January 10, 2015
by Jacob Fischler
Border wall, border fence, "tactical infrastructure" - the news surrounding the wall on the U.S. / Mexico border updated regularly
SAN ANTONIO — A former lawyer for the little-known federal agency that helps control the flow of the Rio Grande and the U.S. boundary with Mexico said Thursday that he was fired after complaining of gross mismanagement, including funds misappropriation and repair of levees that the agency knew would be useless.
Robert McCarthy was fired as general counsel from the International Boundary and Water Commission in July, days after he disclosed his concerns to federal auditing agencies. He complained to the auditing agency after IBWC leadership ignored several written opinions, he said.
"I felt like I was talking to a brick wall. I did put several opinions in writing as these issues were surfacing and never received any positive response," said McCarthy.
Commissioner C.W. "Bill" Ruth, appointed by President George W. Bush in November after the previous commissioner died in a plane crash, cited those opinions in his termination letter, accusing McCarthy of "failure to support me or other members of the executive staff in a constructive or collegial manner."
Public Employees for Environmental Responsibility, a group that advocates for government employees, filed a whistle-blower retaliation complaint Thursday on behalf of McCarthy with the Merit Systems Protection Board. An administrative judge will hear the case and make a recommendation to the board on whether McCarthy should get his job back.
IBWC spokeswoman Sally Spener said the agency, headquartered in El Paso, could not comment on McCarthy's case or allegations because they were part of a personnel matter and under litigation.
McCarthy, who spent eight years as an Interior Department lawyer before joining the IBWC in January, said he was ordered to sign a cost-sharing agreement with the Department of Homeland Security on the construction of levees that would help settle a fight over the border fence in the Rio Grande Valley. But McCarthy felt the arrangement violated federal law prohibiting one agency from subsidizing the purposes of another agency.
In the case of misappropriated funds, "an employee who doesn't report that is just as liable as one who approves it," he said.
McCarthy said he was also concerned about the agency's decision to repair levees in Presidio, Texas, the site of flooding last fall. The agency had consultant reports saying the levees couldn't be repaired and will be undermined by flooding again, but went ahead anyway.
"I call that a 'cosmetic levee.' It looks like they've done something but they haven't," he said.
McCarthy's personnel complaint filed with the merit system board paints the IBWC as an agency plagued by rogue employees and lax standards. Among the other accusations:
_ An executive staff member wiretapped a group of employees after he didn't get a job he wanted in the agency.
_ Several employees received unlawful salary increases over the objections of personnel staff.
_ A pair of executive staff members made false anonymous reports to the State Department about an engineer who attempted to implement changes at the agency.
_ A multimillion-dollar levee contract was solicited under the American Recovery and Reinvestment Act without using federal standards, instead plugging in specifications from a local project that may not comply with federal rules.
IBWC, a binational agency responsible for maintaining the international border, is part of the State Department for funding purposes but is supposed to answer directly to the president.
Based on McCarthy's allegations, the General Accounting Office has an investigation pending and is coordinating with the State Department Office of Inspector General.
http://www.chron.com/disp/story.mpl/ap/tx/6635382.html#GRANJENO - Residents say when the new border wall was constructed, planned gaps provided smugglers access to the country. One of those gaps is in the middle of town.
The city fought to keep the wall from cutting across their town, they won that fight. The government instead backed the wall up behind improved levees.
Now they say with the gap in the wall in town, they've seen an increase in traffic.
"We see a lot of things. There's a lot of illegal activity going on here in our small town," says Napoleon Garza.
By going through Granjeno, smugglers can get from the Rio Grande to Shary Road.
The U.S. Border Patrol says the gap is doing exactly what it was designed to do.
"If people are seeing more, it could be they see more activity in a specific area away from the community which it was what we hoped," says John Lopez, the U.S. Border Patrol Spokesperson.
Lopez says in fact, apprehensions are down in the Valley and in the area around Granjeno, proving there's less overall activity.
He does say if people are concerned about a specific area they should call authorities to alert them to the problem.
http://www.krgv.com/news/local/story/City-Says-Border-Wall-Increasing-Crime/vcgfxqeD7U2v02tY_JTuyQ.cspxNearly two years later, the project is almost finished, and the village of Granjeno has managed to hang on – as have the illegal immigrants who still pour through town by climbing over or walking around the nearly two-mile barricade designed to keep them out.
Instead of building a steel fence, the government agreed to turn an existing earthen levee into a stronger concrete one, which was supposed to both keep out illegal traffic and offer the village improved flood protection. The levee is now taller, with a sheer 18-foot drop on the side that faces Mexico.
"The wall is going to help us in the future for a big flood. We're not against that," said Daniel Garza, 76, a lifelong resident. "But border security it ain't going to help. It's getting worse."
This village of 330 people was founded on Spanish land grants in 1767, and most residents are descended from three families who survived the Spanish, the Mexicans and the short-lived Republic of Texas to become Americans. They live in modest frame houses and often take walks down toward the Rio Grande in the evenings.
In 2007, the Department of Homeland Security planned to build a double- or triple-layer fence as much as two miles from the river on the U.S. side of the Rio Grande. Residents feared their community would wither if it were divided by the fence.
The original plan would have restricted access to the river and to farmland. Parts of the fence would have run through existing houses or backyards.
By using the levee as a barrier, the government eliminated the need to take any private property.
Now the $20 million concrete barrier is nearly done, and families still still have river access.
But most residents say the barrier has done little to stop immigrant traffic. Some people have reported large groups of illegal immigrants simply running around the ends of the levee or climbing over the top.
Garza, who lives at the eastern end of the barrier, said he's seeing more traffic than ever.
"Up here you don't just see a few. You see bunches" of as many as 50 people, he said.
The fence does not cover the entire border. It leaves large open spaces between. When planning where to build the segments, the government targeted places such as Granjeno, where an illegal immigrant emerging from the Rio Grande could blend into the population.
The goal was to force immigrants into open areas where Border Patrol agents could more easily intercept them.
"It has diverted smugglers to the east and the west," said Dan Doty, a spokesman for the U.S. Customs and Border Protection agency. "We have seen a shift in where alien traffic goes."
Doty said immigrants used to take a path that led them right through the middle of Granjeno.
"They're no longer able to do that," he said.
But, he said, the number of people apprehended has not increased.
Granjeno's only business, Cabrera's Bar, has seen a booming business from the wall, serving beer to construction workers.