Friday, July 31, 2009
Landowners Win Explanation Of Border Fence Access
July 31, 2009
by Christopher Sherman
BROWNSVILLE, Texas (AP) ― A federal judge has ordered the U.S. government to clearly tell property owners affected by the fence along the Mexican border how they will be able to access their land.
It has taken weeks for the government to hammer out such an explanation for five landowners east of Brownsville who have been fighting in court for specifics and clearer language.
On Friday, U.S. District Judge Andrew Hanen told Justice Department lawyers they need to do the same for the approximately 255 other South Texas landowners who have not settled their cases.
"I think the landowners deserve that," Hanen said. If the government is taking their land they should know exactly what is being taken and how they will get to it, he said.
Nearly all of the promised 670 miles of vehicle and pedestrian barriers are complete, but the government has run into stiff resistance in South Texas. While the fence segments in the area run in relatively straight lines, the Rio Grande twists and turns — leaving thousands of acres of land stuck between fence and river.
Friday's status hearing, a step toward trials scheduled for early next year in which juries will decide how much the government should pay landowners, also revealed a significant change by the government as it tries to finish one of the last segments of the fence seven months after it was supposed to be completed.
Until now, the government had purchased for the border fence only strips of land running on the north side of levees that protect the low-lying areas of South Texas from the Rio Grande. But after struggling to sort out access rights for property owners, many of them with commercial farming operations, the government decided it will also condemn the land directly under the levee.
Kimberli Loessin, an attorney for several property owners east of Brownsville, said the government planned to take the land under the levee for the easternmost 13-mile border fence segment. It was unclear if the government planned to condemn the levee land in other areas, but Assistant U.S. Attorney Paxton Warner said the government hoped to begin filing amended papers to condemn land by the end of August.
While Border Patrol and other federal agencies have the right to drive along the top of the levee, they did not own it. That made it impossible to guarantee property owners rights to drive along portions of the levee to access land that was stranded in the no man's land between the fence and the Rio Grande.
http://cbs11tv.com/wireapnewstx/Judge.orders.government.2.1108949.html
Border fence access, compensation questions to be presented in federal court today
July 30, 2009
by Laura B. Martinez
Construction of the border fence has stalled in the most southern parts of Cameron County because of unanswered questions brought to light by affected landowners.
They want to know what land the government is actually seizing from them and how they will gain access to and from their property.
These questions could be answered today in federal court where several landowners and representatives of the U.S. Department of Homeland Security will face off again on the battle for the land, including areas deemed "no man’s land."
U.S. District Judge Andrew S. Hanen in May suspended some of the fence’s construction in Cameron County after learning that the landowners were concerned that access to their lands could be cut off and their concerns about the types of gating to be used.
Also in question is what land the government would pay for, including that in front and in back of the fence that some landowners believe would become worthless and hard to sell.
Much of the land is farmland.
Although construction continues on a section that runs east of Brownsville along Oklahoma Road and Highway 4, portions affected by lawsuits remain either untouched or unfinished.
"We felt absolutely compelled to raise these issues with the court and every landowner out there whose property is being taken by the government should do the same," Kimberli Loessin, attorney for several property owners covered by the judge’s order, said in a June 10 e-mail to the Associated Press. "Otherwise, lawsuits move forward, fences get built, and compensation gets determined without the government ever admitting to what it is really taking away from landowners."
Claude R. Knighten, spokesman for U.S. and Customs Border Protection’s Secure Border Initiative in Washington, D.C., said while the lawsuits may have caused some construction delays, reported figures that the delay is costing the government about $57,000 a day are untrue.
The delay costs will be compiled once the construction crews contracted to build the fence turn in their invoices for reimbursements, Knighten said.
In May, Assistant U.S. Attorney Daniel Hu told Hanen that a delay could cost the government $10,000 to $15,000 a day, because the contracts had been awarded and the crews were ready to work, the Associated Press reported.
http://www.brownsvilleherald.com/news/questions-100509-access-federal.html
Tuesday, July 28, 2009
Illegal crossings are down, but not because of border fence
July 27, 2009
by Thomas R. Jimenez
Border Patrol apprehensions may have dipped to the lowest rate in 35 years, but it has nothing to do with border security. Rates of illegal migration are governed by social and economic forces, not by expensive surveillance technology, walls and the Border Patrol. It thus makes no sense to continue to rely on an expensive and failed border fortification as a centerpiece of our immigration policy.
Proponents of more border fortification argue that added manpower, new technologies and a get-tough detention policy have combined to bring the number of border apprehensions down nearly 35 percent over the last three years. But border enforcement is not what's reducing the flow of illegal immigration.
Wayne Cornelius and researchers at the Center for Comparative Immigration Studies at the University of California-San Diego have been collecting data for years on thousands of people who have migrated between the U.S. and Mexico. Their data shows that added enforcement does not deter people from attempting to cross illegally.
Among veteran and first-time migrants interviewed in 2007-08, concerns about the difficulty and danger of crossing had no statistical effect on their plans to migrate. Most (63 percent) were worried primarily about Mexican police or bandits. Only 35 percent said fences, the Border Patrol or National Guard personnel were their greatest concern.
More striking, border fortification has been impotent in stopping them from making it successfully: 97 percent of migrants from the state of Yucatán interviewed this year successfully crossed the border. Yucatecan migrants have maintained this success rate for more than a decade, and migrants from other Mexican sending communities from the last four years show success rates near 100 percent.
Fortification makes crossing the border more difficult but not impossible. Migrants almost always enlist the help of smugglers, who charge from $2,500-$3,000 per head. They find ways to move their human cargo around fencing and past the detection of the Border Patrol.
What looks like the result of an effective border control policy is almost entirely the result of a souring U.S. economy. In 2006, when the economy was solid, 34 percent of economically active Yucatecan residents considered migrating north. That figure plummeted to just 8 percent this year.
It's easy to see why fewer might come. According to the Pew Hispanic Center, 31 percent of employed illegal immigrants work in service-sector jobs, but Americans are cutting back on the services attached to these jobs. An additional 19 percent of illegal immigrants work in the construction industry, where, from the first quarter of 2007 to the third quarter of 2008, there were 195,000 net fewer Latino-immigrant construction workers employed. In other words, the same economic forces that spurred illegal immigration in the first place are accounting for its decline.
A dire economy is succeeding at doing what border fortification is intended to accomplish. But it makes no more sense to depend on a bad economy than it does to continue to rely on border fortification as the focus of our immigration policy.
An effective policy manages immigration instead of trying to control it at the border. That means placing less emphasis on catching workers and more on preventing the flow of contraband and terrorist activity. It means creating a pathway to legal residency for most illegal immigrants, establishing stiff and enforceable penalties for employers who hire workers illegally and developing a system that allows for the efficient and legal flow of labor. Such a policy would be practical, sustainable, humane and long overdue.
Tomás R. Jiménez is an Irvine fellow at the New America Foundation and assistant professor of sociology at Stanford University. He wrote this article for the Mercury News.
Monday, July 27, 2009
Lawmakers: Border fence has drawbacks
July 25, 2009
by Diana Washington Valdez
EL PASO -- U.S. Rep. Silvestre Reyes, D-Texas, and 42 other lawmakers are asking Homeland Security Secretary Janet Napolitano to reduce the damage to communities and the environment caused by border barriers and other security border operations.
On Friday, the lawmakers sent Napolitano a letter detailing their concerns and asking her to act on them.
A spokesperson for the Homeland Security Department in Washington, D.C., was not available late Friday for comment.
In some places along the border, some of the security structures have worsened seasonal flooding, according to a 2008 National Park Service report, and may be hurting the Tijuana River habitat, the lawmakers said.
"This massive federal project has had deleterious consequences upon natural and cultural public resources, and has caused hardship for private land owners whose lands have been condemned and livelihoods have been disrupted," the letter said.
Oliver Bernstein, spokesman for the Sierra Club in Austin, which supports the legislators' campaign, said U.S. Rep. Raul M. Grijalva, D-Ariz., is helping to spearhead the effort.
"The Sierra Club has been working to get congressional support for this type of review that would lead to undoing the damage to wildlife," Bernstein said. "There's been increasing awareness of the damage caused by the (fence) project."
Border interdiction activities, such as the use of off-road vehicles and low-level flights, also damage the environment, the letter said. Lawmakers recommend training and other measures to reduce the damage.
Border Patrol officials said the border fence planned for the El Paso sector has been completed.
In a statement, Reyes said, "It is imperative that the Department of Homeland Security work closely with other federal agencies and border communities to mitigate the negative environmental impact the border fence has caused in some areas.
"Federal agencies currently do not have adequate monitoring in place to address the disruptions that resulted from the border fence, and we are urging Secretary Napolitano to implement a border-wide strategy to deal with these problems."
http://www.elpasotimes.com/ci_12911565
Friday, July 24, 2009
Dozens of lawmakers write to Napolitano with concerns about impact of border barriers
July 24, 2009
by Steve Taylor and Joey Gomez
McALLEN, July 24 - Forty three members of Congress have sent a letter to Homeland Security Secretary Janet Napolitano voicing concern over the “mounting” environmental and societal impact of the border wall and other security barriers.
The lawmakers have asked the Department of Homeland Security (DHS) to cooperate with other applicable agencies to create and fund a “robust border-wide environmental monitoring program” and to provide “sufficient mitigation funding” for damage caused by border security infrastructure and enforcement activities along the Southwest border region.
“It is the Secretary’s responsibility to protect the homeland, not selectively destroy our environment,” said Rep. Raúl M. Grijalva, D-Ariz., one of the 43 members of Congress to sign the letter.
Grijalva, who convened a congressional hearing about the border wall at the University of Texas at Brownsville last year, said a review is necessary to “quantify, compensate for and avoid the negative consequences of border security infrastructure and operations.” He said border communities are “open to working on behalf of security - not a selective security, but rather one that includes habitat, national, border, and regional security.”
Grijalva described the hundreds of miles of border fencing constructed by DHS as a “massive federal project.” He said the project has had “serious consequences upon natural and cultural public resources, and has caused hardship for private land owners, whose lands have been condemned and livelihoods have been disrupted.”
Scott Nicol, a co-founder of the No Border Wall group, pointed out that U.S. Fish and Wildlife estimates that 60 percent of their National Wildlife Refuge tracts in south Texas will be impacted by the border wall. The South Texas tracts were established, in part, for the protection of endangered species such as the ocelot and jaguarondi.
“We are pleased to hear that 43 members of Congress are stepping up to the plate and attempting to correct some of the environmental damage that the border wall has done. If former Homeland Security Secretary Chertoff had not been given the power to waive all laws, this would have been addressed before wall construction began. Chertoff used the Real ID Act to waive the National Environmental Policy Act, along with 35 other federal laws, stopping the usual Environmental Impact Statement process in its tracks,” Nicol told the Guardian.
“Before the first bulldozer dug into the earth to clear a path for the wall, many of its impacts had been predicted. The Environmental Protection Agency warned that blasting in California's Otay Mountain Wilderness Area would dump thousands of tons of rock and sediment into the Tijuana River. Defenders of Wildlife issued a report on the Arizona wall's impacts on the ability of endangered Sonoran pronghorn to migrate. U.S. Fish and Wildlife told DHS that Hidalgo County's levee-border wall would be incompatible with the mission of the wildlife refuges that it would slice through.”
The letter from the members of Congress has this to say about the environmental impact of the border wall in south Texas:
“In south Texas, private land owners and agricultural interests have significant tracts of land that have been or will be isolated to the south of border fencing. Yet, DHS has only offered compensation for the exact footprint of the infrastructure – failure to recognize or compensate for fiscal losses of property value and accessibility caused by the construction of border fencing.”
Nicol said the monitoring and mitigation program that the members of Congress are calling for would be a “good first step towards bringing scientific rigor to an understanding of the wall's impacts.” However, he said the No Border Wall group is concerned that DHS will ignore its findings, “just as they ignored the Environmental Protection Agency, Defenders of Wildlife, and U.S. Fish and Wildlife.”
Nicol said this is the reason that no individual or agency should be given the power to “brush aside” the law.
“While this letter marks an important first step, the real solution would be to take back the power granted to DHS by the Real ID Act,” Nicol said.
“With more wall construction called for in Senator DeMint's amendment, and the likelihood that walls will be included in the upcoming comprehensive immigration reform bill, it is important to recognize the terrible toll that walls have already taken on the environment of the border. It is even more important that members of Congress work to prevent any more from being built.”
The move by the lawmakers won immediate praise from the Sierra Club.
“We applaud the representatives who have taken a stand on behalf of the communities and wildlife of the borderlands,” said Michael Degnan, associate representative for the Sierra Club in Washington, D.C. “We agree with these members of Congress and firmly believe that the Department of Homeland Security should, at the very least, work to repair the damage caused by its border walls and security activities.”
Degnan pointed out that the Homeland Security Appropriations bill that passed out of the U.S. House last month included an additional $40 million for borderlands monitoring and mitigation, but that the Senate version did not.
“As you conduct your evaluation of border security initiatives, we encourage you to consider the importance of monitoring, mitigation, and environmental training for border security personnel in order to quantify, compensate for and avoid the negative consequences of border security infrastructure and operations,” the 43 members of Congress wrote.
Every one of the 43 members of Congress that signed the letter are Democrats. Only one Texas border member failed to sign the letter, Rep. Henry Cuellar, D-Laredo.
The 43 members of Congress are:
Max Baca, CA
Earl Blumenauer, OR
Lois Capps, CA
Clarke, NY
Steve Cohen, Tenn.
Susan Davis, CA
Norm Dicks, Wash.
Anna Eshoo, CA
Sam Farr, CA
Bob Filner, CA
Gabrielle Giffords, Ariz.
Charlie Gonzalez, TX
Raul Grijalva, Ariz.
Luis Gutierrez, IL
Maurice Hinchey, NY
Rubén Hinojosa, TX
Rush Holt, NJ
Sheila Jackson Lee, TX
Dennis Kucinich, OH
Barbara Lee, CA
Ben Ray Lujan, NM
Edward Markey, Mass.
Michael Michaud, Maine
Jim Moran, VA,
Grace Napolitano, CA
John Olver, Mass.
Solomon Ortiz, TX
Ed Pastor, Ariz.
Donald Payne, NJ
Jared Polis, CO,
Mike Quigley, IL.
Silvestre Reyes, TX
Ciro Rodriguez, TX
Steve Rothman, NJ
Gregorio Sablan, Northern Mariana Islands
Linda Sanchez, CA
Loretta Sanchez, CA
Jan Schakowsky, IL.
José Serrano, NY
Jackie Speier, CA
Pete Stark, CA
Maxine Waters, CA
Henry Waxman, CA
Here is a copy of the letter:
July 23:
Dear Secretary Napolitano,
We write to you today with concern regarding mounting environmental and societal impacts related to border security infrastructure and operations. As you conduct your evaluation of border security initiatives, we encourage you to consider the importance of monitoring, mitigation, and environmental training for border security personnel in order to quantify, compensate for and avoid the negative consequences of border security infrastructure and operations. We ask that the Department of Homeland Security (DHS) cooperate with other applicable agencies to create and fund a robust border-wide environmental monitoring program and to provide sufficient mitigation funding for damage caused by border security infrastructure and enforcement activities.
As you are aware, hundreds of miles of new border fences and patrol roads have been constructed by DHS along the U.S.-Mexico border in the past several years. This massive federal project has had deleterious consequences upon natural and cultural public resources, and has caused hardship for private land owners, whose lands have been condemned and livelihoods have been disrupted. Considerable annual maintenance operations will be required for border fencing. The Congressional Budget Office estimates annual maintenance costs will amount to 15 percent of initial construction costs, which are averaging $3 million per mile. In addition, with DHS adding significantly more Border Patrol personnel, it is becoming increasingly important that impacts related to off-road vehicles, low-level flights and other interdiction activities be quantified and mitigated for, and that DHS provide training for its personnel in techniques to minimize damage to sensitive resources during enforcement activities.
We understand that in 2008 DHS allocated up to $50 million to the Department of the Interior (DOI) for border fence mitigation. It is our understanding this money will be utilized primarily for off-site mitigation targeted to benefit security infrastructure projects. We believe this first round of mitigation for threatened and endangered species, along with the memorandum of agreement signed by DHS and DOI, demonstrate a positive commitment to mitigating negative impacts. However, there are numerous impacts across the border caused by both security infrastructure and operations that will require significantly more resources to properly monitor and mitigate.
For example, the National Park Service issued a report in August, 2008 confirming that border fencing astride the Lukeville Port of Entry has exacerbated seasonal flooding and has caused accelerated scouring and erosion on the Organ Pipe Cactus National Monument – threatening to permanently alter the hydrology of the area if modifications are not made to rectify the inadequate design. A similar problem was identified at the DeConcini Port of Entry, where tunnel barrier and fence-exacerbated flooding caused extensive property and infrastructure damage in Nogales, Mexico. There are also serious concerns related to border infrastructure construction-induced siltation and resulting degradation of sensitive habitats of the Tijuana River Estuary and the San Pedro River, located in southern California and Arizona, respectively. In south Texas, private land owners and agricultural interests have significant tracts of land that have been or will be isolated to the south of border fencing. Yet, DHS has only offered compensation for the exact footprint of the infrastructure – failure to recognize or compensate for fiscal losses of property value and accessibility caused by the construction of border fencing.
To date, there has been a lack of scientifically-based monitoring to quantify the environmental impacts of border security infrastructure and operations. Information from monitoring will provide objective data on impacts, so that efforts to avoid impacts and mitigate for unavoidable impacts can be targeted appropriately. It is our understanding that such a pilot program has been proposed and is to be led by the United States Geological Survey (USGS). We understand the initiation of this program is pending a memorandum of agreement between DIIS and DOI. We are concerned that this monitoring program, currently in a conceptual stage, is not being implemented fast enough; ongoing acute and cumulative impacts continue to go unmonitored. We urge you to ensure that DHS is an active partner in establishing this program and in utilizing the information derived from it to inform a robust, multi-year border mitigation fund.
We appreciate your consideration of this request.
Sincerely,
http://riograndeguardian.com/rggnews_story.asp?story_no=25
Thursday, July 23, 2009
6TH ANNUAL BORDER SECURITY CONFERENCE
Homeland Security Secretary Janet Napolitano, Assistant to the President John Brennan, Assistant Secretary Alan Bersin, Assistant Secretary John Morton, Assistant Secretary David Johnson, U.S. Border Patrol Chief David Aguilar to join Chairman Silvestre Reyes in August at the University of Texas at El Paso
WASHINGTON, D.C. - Homeland Security Secretary Janet Napolitano will participate in the 6th Annual Border Security Conference: Fostering a 21st Century Relationship of Cooperation and Shared Responsibility taking place August 10 - 11, 2009 at the University of Texas at El Paso. The Honorable John Brennan, Assistant to the President for Homeland Security and Counterterrorism, Alan Bersin, Assistant Secretary for International Affairs and Special Representative for Border Affairs, John Morton, Assistant Secretary for Immigration and Customs Enforcement (ICE), Kenneth Melson, Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, David Aguilar, Chief of the U.S. Border Patrol, and Roger Garner, USAID Mission Director for Mexico will also participate in this year's conference. The event is free and open to the public.
"I am pleased that Secretary Napolitano and other high-ranking officials have accepted my invitation to come to
"
Now in its sixth year, the widely-attended Annual Border Security Conference in
Interested media should send RSVP to Vincent Perez in the Office of Congressman Silvestre Reyes at vincent.perez@mail.house.gov or by phone at 202-225-4831.
6th Annual Border Security Conference: Fostering a 21st Century Relationship of Cooperation and Shared Responsibility
Undergraduate Learning Center, University of Texas at El Paso
(**Tentative Agenda, subject to change**)
August 10, 2009
Undergraduate Learning Center, Room 106, UTEP
12:00 p.m. - 7:00 p.m. - Exhibit Hall Open (Lobby)
12:30 p.m. - 1:30 p.m. - Registration (Lobby)
1:30 p.m. - Welcome and Opening Remarks
Master of Ceremonies
Ricardo Blazquez
Executive Director, Center for Inter-American and Border Studies
The University of Texas at El Paso
Diana Natalicio Ph.D.
President
The University of Texas at El Paso
The Honorable Silvestre Reyes
Chairman, House Permanent Select Committee on Intelligence
U.S. House of Representatives
1:45 p.m. - 2:30 p.m. - Remarks
The Honorable Janet Napolitano (confirmed)
Secretary
Department of Homeland Security
2:30 p.m. - 3:45 p.m. - Panel 1 - The Merida Initiative: A Shared Responsibility To Confront Illicit Narcotics Trafficking
The Honorable Ciro D. Rodriguez (confirmed)
Member
U.S. House of Representatives
Alan Bersin (confirmed)
Assistant Secretary of International Affairs and Special Representative for Border Affairs
Department of Homeland Security
John Morton (confirmed)
Assistant Secretary for Immigration and Customs Enforcement (ICE)
Department of Homeland Security
David Johnson (confirmed)
Assistant Secretary
Bureau of Western Hemisphere Affairs
Department of State
Howard Campbell Ph.D. (confirmed)
Professor, Sociology & Anthropology
The University of Texas at El Paso
Sigrid Arzt (confirmed)
Professor
Woodrow Wilson Center
3:45 p.m. - 5:00 p.m. - Panel 2 - Integrating Technology and Connecting Communities
*Private industry panelists provided by sponsoring organizations
Bernd "Bear" McConnell (confirmed)
Director, Interagency Coordination
NORAD and USNORTHERN COMMAND
Alan Bloodgood (confirmed)
Director, Homeland Security Solutions
Lockheed Martin
Mike Monteilh (confirmed)
Engineering Manager, National Communications and Homeland Security
General Dynamics
Ann Gates Ph.D. (confirmed)
Associate Vice President, Office of Research and Sponsored Projects
The University of Texas at El Paso
Tim Peters (confirmed)
Vice President, Global Security Systems
The Boeing Company
Curt Powell (confirmed)
Director, Border Security
Raytheon Company
John Thomas (confirmed)
General Manager, Operations Intelligence and Security Business Unit
SAIC
Phlemon (P.T.) Wright, Jr. (confirmed)
Operations Director
CSC
5:00 p.m. - 5:15 p.m. - Introductions
Diana Natalicio Ph.D.
President
The University of Texas at El Paso
The Honorable Silvestre Reyes
Chairman, House Permanent Select Committee on Intelligence
U.S. House of Representatives
5:15 p.m. - 6:00 p.m. - Remarks
Ambassador Benito Andion (confirmed)
Coordinator of International Cooperation and Security
Ministry of Foreign Affairs, Mexico
6:00 p.m. - 7:00 p.m. - Reception
August 11, 2009
Undergraduate Learning Center, Room 106, UTEP
7:30 a.m. - Breakfast (Lobby)
7:30 a.m. - 12:00 p.m. - Exhibit Hall Open (Lobby)
8:15 a.m. - Welcome and Opening Remarks
Master of Ceremonies
Ricardo Blazquez
Executive Director, Center for Inter-American and Border Studies
The University of Texas at El Paso
Diana Natalicio Ph.D.
President
The University of Texas at El Paso
The Honorable Silvestre Reyes
Chairman, House Permanent Select Committee on Intelligence
U.S. House of Representatives
8:30 a.m. - 9:15 a.m. - Remarks
R. Gil Kerlikowske (confirmed)
Director
Office of National Drug Control Policy
9:15 a.m. - 10:30 a.m. - Panel 3 - Forming A Comprehensive Homeland Security Operation
The Honorable Harry Teague (confirmed)
Memeber of Congress - New Mexico 2nd District
United States House of Representatives
David Aguilar (confirmed)
Chief of the U.S. Border Patrol
U.S. Customs and Border Protection
Tom Padden (confirmed)
Deputy Director, Organized Crime and Drug Enforcement Task Force
Department of Justice
Joseph M. Arabit (confirmed)
Special Agent in Charge, El Paso Division
Drug Enforcement Agency
Ronnie Carter (confirmed)
Special Agent in Charge, Dallas Division
Bureau of Alcohol, Tobacco, Firearms and Explosives
Douglas Watts Ph.D. (confirmed)
Executive Director, Institutional Biosafety and Veterinary Services
The University of Texas at El Paso
Miguel Escobedo, M.D., MPH (confirmed)
Quarantine Medical Officer
El Paso Centers for Disease Control and Prevention Quarantine
10:30 a.m. - 11:45 a.m. Panel 4 - The Importance of Strengthening Civic Society, Commerce, and Academia
The Honorable Bob Filner (confirmed)
Chairman, U.S. House Veterans Affairs Committee - California 51st District
United States House of Representatives
Rodger Garner (confirmed)
Mission Director for Mexico
U.S. Agency for International Development
Department of State
Jose Reyes Ferriz
Mayor
Ciudad Juarez, Chihuahua, Mexico
Angelo Amador (confirmed)
Director of Immigration Policy
U.S. Chamber of Commerce
Kathleen Staudt Ph.D. (confirmed)
Professor, Political Science
The University of Texas at El Paso
Raul Benitez-Manaut Ph.D. (confirmed)
Researcher
Universidad Nacional Autónoma de México
12:00 p.m. - 1:30 p.m. - Luncheon Speaker and Closing Remarks
(Tomás Rivera Conference Center, Union Building-East, 3rd fl., UTEP)
The Honorable Silvestre Reyes
Chairman, House Permanent Select Committee on Intelligence
U.S. House of Representatives
The Honorable John Brennan (confirmed)
Assistant to the President for Homeland Security and Counterterrorism
Office of the President
Unlawful Border Entry Prevention Act calls for 350 more miles of barriers
July 22, 2009
by Laura Martinez
While construction on the border fence in Cameron County is at a standstill because of pending lawsuits, at least one local landowner is surprised by a California congressman’s introduction of legislation that calls for more fencing construction along the United States-Mexico border.
The bill, known as the Unlawful Border Entry Prevention Act and introduced Wednesday by U.S. Rep. Duncan Hunter, R-California, gives Department of Homeland Security Secretary Janet Napolitano discretionary authority to build 350 miles of additional reinforced fencing where she deems is necessary. More than 650 miles of fence have already been approved along the U.S.-Mexico border.
If approved the legislation would amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
The location of the proposed fencing would be up to Napolitano, said Joe Kaspar, spokesman for Hunter. He added the DHS would also have the option to decide if it would be second-layer fencing or an additional 350-miles of fence.
Kasper said the legislation has bipartisan support.
Co-sponsoring the legislation are Tim Ryan, D-Ohio, Bart Stupak, D-Mich., Mike McIntyre, D-N.C., Ed Royce, R-Calif. and Brian Bilbray, R-Calif.
"How ridiculous" this additional fence legislation is, said Cameron County landowner Pamela Taylor, whose home on Nogales Road will be affected by the border fence that has already been authorized for construction.
"If the first fence didn’t work what makes him (Hunter) think two fences are going to work?" asked Taylor.
Taylor wonders how much money is being spent on the initial fence and where funding would come from for additional fencing should the legislation be approved.
"There are so many things we need to put the money into," such as health care, Taylor, 80, said. "We worry too much about the (activities in) Mexico. We need to worry about the United States."
Hunter cites the ongoing border violence and illegal drug and terrorist activity for his sponsoring of the legislation. The current fencing mandate does not provide the DHS with the authority to construct additional fencing, after Dec. 31, 2009, the bill states.
"As the last few remaining miles of border infrastructure are completed and we work to strengthen our overall security presence on the Southwest border, it is important that DHS continue to receive and retain the necessary tools to do its job," Hunter said in a press release. "This includes the authority to gain immediate and operational control of the border through the construction of additional infrastructure."
Hunter said enforcement along the border has been strengthened because of the border fence and has allowed the U.S. Border Patrol "to refocus its efforts as needed. Simply put, fencing works."
U.S. Rep. Solomon P. Ortiz, D-Corpus Christi, said he plans to monitor the bill closely, as it makes it way through the Committee of Jurisdiction, which will review the bill.
"The process for a bill becoming law is long and uncertain; nonetheless, those of us who represent congressional districts along the U.S.-Mexico border know firsthand we don’t need 350 additional miles of fencing," Ortiz said in a prepared statement. "I strongly stand against this bill, and should the bill make it to the House floor, I plan on voting against it."
The current fence’s construction is part of the 2006 Secure Fence Act, which is part of the government’s comprehensive immigration reform that includes securing the nation’s border. DHS is overseeing the fence’s construction.
In Cameron County, 34.8 miles of fencing is planned. While some portions of fencing are in place on South Oklahoma Road, some are pending because of ongoing lawsuits. The lawsuits are scheduled to be addressed July 31, before U.S. District Judge Andrew S. Hanen.
Additional fencing in the county is visible along Military Highway, also known as Highway 281. Much of the fencing in this area was constructed earlier this year.
Wednesday, July 22, 2009
Bill Would Allow Bigger Border Fence
July 21, 2009
By Rob Margetta
Rep. Duncan Hunter, R-Calif., is set to introduce a bill this week that would give Homeland Security the authority to build 350 miles of reinforced border fence whenever and wherever it deems necessary.
According to his staff, Hunter intends for the bill to serve as a remedy for DHS’s apparent lack of authority to build additional border fencing.
In 2006, when Congress mandated the construction of 700 miles of border fence, it gave DHS until December 2008 to determine all of the locations for the barrier. The department has currently completed more than 660 miles of fencing and has awarded contracts for the remaining miles.
A problem with the current situation, Hunter’s office said, is that DHS’s authority to build more fencing has technically expired. Hunter’s draft bill would give DHS the ability to erect up to 350 miles of reinforced fencing “where such fencing would be most practical and effective and provide for the installation of additional physical barriers, roads, lighting, cameras, and sensors to gain operational control of the southwest border.”
However, the bill contains no deadlines or requirements for Homeland Security to exercise that authority.
Another provision in of bill would place reporting requirements on DHS’s efforts to control the border. If the number of arrests along any sector of the border rises 40 percent from the previous fiscal year, the bill would require the department to submit a report to Congress detailing how it plans to regain control of the situation.
Hunter is expected to introduce the bill as early as Wednesday, with Reps. Ed Royce, R-Calif., Bart Stupak, D-Mich., and Tim Ryan, D-Ohio, joining him as cosponsors.
Immigrants from Mexico decline to lowest in decade
July 22, 2009
by Hope Yen
WASHINGTON — Apparently deterred by rising unemployment in the U.S., the number of Mexican immigrants who crossed the border dropped sharply in the past year to the lowest level in a decade, even while undocumented workers already here are opting to stay.
The analysis of census data from both the U.S. and Mexican governments, being released Wednesday by the Pew Hispanic Center, highlights the impact of the economic downturn on Mexican immigrants, many of whom enter the United States illegally.
The study found that immigrants arriving from Mexico fell by 249,000 from March 2008 to March 2009, down nearly 60 percent from the previous year. As a result, the annual inflow of immigrants is now 175,000, having steadily decreased from a peak of 653,000 in 2005, before the bursting of the housing bubble dried up construction and other low-wage jobs.
The total population of Mexican-born immigrants in the U.S. also edged lower in the past year, from 11.6 million to 11.5 million, according to the study by Pew, an independent research group. Up to 85 percent of immigrants are believed to be in the country illegally.
Still, immigrants already in the U.S. are opting not to return to Mexico, because many of them are betting the economy will improve as well as perhaps hoping that immigration reform could soon pave the way for U.S. citizenship, said Jeffrey Passel, a senior demographer at Pew who co-authored the study.
According to the data, the level of Mexican migrants who return home from the U.S. and other countries each year — roughly 450,000 — has remained largely unchanged.
"There's not a lot in Mexico to go back to, because if anything the Mexican economy is doing worse," Passel said. "But also, in light of enforcement that has made it more dangerous and expensive to get into the U.S., once people get here, they're reluctant to leave."
Passel said while the immigration shifts may be temporary depending on the length of the U.S. recession, some of the effects could be longer-lasting. He noted that fewer Hispanics coming in the U.S. could further slow minority population growth here, since higher fertility levels among Hispanics are driving much of the recent increases.
Mexico's population is also graying and its labor force shrinking, which could mean a better jobs picture in that country due to less worker competition in the next five to 10 years. That could mean reduced immigration levels from Mexico to the United States even after the U.S. economy recovers, Passel said.
Among Pew's other findings:
_In 2008, the number of Mexicans apprehended by the U.S. Border Patrol — 662,000 — was 40 percent below the peak of 1.1 million in 2004, reflecting in part the sharp decline in the number of new immigrants arriving into the U.S.
_Mexico is by far the origin of most U.S. immigrants, accounting for one-third of foreign-born residents and two-thirds of Hispanic immigrants. About one in 10 people born in Mexico now live in the U.S.
_The total number of apprehensions by the Border Patrol in 2008 — 724,000 — was at the lowest level since 1973. More than 90 percent of people detained by Border Patrol are Mexican.
The findings come as the Obama administration has pledged to take up immigration law this year. A key Democrat in the effort, Sen. Chuck Schumer, D-N.Y., has said he hopes to have a bill ready by Labor Day and that the way to get it passed is to be tough on future waves of illegal immigration.
Steven Camarota, a demographer at the Center for Immigration Studies, a Washington research group which calls for reduced immigration, said the findings demonstrate that tougher law enforcement can make a difference. Still, he said it will take a lot more than tighter border security to get comprehensive reform passed.
"Border control is just one piece of a larger enforcement puzzle, while amnesty is a different question," Camarota said. "It's unlikely there will be a sympathetic hearing in Congress for legalization of immigrants as long as unemployment remains high."
http://www.google.com/hostednews/ap/article/ALeqM5gHYcgQxrfT4jli1iU7bzkjX-mFgAD99J8UBG2Tuesday, July 21, 2009
Granjeno levee-wall is not keeping out immigrants, says community leader
July 21, 2009
by Steve Taylor and Joey Gomez
McALLEN, July 21 - The hybrid border levee-wall in Granjeno has not stopped undocumented immigrants entering the U.S. from Mexico and the number of crossers may actually have gone up since it was built. That is the view of Gloria Garza, who led the fight to stop a border wall being built in the tiny border town south of Mission, Texas. “We are actually now getting more illegals coming in, but now they are going around the levee-wall, which is a few feet away from my house. Now, they are coming in, in bunches of 50 or 100 people. Before you would see one or two,” Garza said. Garza made her comments in an exclusive interview with the Guardian while attending the South Texas premiere of ‘The Wall” at Cine El Rey in McAllen. The new film is directed by New York-based filmmaker Ricardo Martinez. Garza is featured prominently in the documentary. Garza and other Granjeno residents put up fierce resistance to the Department of Homeland Security in 2007 and 2008 when the first government maps came out showing a border wall being erected in their backyards. They told DHS their property is sacred and pointed to land grants issued to their ancestors by the King of Spain. Granjeno, which lies on the banks of the Rio Grande six miles south of Mission, was established by three “porciones” granted by King Carlos III of Spain in 1767. Many of its 450-odd residents can trace their family roots back to three land grant families. In the end, the government did not build a border wall in Granjeno. Instead, the nearby levee was reinforced and heightened with a concrete wall. Garza said the levee-wall may be protecting the town from flooding but it is not doing anything to deter immigrants from coming in from Mexico. “How can you build a wall that ends at the city limits? Those coming over just have to go around it,” Garza said. Garza recalled an unexpected visit to her house by a pregnant woman from Guatemala. The young woman had just climbed the levee-wall. “I asked her how she did it and she said, ‘I don’t know, I just climbed it.’ I told her, ‘you could have walked around it because there is no fence or nothing at the city limit’,” Garza said. “She said she and two guys had been followed by Border Patrol but she got away. She was pregnant and yet she climbed the fence. She called me once from New York to thank me because, she said, I was nicer. It was cold that morning. Last I heard she was in New York, coming in from Guatemala.” Garza said although Granjeno has been spared a border wall, opposition to the project is as strong as ever in the town. “The border wall is nothing but a waste of taxpayers’ money and everybody knows it. In Granjeno, it was just plain politics. And, it does not work. If they have a river as a barrier and that does not stop them, how can a wall stop them?” Garza said. One personal problem Garza has with the levee-wall is that since it was built Internet and TV reception has been spotty. “I had to stop using the Internet because it keeps kicking you out. We have been told it’s because of the interception of the levee-wall. I have asked around with various companies and that is what I have been informed. The same thing is happening with the TV. I am going to have to get a higher antenna. It’s not hurting other people as much as it is us, because we are closer to the levee, to the wall itself. We are about 250 feet away,” Garza said. Garza enjoyed 'The Wall,' though she has asked Martinez to correct the name given to the mayor of Granjeno. At the end of the movie, Garza says she is thankful her property was saved but still says the border wall was unnecessary. In her interview with the Guardian, she praised the media for the attention they gave her town. “I feel the land grants had a lot to do with it but I also think the media did wonders for us. I thank Stefanie Herweck, of the No Border Wall group, because the first day we were going to hold a public meeting she asked if we would like for her to do a press release. I said, ‘please do.’ The Guardian came to the meeting and then the rest of the media started to learn about us. I thank God because there always seemed to be somebody else looking out for us,” Garza said. When the documentary ended, Martinez hosted a question and answer session about the border wall. Anayanse Garza, of the Southwest Workers' Union, told Martinez and those in the theater that opposition to the border wall was as strong as ever in the Valley. Garza broadened the discussion to include immigration policy in general and pointed to the large turnout for the César Chávez Day march organized by La Unión del Pueblo Entero and Proyecto Azteca. “There is still a lot of resistance happening. It’s not just people negotiated (with the government) and it’s over now,” Garza said. “People are taking a stand and our community is in the forefront, I think because we are on the border and we have been colonized. We see the need to put up resistance. It is there.” Among those attending the premiere were former University of Texas-Pan American President Blandina “Bambi” Cárdenas and state Rep. Aaron Peña, D-Edinburg. “'The Wall' is a powerful condemnation of those who saddled our citizens with a very expensive boondoggle,” Peña said. Peña said he was disappointed more elected officials from the Valley did not show up to see the premiere. Brownsville Mayor Pat Ahumada, who is also featured in the documentary, said he really wanted to go but could not make it. “I told the director, Ricardo Martinez, that he was doing the job that most public officials were failing to do, even at this late date when the cost of the wall has skyrocketed and its effectiveness brought into question,” Peña said. “I apologized for those in our local community that failed to have the foresight and collaborated to bring about the project. He (Martinez) remained humble and was startled by the reception and praise he was receiving by the attendees.” Peña urged Valley residents to purchase ‘The Wall’ when it comes out on DVD.
Sunday, July 19, 2009
Texans opposing border fence attack Senate plan
July 17, 2009
by Gary Martin
WASHINGTON — Lawmakers from Texas and other border states are trying to scuttle a Senate plan to build 700 miles of double-layerfencing along the U.S.-Mexico border.
The lawmakers, led by Rep. Henry Cuellar, D-Laredo, said in a letter to House Speaker Nancy Pelosi, D-Calif., that the funds would be better used to support “our understaffed, crowded and overburdened ports of entry.” In an interview, Cuellar called the border fence “a waste of taxpayer's money.”
The Senate wants to continue the Bush administration's push to extend the border fence, but the House passed its version of the Department of Homeland Security spending bill without any money for the fence. The matter now goes to a joint House-Senate panel to iron out the differences.
House Democrats from Texas, Arizona and California argue that requiring pedestrian, double-layered fence, instead of using vehicle barriers and technology, “represents wasteful spending that could alternatively be used for multitude of valuable security purposes.”
They are asking Pelosi, House Majority Leader Steny Hoyer, D-Md., and House Appropriations Committee Chairman David Obey, D-Wis., to remove the fence funding in negotiations with the Senate.
Both senators OK'd funds
But the author of the Senate provision, Sen. Jim DeMint, R-S.C., said he would work “to ensure no one cuts or weakens this important provision in conference.” DeMint's plan was approved, 54-44, on July 8 .
Six of the eight border state senators, including Texas Republicans Kay Bailey Hutchison and John Cornyn, voted to fund the fence expansion. New Mexico's senators were the only dissenters.
Congress authorized 700 miles of fence along the U.S.-Mexico border in the Secure Fence Initiative of 2006. DHS has 370 miles of fence under contract, with the remainder to be secured with vehicle barriers, and technology and sensors to create a “virtual fence.”
More than 630 miles of the fence and barriers have been completed, said Claude Knighten, a Customs and Border Patrol spokesman. Some of the remaining portions of the uncompleted fence face legal challenges.
DeMint's amendment would require that pedestrian fence account for all 700 miles of barriers, eliminating vehicle barriers and “virtual fence.” The amendment also calls for completion by Dec. 31, 2010.
The Secure Fence Initiative left it up to DHS and CBP to determine the types of barriers and structures to use along the 1,952-mile border with Mexico.
A report released last year by the Government Accountability Office, the investigative arm of Congress, found that the cost of pedestrian fencing has increased from $4 million a mile to $7 million a mile over just a year's period.
http://www.chron.com/disp/story.mpl/special/immigration/6535100.html#Friday, July 17, 2009
Border lawmakers oppose double layer fence mandate
July 17, 2009
WASHINGTON -- A handful of border lawmakers have urged House Speaker Nancy Pelosi and other Democratic House leaders to keep a requirement for double layer fencing on the U.S.-Mexico border out of a final Homeland Security Department spending bill.
The Senate version of the spending bill includes the requirement written by Sen. Jim DeMint, R-S.C., for double fencing along 700 miles of the border, rather than barriers and high-tech equipment. That House version does not include the requirement.The Senate amendment could be removed from the bill when a House and Senate conference committee meets to negotiate a final bill.
The border lawmakers said in their letter the amendment unnecessarily extends the length of the border fence at taxpayer expense and wastes money that could be used for other security purposes, such as fortifying ports of entry.
DeMint has said the electronic and other barriers the department has been using don't work as well as real fence in blocking people crossing the border on foot.
Lawmakers who signed the letter this week were Democratic Reps. Henry Cuellar, Solomon Ortiz, Ruben Hinojosa and Silvestre Reyes, House Intelligence Committee chairman, all of Texas; Bob Filner and Susan Davis of California and Gabrielle Giffords of Arizona.
http://www.kristv.com/Global/story.asp?S=10746562&nav=Bsmh
Monday, July 13, 2009
Activists say senator deceived public over double-layer border fence issue
July 13, 2009
WESLACO, July 12 - A U.S. senator has been accused of causing unnecessary distress to border residents by claiming an amendment he passed would increase double-layer border fencing. Sen. Jim DeMint, R-South Carolina, did get an amendment added to the Fiscal Year 2010 Department of Homeland Security Appropriations Bill on a 54-44 vote last week but it does not mention anything about more double-layer fencing. “In a state of shock over the double fence, I called on every activist I know to protest the double fence outside Congress members' offices,” said Adrienne Evans, founder of the No Wall-Big Bend Coalition. “I had to retract my request when I got the real scoop… the amendment that DeMint sponsored has no language whatsoever about a double fence.” A July 8 press release by DeMint’s office started off: “Today, U.S. Senator Jim DeMint made the following statement after the Senate passed his amendment requiring the completion of 700 miles of double-layer physical fencing along the southern U.S. border by December 31, 2010.” DeMint argued that the Fiscal Year 2008 Omnibus spending bill requires 700 miles of reinforced double-layer fencing to built along the southern border, with a deadline of 370 miles of fencing to be completed by December 31, 2008. To this date, DeMint’s news release said, the Department of Homeland Security (DHS) has only constructed 34.3 miles of double-layer fencing, leaving more than 660 miles of required double-layer fencing remaining to be built. “The American people were promised a secure border fence three years ago and it’s time to make it happen,” said Senator DeMint. “Our southern border has become a battleground for illegal immigration, drug trafficking, and human trafficking, and it’s vulnerable to terrorists.” DeMint said that, unfortunately, the federal government has “dragged its feet for years” and tried to use untested and un-secure ‘virtual’ fencing instead of actual, physical fencing. “Our first priority must be national security, and we can only achieve that goal with secure borders. I’m pleased with the strong bipartisan vote in favor of a finishing a real border fence next year. I will work to ensure no one cuts or weakens this important provision in conference.” As New York filmmaker Ricardo Martinez pointed out in a You Tube video, former Homeland Security Secretary Michael Chertoff opposed double-layer fencing in many parts of the border because, he said, it was not what Border Patrol wanted. U.S. Sen. Kay Bailey Hutchison, R-Texas, voted for DeMint’s amendment. She has also successfully offered an amendment in the past to give Border Patrol more flexibility in how it secures the border. In an e-mail to anti-border wall activists on Sunday, Bill Guerra Addington, of the Sierra Club in Sierra Blanca and El Paso, pointed out that Hutchison has, in the past, opposed the widespread building of double-layer fencing. In a Jan. 2008 news release, Hutchison said it was a “myth” that double-layer fencing is the only way to secure the border. “FACT: Customs and Border Protection (CBP) has indicated that double layer fencing is not the most effective in all cases. Coyotes and drug runners are moving their trails based on designated fencing locations. Therefore, CBP needs flexibility to place new fencing where new routes are appearing to achieve operational control of the border. In a number of meetings with Senator Hutchison’s staff, Border Patrol officials asked for the flexibility to locate the fence in places along the border that represent the highest threat,” Hutchison’s news release stated. Current Homeland Security Secretary Janet Napolitano has said she wants flexibility on the issue, just like the previous administration. No Wall-Big Bend leader Evans said DeMint’s news release misled a lot of people. She speculated that the news release may have been “designed to dupe the anti-immigrant faction to get them to quit calling his office.” Evans pointed out that U.S. Sen. Jon Kyl, R-Arizona, filed an amendment that did call specifically for double-layer fencing but it was never voted on. She said border residents should still be alarmed by the DeMint amendment. “The DeMint amendment is a great cause for concern because it builds ugly 18-foot-high pedestrian fence in places DHS has determined that a vehicle barrier or virtual fence would do, and it adds more border wall because 700 miles of barriers have not been built yet,” Evans said. “According to their Web site, DHS says these vehicle barrier walls will be replaced in California, Arizona, New Mexico and the El Paso Sector. But, new pedestrian border walls will most likely be built in Texas where no border wall exists in order to fulfill the 700-mile requirement.” Scott Nicol, of the No Border Wall coalition, agreed. “It is important for Texans to realize that even though Kyl's amendment mandating double-layered walls failed, unless the DeMint amendment is stripped from the DHS appropriations bill that President Obama signs, at least 40 miles of new border wall will be built,” Nicol said. “With California, Arizona, and New Mexico mostly walled off, there is a good chance that they will be built along the Rio Grande.” On behalf of the No Border Wall coalition, Nicol issued a news release on July 8 highly critical of DeMint’s amendment that was based on the senator’s news release. “I made the mistake of listening to what he said on the floor and in his press releases rather than reading the text of the amendment. I should have been more careful,” he said. Nicol said roughly half of the 660 or so miles of the current border wall are vehicular barriers. The final result of DeMint's amendment will be 700 miles of pedestrian wall, he said. “Vehicle barriers and virtual walls do not count (under the DeMint amendment),” Nicol said. DeMint’s amendment does not specify whether the current 330 miles of vehicle barriers must be converted to pedestrian walls, or if new pedestrian walls must be built somewhere else. “My guess is that if it goes into effect, a lot of the mileage would come from converting vehicle barriers to pedestrian walls,” Nicol said. “That would still leave 40 or so miles of new pedestrian walls that would have to be built. The amendment does not specify where. My guess would be Texas, but Homeland Security Secretary Janet Napolitano would probably have discretion to decide.” The DHS appropriations bill, with DeMint’s amendment was passed by the Senate but DeMint voted against it. The U.S. House has already passed its DHS appropriations bill without the DeMint amendment. So, the differences between the two bills will have to be settled by a conference committee. “It is still possible for the DeMint amendment to be stripped in conference committee. Rep. Ciro Rodriguez is likely to be part of the committee,” Nicol said.
Friday, July 10, 2009
Senate Resists Changes on Immigration
July 10, 2009
by Cam Simpson
WASHINGTON -- A series of Senate floor votes this week seeking to toughen immigration enforcement is giving the Obama administration its first real taste of the chilly climate for overhauling immigration laws.
On Thursday, the Senate approved a measure that would effectively overturn an immigration-enforcement decision announced one day earlier by the Obama administration. The Department of Homeland Security had said Wednesday that it would rescind a Bush administration program aimed at forcing employers to fire workers who are unable to resolve discrepancies in their Social Security records.
But the Senate approved an amendment to the annual Department of Homeland Security DHS spending bill prohibiting the department from changing the program, commonly known as the no-match rule. The amendment is one of several immigration-enforcement provisions the Senate attached this week to the $42.9 billion DHS budget for the fiscal year beginning Oct. 1.
The series of amendments was introduced by Republican opponents of immigration reform, and gained critical support from about 10 Democrats. The no-match program is intended to make it harder for illegal immigrants to hold jobs gained by using fake Social Security numbers. Critics have said it could also unfairly target U.S. citizens who were the victims of bureaucratic bungling by the Social Security Administration or the Department of Homeland Security DHS.
Even before the Obama administration said it would rescind the no-match rule, which is unpopular with many business groups, it had been blocked by a federal court.
The Obama administration also said Wednesday that it would fully implement a Bush administration initiative that would require federal contractors and subcontractors to use an electronic government program aimed at keeping them from hiring illegal workers. It is expected to affect more than 170,000 employers.
But that wasn't tough enough for Sen. Jeff Sessions, the Alabama Republican who has spearheaded efforts against immigration overhauls in recent years. Sen. Sessions won passage of an amendment after the Obama announcement Wednesday that would make the program, known as E-Verify, permanent and mandatory, removing any White House discretion to end it. Before the amendment passed, Sen. Sessions won support on a key procedural vote from 10 Democrats and Sen. Joseph Lieberman, a Connecticut independent who caucuses with the Democrats.
Another amendment approved this week would mandate construction of a physical fence along about 700 miles of the border with Mexico, instead of existing vehicle barriers or plans for a high-tech "virtual" fence. The amended bill still must pass the Senate before being reconciled with the House version.
Marshall Fitz, director of immigration policy at the left-leaning Center for American Progress, said GOP opponents of immigration reform "are definitely trying to exact their pound of flesh right now, at a time when Democrats want to maintain an appearance of being strong on immigration enforcement."
Democrats and some Republicans who favor an overhaul hope to craft a single legislative package with strong immigration enforcement provisions and a path to legalization for the estimated 12 million undocumented immigrants in the U.S.
Mr. Obama has said he wants to see the effort get under way soon. Sen. Charles Schumer, a New York Democrat, is leading the effort for Democrats and, said this week that he will have a draft bill by the end of the summer.
Although he opposed some of the Republican moves, Sen. Schumer said Thursday that most of the provisions wouldn't hurt the larger reform push. "What will make or break overall reform will be the big issues," he said, dismissing the amendments as "little things."
DHS spokesman Matt Chandler criticized the amendments, saying they "are designed to prevent real progress on immigration enforcement and are a reflection of the old administration's strategy: all show, no substance."
Frank Sherry, who heads America's Voice, an advocacy group for an immigration overhaul, said support remains for a comprehensive package in Congress, but the key is to keep enforcement and legalization together.
James Carafano, of the conservative Heritage Foundation think tank, said this week's votes show little has changed in recent years, which have seen Sen. Sessions and other Republicans repeatedly shoot down efforts to revamp the U.S. immigration system.
"I don't think the politics of this has changed at all, except maybe to get more polarized," Mr. Carafano said.
http://online.wsj.com/article_email/SB124718283357420277-lMyQjAxMDI5NDE3MDExODAyWj.htmlMs. Napolitano: Tear Down The Walls
July 8, 2009
by R. Stickney
There’s no other place like it. It’s a place where officials have met; where religious groups can gather. If it’s lost, supporters say there will be no place on the U.S.-Mexico border where ordinary people can meet face-to-face without checkpoints or guard shacks.
In an open letter to Secretary of Homeland Security Janet Napolitano, the Friends of Friendship Park are hoping to restore public access to the park area along the border between San Diego and Tijuana.
The area served as a meeting place for decades until the Department of Homeland Security under Michael Chertoff built several barriers. The belief was that a simple fence separating the two countries was a threat to U.S. security.
Since then, the coalition of community groups has been fighting to have access to the area restored. On Tuesday, the group sent a letter signed by over 70 community-based organizations to Secretary Napolitano.
John Fanestil, a member of the leadership team of Friends of Friendship Park, said they're beginning to see some movement.
“It would be a real disaster if we reduce the border to a battle zone," Fanestil said. "There must be room for friendship on the U.S.-Mexico border.”
Enrique Morones, with the Border Angels said he is greatly encouraged by recent discussions between activists, community groups and government agencies. “We are a coalition made up of people from all walks of life,” he said Wednesday. “Friendship has no borders.”
The group has even gotten the support of California State Attorney General Jerry Brown who is interested in restoring public access to land owned by the state.
http://www.nbcsandiego.com/news/local/Ms-Napolitano-Tear-Down-The-Walls.htmlThe Activist Question: Tensions between humanitarians and federal officials are on the rise along the border
July 9, 2009
by Tim Vanderpool
This is a place of ghosts. Ask anyone who walks these trails, in the bare-knuckle desert.
Here among high scrub, south of Arivaca, sunlight glances off water bottles, candy wrappers, tennis shoes, rosaries and a tiny picture of the Virgen de Guadalupe in yellowing, cracked plastic. Such things are hastily abandoned in the headlong passage between life and death, the fate of their owners unknown.
Officially, migrant deaths here each year number in the hundreds. Humanitarians who hike this country call those numbers bullshit. They say the desert is haunted by thousands of unfound dead people. Out here, a corpse gets about two weeks, tops. By then, sun and scavengers have sealed the deal.
A handful of rescue volunteers have come across bodies, but everyone has seen the bones. And in a place where mortality crunches underfoot, folks can get a bit touchy.
Take the feds and the humanitarian outfits. They've never shared much in the way of mutual adoration. Sure, everyone pledges bonhomie—each appreciates the other's "tough job" or "dedication" or "good intentions." But those are just words muttered to reporters. As it happens, the thing keeping them at odds also binds them together: death all around. Death behind that shrub or in that wash, or settled in the shade of that half-buried boulder.
Death is the third partner in a relationship that nobody wants. The humanitarians provide assistance, food and water to migrants. The feds mostly leave them alone to do so.
Until recently.
Over the past couple of years, federal agencies ranging from the U.S. Fish and Wildlife Service and the Bureau of Land Management to the Border Patrol have been putting activists under the gun. Consider Kathryn Ferguson. In January 2008, she was arrested while checking migrant trails with the Samaritans group, and held roadside for several hours by Special Agent Bob Ruiz of the Bureau of Land Management. According to Bart Fitzgerald, BLM special agent in charge for Arizona, Ferguson was detained for "acting mysteriously." She was cited for creating a nuisance. On the eve of her trial, that charge was mysteriously dropped. (See "Requiem for an Arrest," Oct. 9, 2008.)
In February 2008, No More Deaths volunteer Dan Millis was cited for littering after he left water jugs for migrants on the Buenos Aires National Wildlife Refuge south of Tucson. Two days earlier, he'd come across the body of Josseline Jamileth Hernandez Quinteros, age 14. Josseline made it all the way from El Salvador before death caught her here.
Seven months after Millis found her, he was convicted.
In August 2008, the No More Deaths camp near Arivaca was raided by two dozen Border Patrol agents, some on horseback. They had tracked two migrants to the compound, resulting in an ugly confrontation lasting nearly two hours. The migrants were taken into custody and probably deported.
Water stations long maintained on the Tohono O'odham Nation by a tribal member are removed. The man, a retired member of the military, suspects Border Patrol pressure on the tribe to shut down his stations.
In December 2008, No More Deaths volunteer Walt Staton, like Millis, was cited for littering on the Buenos Aires National Wildlife Refuge. It was a Border Patrol agent who spotted Staton putting out sealed water jugs and alerted refuge officers.
These showdowns aren't limited to Arizona. Earlier this year, Border Patrol agents near San Diego detained a Methodist minister attempting to give communion through the border fence. It made great material for the nightly news.
But to Bill Walker, it's all a bit perplexing. He's the Tucson attorney who handled Ferguson's case, and currently represents convicted litterers Millis and Staton.
"There is clearly a pattern of increased activity by the government against humanitarian groups," Walker says. "I can't understand why. I see no justification for it. It diverts significant resources from the prosecution of other crimes."
He estimates the federal government spent more than $50,000 to convict Staton. Even more troubling, says Walker, is that Staton's case represents a clear escalation. "Just to give you an example of the heightened scrutiny, Dan Millis was prosecuted first, in front of a magistrate for an administrative violation. They charged him with littering, and that's (up to) a six-month penalty. The magistrate in that case found him guilty but suspended the fine (and sentence)."
He says the government had an attorney and three agents working the Millis case, "and must have spent $20,000 or $30,000.
"Now they charge the second guy, Walt Staton, and they up the ante on it. They don't charge him with littering; they charge him with 'knowingly littering.' That means the potential penalty for him is a year in jail. A prosecutor, the agents that have to come in, empanelling a jury—all this stuff to prosecute a guy for putting out water in the desert for migrants."
Wyn Hornbuckle is a spokesman for the U.S. Attorney for Arizona. He says it's impossible to calculate the costs of convicting Staton. "But as for the merits of this particular case, having a unanimous jury verdict speaks for itself."
Here's what it says: Heads-up, all you potential litterers!
Confrontation has taken a different tact in California. Friendship Park is a venerated border meeting ground where binational friends and family have long shared chats or picnics through the fence, in the San Diego area. At least that's how it was until February, when Border Patrol agents sealed off the park for construction of a secondary border wall.
The closure prompted a protest by more than 100 park fans, who strode right into a barricade of Border Patrol vehicles. The scent of violence was heavy—and before it cleared, a Methodist minister named John Fanestil had been detained. During the protest, he led an ecumenical service, complete with a choir.
Fanestil says Border Patrol officers unnecessarily ratcheted up tensions during that bitter standoff. "They're claiming the land between those two walls as their 'theater of operations,'" he says, "and using the same tactics they've been trained to use on people entering the United States illegally from Mexico. But all of a sudden, they aren't facing south; they're facing north, and their tactics are really beyond the pale for dealing with nonviolent activists."
He recalls one female agent who threatened to spray a protester in the face—although the man was on crutches. "She told him to go ahead (and try to reach the park), because she was a pretty good shot."
A video of the incident shows the Border Patrol pushing Fanestil back as he tried to serve communion. "There's also an agent pointing a gun at one of our guys and saying, 'Go ahead, make my day,'" he says. "It was one of those kinds of things."
But Fanestil believes there's a darker subtext to this melee.
"The Border Patrol is really trying to lock down the borderlands near the fence," he says, "and prohibit access of any kind. In fact, they refer to people who would enter that area as 'clutter.' Their dream is of an uncluttered theater of operations."
Back in Washington, D.C., Assistant Chief Mike Reilly of the Border Patrol dismisses Fanestil's claims. "At the Border Patrol Academy, we get riot-control training," he says, "and the rest of it is he-said, she-said stuff."
Reilly also denies that these incidents are part of a larger crackdown on activists. Instead, he argues that an increased Border Patrol presence and intensified security measures are simply pushing everyone closer together.
"We're just doing our job," he says. "In the process of securing our nation's border, with the fence and everything else, there are other issues that come up. And because illegal immigration is out there in the media, it seems that more people are saying we're against them. But we're not against anybody. There's no policy to take a hard stance against any type of humanitarian group."
Chad Berkley walks the migrant trail, and he totes a few ghosts of his own. Lanky and intense, Berkley spent nine years with the military, the last one with a combat crew in Iraq. There was a tremendous roadside bomb, and a lot of his buddies never came home. Berkley took concussion damage to the brain. That, he says, has played hell with his concentration skills.
The year since deployment has been about getting divorced and pulling himself back together. A solid night's sleep is still wishful thinking. But by day, he now roams these hungry hills, on the far outskirts of Arivaca, under the banner of No More Deaths.
"At first, I felt like I was back on patrol in Iraq," Berkley tells me, "always looking around."
But he came here to bury Iraq, not relive it. "I want to do something altruistic," he says. "I want to put all the skills I learned in the military to something positive. This isn't necessarily a war zone, but it's a similar militarized zone."
He pauses, glancing at the calloused land. "I have a hard time being back in the world," he says. "So many people are dying, and so many other people don't care."
Then Berkley returns to patrol. "Agua!" he barks as we walk. "America! Ayuda! Agua!"
Later, we pile into a Suburban with the No More Deaths crew, and rumble back to the camp Berkley shares with a dozen or so volunteers. The camp entrance is marked by a rusted car door, and secured by a nylon rope strained between two steel posts. Beyond are a smattering of tents, a pair of semi-gutted travel trailers, and a decrepit motor home with its sliding window askew. A well-used fire pit smolders to one side.
Stints here vary. So do the residents. Most are college students, volunteering for a week or two of hot, remote duty. Some, like Berkley, sign on for a month. It's all decidedly low-budget, and deceptively well-disciplined. Each day, soon after sunrise, small groups head out into the deep desert with topographic maps and water jugs. They place water at precisely chosen spots, returning with empties to be disinfected and reused.
Other trail debris comes back, too. "If anything, I'd call us a net-delittering operation," says camp coordinator Steve Johnston. He's a jack of all trades, and once schmoozed as a publisher's publicist; he still can't resist a snappy line. Now in his early 60s, he also runs an amiably tight ship.
This place is part summer camp and part Reality 101. After all, you can always stumble across a body out there. Dan Millis certainly did. Johnston pulls up a plastic chair and hands me a small card. On one side is a prayer. On the other is a photograph of Josseline, in a church and very much alive. Pretty, petite, dark, somber. She could be any moody teen you'd see at the mall. But you won't seeing her there.
Here's how Steve Johnston tells it: "Her parents live in L.A. They've been there for some years. So she and her younger brother were traveling to L.A., to meet up with her parents. On the way, she got injured or sick, I don't know which, and they left her. The brother continued. When her brother got in touch with the parents, they called the Mexican consulate, and the consulate called (immigrant-rights group) Derechos Humanos, and Derechos Humanos called us. We started looking for her, and the Samaritans did as well.
"We were looking for her around Ruby Road. That's where we thought she was, because that was the best information we had. But she wasn't there."
He pulls out a map. "We were looking here," he says, pointing, "and she was over there. She was in between two trails. We walked within a quarter of a mile of her. It was February—cold, cold. Froze every night. She had been alone out there for two weeks, with no food, no water."
Millis found the body while hiking a shortcut. It has messed with him.
"She had taken off her shoes," Johnston says. "When she was found, her feet were in a little puddle of water, and her shoes were neatly next to her."
Steve Johnston is not a quiet man. But quietly, he tucks away the map.
Any policy driving desperate people into the desert is wrong, Johnston says. But he doesn't blame the Border Patrol, or at least not the guys he sees out here.
"This is not between us and them," he says. "They've got their job to do."
Of course, that doesn't mean agents can't get a bit, well, ornery. He recalls a few years ago, when they'd park up in the hills. "They'd turn deer lights on the camp and keep them on," he says. "They'd set up speakers on their trucks and blast rock 'n' roll at us. It was like Guantanamo."
These crude psych-ops occurred under the reign of Tucson Sector Chief Michael Nicley, who openly disdained the activists. "They feed them, give them water and let them loose," he told the Tucson Citizen in 2005. "They believe that's a humanitarian effort. I believe that turns into a rescue for me later on."
When Nicley retired in 2007, the humanitarian groups figured his replacement could only be an improvement. That successor was Robert Gilbert, formerly head of the El Paso Sector, a friendly fellow who seemed genuinely interested in a little give-and-take.
At that time, Mark Townley was president of Humane Borders, a group that maintains some 70 desert water stations, including three on the Buenos Aires National Wildlife Refuge. He quietly helped arrange a series of meetings between activists and the new chief. And soon, Gilbert was touting these parleys to the media. "I thought it would be best if everybody gets together, we sit at a table, look at each other in the eye and say what can we do to make this border safer," the chief told the Arizona Daily Star in May 2007. "I think anybody who is out there trying to save a human life, I think that is a great thing."
But things didn't quite work out so well. After about a year, the activists pulled out, ending what Townley characterizes as an exercise in frustration. He says their concerns—such as getting food and water to migrants awaiting Border Patrol transport—received lip service from Gilbert, and little else. The same happened with abuse reports, he says. "But what really ended the meetings was when Gilbert was quoted in the paper saying what wonderful communication and relationships he had with our groups. It really wasn't the case.
"It was wonderful from his side, perhaps. Not only was it a PR plus for him, but it was also filling a spot on a PowerPoint presentation for his management. He could go to his boss and say 'Hey, see the wonderful things I'm doing?'
"But we weren't getting anything," Townley says. "If anything, we were losing ground—we were losing the ability to give some people aid who needed it."
Agent Omar Candelaria is a spokesman for the Border Patrol's Tucson Sector. He says the spirit of these meetings did result in better access to the Mexican consulate for detainees, and a video detailing their rights. The video plays around the clock in the detention centers. "I can't say those have come specifically from the meetings," he says, "but they are things that have happened in the recent past."
Still, Candelaria can't cite a single point raised by the activists that's found its way into sector policies.
In fact, just a few months after those meetings ended, the teetering relationship took a big tumble, and Gene Lefebvre had a front-row seat. He's a retired minister from the Shadow Rock United Church of Christ in Phoenix, and a No More Deaths co-founder. Late in the morning of Aug. 27, 2008, he was out checking migrant trails near Arivaca when he got a call that agents were massing at the camp. By the time Lefebvre got there, he says, they "had the camp surrounded. There were about 25 agents, and they were working through the brush on every side."
Among them was another sector spokesman named Mike Scioli. "Horse-patrol agents had followed foot-sign up to the No More Deaths campsite," Scioli tells the Weekly. "When asked if there were any (migrants) there, they said no. A search of the area discovered the two individuals."
Therein lies a big deal: According to No More Deaths protocol, volunteers must declare if migrants are in the camp, to avoid charges of harboring.
When this was mentioned to Scioli, he backtracks, suggesting that the volunteers told agents "they didn't know" if there were any migrants at the camp. They might have been confused, he says, because "a lot of people had just woken up from being in a tent."
It was 11:15 a.m. when Gene Lefebvre received that call from a young woman at the camp. And wakeup time at the No More Deaths compound is 6 a.m., sharp.
Agents later found a marijuana bale in the camp's vicinity, though in that heavy trafficking area, they've never implied that it was connected to No More Deaths volunteers.
Regardless, Lefebvre says he was twice read his Miranda rights during the confrontation—a fact confirmed by several witnesses. And he directly contradicts Scioli about the migrants. "When agents were questioning me, I asked them, 'What did (the young woman) tell you when you came into camp regarding whether there were migrants?'" Lefebvre says. "And the officer in charge confirmed that she told him there were two people there."
Also visiting the camp that day was Dr. Miguel De La Torre, a seminary professor at Denver's Iliff School of Theology, and several of his students. "What I found frustrating," De La Torre says, "is that here we were providing medical attention, providing food and water for people in the desert, and that somehow, this is a crime. As Christians, we're practicing our faith, and we're detained for it in this country. When a law says that we can't give basic medical attention to somebody, then that's not a law."
Stand at the camp's edge and throw a stone west about 50 miles, and you might hit one of Mike Wilson's water tanks out on the Tohono O'odham Reservation—or at least where those tanks used to be. For nearly a decade, Wilson, a tribal member and retired U.S. Army Special Forces master sergeant, has risen before dawn to haul water from Tucson out to the rez. But the same month of the camp raid, he was approached by a Tohono O'odham police officer while showing his water stations to seminary students led by De La Torre and the Rev. John Fife of Tucson. A co-founder of No More Deaths, Fife is a charter member of the humanitarian-assistance movement.
During that encounter, Wilson was ordered to pull the stations, and his guests were banned from the reservation for life. He says the moves were directed by Baboquivari District Chairwoman Veronica Harvey, who didn't return a phone call from the Weekly seeking comment.
But Wilson suspects that federal officials may have swayed Harvey's decision. For him, Walt Staton's littering conviction only stokes those suspicions. "My fear is that a precedent has been set," he says. "I think that if the Border Patrol can put that kind of pressure on Fish and Wildlife, they might try to do the same thing with the Tohono O'odham police. Tohono O'odham tribal lands are first and foremost federal property. That's why the Border Patrol is out there now."
Down on the Buenos Aires, manager Mike Hawkes says he's not priming for any fights. But he does take a hard line on do-gooders like Staton putting out water jugs. "It's illegal to litter on the refuge, basically," he says. Nor will No More Deaths be getting any permits to make it legal. Humane Borders already has its stations out there, "and we think we have a good coverage with that."
Hawkes says he's not sure how much the water stations help, anyway. "Most of these folks who die are dying of exposure, because it's either too hot or too cold. Some of them have been found dead in water tanks (for wildlife and livestock). If people are too young or too old or not healthy enough to be making that trip, then they probably shouldn't be making that trip."
But to Jose Garcia, Hawkes is rolling the mortal dice. Garcia is a professor of government at New Mexico State University who specializes in border-security issues. He says the first migrant death at Buenos Aires after Staton's conviction will be telling. "I can't imagine how the refuge justifies taking a harder line, since you would think that human rights issues would trump littering. I would think the first death will be enough to attract the attention of the president of the United States."
Even the Fish and Wildlife Service seems confused about its policy regarding those water drops. Just this past November, for instance, Deputy Interior Secretary Lynn Scarlett wrote a memo suggesting that land managers could make their own call if certain steps were followed—including notification "of the appropriate Border Patrol sector chief."
However, Fish and Wildlife Service officials say the policy is simple: No more refuge water stations. Confusing? Hell yes, says the Rev. Robin Hoover, founder of Humane Borders. Hoover recalls a conversation between himself, former Buenos Aires Manager Mitch Ellis, and a lawyer in the agency's Albuquerque regional office named Justin Tade. "Tade flat-out told me not to apply for a new permit, because it would be denied," Hoover says. "Then he said, if asked, he would deny ever having that conversation."
Contacted by the Weekly, Tade declined to comment. But the conversation was confirmed by Ellis, now project leader for the Southwest Arizona National Wildlife Refuge Complex in Yuma.
Later, I call Tom Harvey, Fish and Wildlife's refuge supervisor for Arizona and New Mexico. In our conversation, he emphasizes the refuge system's wildlife-comes-first mission. "It's a balancing act," he says, "and the recent littering citation with the No More Deaths organization is unfortunate. But the backdrop for that whole thing is the more than 40 tons of trash per year annually that our volunteers and our refuge staff have to remove. We're just saying that if we're going to keep this refuge free of trash, we have regulations that we have to implement and abide by."
In response, No More Deaths has issued an ultimatum: If no agreement is reached, they'll again start putting out water on Buenos Aires, consequences be damned. And Hoover says he'll ask for more permits. If his requests are denied, he's ready to raise hell.
As for the Border Patrol agents who tipped off refuge officers in the Staton case, Hawkes says he isn't aware of any interagency agenda. "I do know that, by necessity, we do work very closely with the Border Patrol—they coordinate very closely with our law-enforcement staff on a whole host of issues related to drug-smuggling and illegal immigration."
Hoover considers Hawkes' stance a deal with the devil. He recalls when the agency denied his group's request to put out water stations on the Cabeza Prieta National Wildlife Refuge, near Ajo. That led to a wrongful-death lawsuit, after 14 people died there in 2001. The judge ruled that the land manager had discretion to approve water stations if he so desired.
"If I were writing this story, I would say, 'Here we go again,'" Hoover says. "A local land manager denies permission to put out water, and we've seen what happened before, when we had 14 deaths in one day."
A few days after my visit to the camp, I sit in a downtown Tucson coffee shop with Margo Cowan, an attorney who's represented immigrants and groups like No More Deaths for years. Just down the street are all the trappings of power—the city building, county headquarters and the federal courthouse where Staton was convicted.
Even after all these years in the trenches—and all the failed attempts at border-policy reform—Cowan remains an optimist. She sees the tide turning with the new administration. And she believes things will change when word of the recent law-enforcement brush-ups reaches new Interior Secretary Ken Salazar—who oversees the Fish and Wildlife Service—and Janet Napolitano, our former Arizona governor who now heads the Department of Homeland Security, which includes the Border Patrol.
"I'm surprised that the United States is digging in on their position about humanitarian assistance," Cowan says. "But I'm sure Interior Secretary Salazar would not support this if he knew about it. Certainly, Gov. Napolitano wouldn't support it. She understands clearly what death in the desert is all about."
For a moment, we sat, inexplicably, in silence. Perhaps there are ghosts even here.
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