Here is part two. Rep. Chaffetz brandishes the photos of corpses around a half-hour into this clip.

Congressional Proposals Aim to Eviscerate Environmental Laws Along U.S. Borders, Coasts

Press Release from:

Randy Serraglio, Center for Biological Diversity
Scott Nicol, Sierra Club Borderlands Team
Jenny Neeley, Sky Island Alliance
Matt Clark, Defenders of Wildlife
Mike Quigley, The Wilderness Society
Nathan Newcomer, New Mexico Wilderness Alliance
Matt Skroch, Arizona Wilderness Coalition

Under Guise of Border Security, Bills Would Eliminate Measures
Protecting Air, Water, Endangered Species

TUCSON, Ariz.— Two bills pending in Congress would eliminate environmental laws along U.S. borderlands — including those that protect endangered species and safeguard clean air and water — under the guise of improving border security. The “National Security and Federal Lands Protection Act” (H.R. 1505), introduced by Utah Rep. Rob Bishop, would permanently exempt border-enforcement activities from 31 environmental and cultural resource laws within 100 miles of all U.S. borders and coasts.

The “Border Security Enforcement Act of 2011” (S. 803), introduced by Arizona Sens. John McCain and Jon Kyl, would effectively give the Department of Homeland Security veto power over environmental protections on public lands within 150 miles of the southwestern border. Land managers in the border region would be prevented from acting to protect the resources they manage if their actions were perceived to conflict with Department of Homeland Security activities.

“These bedrock environmental laws were put in place for a reason: to protect the air we breathe, the water we drink and the natural resources and wildlife we value,” said Randy Serraglio, a conservation advocate with the Center for Biological Diversity. “It makes no sense to turn our back on these laws to satisfy the narrow agenda of a few politicians looking to score points with their most extreme constituents.”

The authority included in these bills has not been requested. In fact, it has been deemed unnecessary by border-enforcement agencies. During an April 15 congressional hearing on border security, U.S. Border Patrol Deputy Chief Ronald Vitiello testified that his agency “enjoys a close working relationship” with public lands agencies that “allows it to fulfill its border enforcement responsibilities.” Vitiello said his agency “is fully committed to continuing our cooperative relationships with the Department of the Interior and the Department of Agriculture.”

“These bills have been introduced solely to satisfy the radical whims of a small minority of anti-environment extremists in Congress,” said Jenny Neeley, conservation policy director for Sky Island Alliance. “These proposals threaten the entire Sky Islands region we work to protect by establishing a dangerous legal precedent of permanently erasing environmental and cultural resource protections across huge swaths of the United States.”

Barrier and road construction, off-road driving, stadium lighting and other border-enforcement activities already threaten parks, refuges and other protected areas as well as many species in the border region, including endangered jaguars and ocelots in Arizona, New Mexico and Texas.

“Too much damage has been done to our borderlands already,” said Scott Nicol, Sierra Club Borderlands Team co-chair. “From massive blasting and erosion in California wilderness areas to devastating floods in Arizona and fragmented habitat for endangered species in Texas, the implementation of border enforcement with callous disregard for our nation’s environmental laws has caused one disaster after another.”

“Protections for endangered wildlife, water and clean air are not standing in the way of border security,” said Matt Clark with Defenders of Wildlife in Tucson. “All Congress has to do is look at the facts: Apprehensions of immigrants illegally crossing the border have fallen by two-thirds over the past decade. Border Patrol and land-management agencies have been effectively working together, and it’s clear that it takes teamwork to secure the border and protect the environment.”

“These efforts to discard the rule of law rest on the false premise that we can have border security or we can have functioning borderlands ecosystems, but not both. That's wrong. We can — and we should — have both,” said Mike Quigley, Arizona representative of The Wilderness Society.

“Protected areas such as wilderness and national parks along our borders provide us with essential environmental services, premier recreation opportunities and important habitat for our wildlife heritage,” said Matt Skroch, executive director of the Arizona Wilderness Coalition. “These shortsighted efforts to waive laws are penny wise and pound foolish. Border enforcement and natural resource management are not and should not be mutually exclusive.”

http://www.biologicaldiversity.org/news/press_releases/2011/border-05-04-2011.html

Border Walls versus Environmental Justice

By Scott Nicol

In 1994 President Clinton issued Executive Order 12898 to address the issue of Environmental Justice. It instructs federal agencies to identify and address actions that might have “disproportionately high and adverse human health or environmental effects… on minority populations and low-income populations.” EO 12898 remains in effect today, but in building border walls the Department of Homeland Security (DHS) has chosen to ignore it.

Since the passage of the Secure Fence Act around 650 miles of border wall have been built, slicing though towns, farms, and natural areas. Southern border states have rates of poverty that are significantly higher than the national average. In 2009 Arizona had the second highest poverty rate in the nation, New Mexico had the third highest, and Texas came in seventh. Within these states communities along the border tend to be the poorest. The 2007 list of 10 counties with the lowest median incomes in the nation included the Texas border counties of El Paso, Hidalgo, and Cameron, all three of which now have border walls.

Rather than act to minimize the border wall’s impacts on these communities, DHS used the Real ID Act to waive 36 federal laws. The Safe Drinking Water Act, Farmland Protection Policy Act, Native American Graves Protection and Repatriation Act, and other laws that protect the rest of the nation no longer protect border communities. Equal protection under the law does not apply to those who live along the border.

This has led to a host of negative impacts on border communities. The economic impacts of land condemnation and damage to family farms have hit economically disadvantaged communities. Walls have cause severe flooding in Lukeville, Arizona, and across the border in Nogales, Sonora, Mexico, where two people drowned. In Texas wetlands have been destroyed, and construction has caused serious erosion, further degrading the Rio Grande, which is the source of drinking and irrigation water for border residents.

In documents released before wall construction began, DHS stated that each of the Texas communities living in the path of the wall, “meets these two criteria [high percentages of minority and low-income residents] as a potential environmental justice population.” DHS went on to claim, however, that “the Secretary’s waiver means that CBP no longer has any specific obligation under Executive Order (EO) 12898.” While the first statement is backed by census data, the claim that DHS is not bound by the executive order is false, because the executive order was not listed among the 36 laws that DHS waived. But the assertion has meant that little effort has gone into lessening the impacts of border walls on border communities, or including them in decision-making.

South Texas Communities

To build border walls the federal government filed condemnation lawsuits against more than 400 Texas landowners, in communities that are 85 – 90% Hispanic and have rates of poverty that are more than twice the state average.

In Hidalgo and Cameron counties, where border walls were built along existing levees, homes, businesses, farms, and privately-owned nature preserves have been cut in two, or even walled off entirely, trapped between the border wall and the Rio Grande.

DHS has only to paid for the exact footprint of the border wall (typically, a 60-foot wide strip) as it passes through a parcel of land. The agency has completely discounted the hardships that the border wall will bring to landowners, such as the devaluation of contiguous property, access to farm land and homes, and impacts on livelihood.

In south Texas there are 21 separate border walls, totaling 70 linear miles, with wide gaps between sections. Border residents noticed that walls tended to be built through the lands of low-income families, but stopped abruptly at the property line of landowners such as the Hunt family, who, coincidentally, donated millions for the construction of the Bush Presidential Library.

Researchers from the University of Texas who examined this determined, “Our comparison of the areas planned to be fenced along the border with those areas where ‘gaps’ in the fence are planned suggests disproportionate impact on individuals with lower income and education, Hispanic ethnicity and non-U.S. citizenship status.”

Tohono O’odham Nation

The Tohono O’odham nation in Southern Arizona is split by 75 miles of the U.S.-Mexico border, with 1,500 out of 20,000 tribal members living south of the line. As in many Native American nations poverty is widespread. According to the 2000 census the average income on the reservation was $8,137, compared to a national average of $26,940. Life expectancy was eight years less than the national average.

Speaking before a U.S. House of Representatives hearing on the border wall, O’odham Chairman Ned Norris Jr. said, “We are older than the international boundary with Mexico and had no role in creating the border. But our land is now cut in half, with O’odham communities, sacred sites, salt pilgrimage routes, and families divided.”

Chairman Norris went on to state that, with the waiving of the Native American Graves Protection and Repatriation Act, “… fragments of human remains were observed in the tire tracks of heavy construction equipment. Barriers and the border road now cross the site.”

“Imagine a bulldozer parking in your family graveyard, turning up bones. This is our reality.”

Chairman Norris concluded, “We know from our own experience living on the border that security can be improved while respecting the rights of tribes and border communities, while fulfilling our duty to the environment and to our ancestors, and without granting any person the power to ignore the law.”

Climbing the Border Wall

A recent video clip showing two young women scaling the border wall in under 20 seconds has gone viral. The video was shot by a crew working on the film The Other side of Immigration, in what appears to be the Arizona desert. FOX and other media outlets have done stories on it, and as of today it has been watched 456,602 times on Youtube.

Here is the clip:




Most of the responses have been a mix of surprise and amusement that a federal project that has soaked up over $3 billion, and has involved more than 400 condemnation suits against landowners and the waiving of 36 federal laws would be so easy to overcome.

It should not surprise anyone.

Climbing the San Diego "triple fence." Photo by Laura Garcia.

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."




Clip from the documentary The Wall.

Climbing the border wall in the Otay Mountain Wilderness Area while Border Patrol agents look on. Photo by Italia Milan.

Border Patrol spokesperson Mike Scioli said, "The border fence is a speed bump in the desert."

But that is likely giving it too much credit. In this clip former President Bush is giving an interview in front of the border wall, discussing the efficacy of his border security measures. Just over his shoulder a group of immigrants jump the wall:



Before the border walls that President Bush touted were built, Del Rio, Texas, Border Patrol Chief Randy Hill predicted, "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." He made no claim that they would stop anyone.

Photo from a Time Magazine article titled "The Great Wall of America."

The border wall has been a farce since its inception. Forget the "danged fence." It is time to admit that the emperor has no clothes, and address immigration reform and substance abuse in a rational manner.