Showing posts with label JD Salinas. Show all posts
Showing posts with label JD Salinas. Show all posts

Saturday, January 10, 2015

Hidalgo County judge launches investigation into conflict of interest

The Monitor
January 10, 2015
by Jacob Fischler

EDINBURG — After a year of battling with the county’s drainage director on various fronts, Hidalgo County Judge Ramon Garcia launched an investigation this week into drainage district subcontracts that went to a company owned by the wife of district Manager Godfrey Garza.

After learning late last year that drainage district contractors in 2007 hired Valley Data Collection Specialists, Inc., a company owned by Garza’s wife, Garcia sent a letter Monday to Garza’s company, Integ Corp., requesting an accounting of all contracts and subcontracts that went to the company since then.

“You, as the Drainage District Manager, are responsible to negotiate with the contractors we hire,” Garcia wrote. “On December 16, 2014, we learned that your wife is the owner of a company (Valley Data Collection Specialists, Inc.) that does subcontracting work for contractors you negotiate with… Therefore I believe there exists a serious conflict of interest in your part.”

In an interview, Garza said he would provide the judge with a response that answered his questions, but added that his wife did not own the company at the time it was subcontracted for county projects.

“We're going to respond back to him on the letter that he submitted to Integ,” Garza said. “And in response to the letter, we should be able to answer the questions that he has. Specifically, the question on Valley Data going back to 2007 — my wife was not the owner then.”

Garza declined to say when his wife did become the owner, saying he preferred to withhold that information until he wrote it in the letter.

But he added: “I never contracted with myself or my interests.”

The issue became public in a commissioners court meeting Dec. 16 when Garcia questioned Garza’s stewardship of public money — as has become routine at the drainage district portions of commissioners court.

“See, my concern is here you are representing us, entering into contracts with the contractors and then the contractors entering into contracts with your company — well, your family’s company,” Garcia said to Garza. “Don’t you really seriously believe that constitutes a conflict of interest?”

Garza said he needed to research the issue and could not answer at the time.

The two have butted heads continually since at least last January, when Garcia learned that an earlier contract with the county had paid Integ — Garcia believed erroneously — a 1.5 percent commission for work on the hybrid border wall-levee system.


Garcia and other commissioners soon thereafter sought to begin a transition to a new drainage district manager who could be ready to take over by the time Garza’s contract expires in February 2015. But commissioners have yet to settle on a job description for the new manager or an assistant manager who could one day replace Garza.

http://m.themonitor.com/news/local/hidalgo-county-judge-launches-investigation-into-conflict-of-interest/article_af2aa6f0-9932-11e4-a7b5-cba304796e84.html?mode=jqm


Saturday, September 26, 2009

Hidalgo County levee system cited in IBWC whistleblower complaint

The Monitor
September 25, 2009
by Jared James

Hidalgo County’s levee system is at the center of a complaint filed Thursday by a former staff attorney at the International Boundary and Water Commission who accuses the agency of failing to follow federal protocol on major projects in the county.

Robert McCarthy, a former general counsel for the bi-national commission’s U.S. section — the federal agency that manages the levee system — filed a whistleblower complaint after he was fired in July.

In the 11-page complaint filed with a civil service board that investigates whistleblower complaints, McCarthy alleges wanton abuses of power at the El Paso-based agency, including illegal wiretapping of employees, a conspiracy to obtain unlawful pay raises and other examples of “gross mismanagement” by rogue employees.

Most notably for local interests, he accuses the agency of breaking the law when it contributed funds to the U.S. Department of Homeland Security’s levee-wall in Hidalgo County and for using county-owned engineering plans for repair work.

McCarthy, who worked at the IBWC for six months, said the obscure federal agency operates with little oversight from the U.S. Department of State.

“(The IBWC) feel nobody supervises them and they can do whatever they want,” McCarthy said in an interview Friday. “They’re an independent agency and nobody ever calls them out.”

Agency spokeswoman Sally Spener declined to comment on McCarthy’s case or his allegations, explaining they are part of a personnel matter that is under review.

The complaint does not prohibit the IBWC from continuing work on the county’s levees through economic stimulus package funding, she said.

McCarthy said he was fired on July 31, three days after he disclosed fraud, waste and abuse at the agency to four federal oversight agencies.

In a termination letter, U.S. IBWC Commissioner Bill Ruth said McCarthy was fired for failing to act in a constructive and collegial manner with the rest of the staff.

McCarthy’s whistleblower complaint says the agency violated a federal statute prohibiting cost-sharing between two federal agencies when the IBWC contributed $1.75 million in funds for a section of the levee-wall near the Hidalgo pump house.

Cost-sharing with Homeland Security — the federal agency tasked with building the border wall — created substantial risk “because the agency (IBWC) was funded to build flood control barriers, not border barriers,” according to the complaint.

McCarthy also alleges the agency solicited bids for a levee contract under the economic stimulus package using engineering plans prepared for Hidalgo County.

Proceeding based on designs prepared to state regulations for Hidalgo County — instead of to federal regulations — exposes the agency to the risk of design failures or contractual disputes, he said.

Godfrey Garza, the general manager for Hidalgo County Drainage District No. 1, said plans for a levee section near Granjeno were turned over to the IBWC with the county’s full support for the agency’s work.

Acting on McCarthy’s behalf, Public Employees for Environmental Responsibility — a Washington, D.C.-based group that works to uphold environmental laws — filed the whistleblower retaliation complaint with the Merit Systems Protection Board, demanding his immediate reinstatement.

The board will hear the case within 120 days, said PEER Executive Director Jeff Ruch. The State Department Office of Inspector General is investigating the claims McCarthy made before he was fired.

Last month, a news release from PEER labeled the IBWC the worst agency in the federal government, citing a 2005 State Department Office of Inspector General report that concluded “internal management problems have engulfed (the agency), threatening its essential responsibilities for flood control and water management in the American Southwest.”

Spener, the IBWC spokeswoman, responded in writing that problems identified in the 4-year-old report were cleaned up after the White House asked a former commissioner to step down following its release.

Arturo Duran left the post in late August 2005 after serving as commissioner since the prior year.

He confirmed to various news outlets that the White House had asked him to resign in the wake of a scathing report from the State Department’s Office of Inspector General. The report accused Duran of mismanagement and questioned his financial and personnel decisions, saying the agency was consequently in “disarray.”

http://www.themonitor.com/articles/county-31031-hidalgo-levee.html

Thursday, September 24, 2009

Fired lawyer complains of border agency misconduct

Associated Press / Houston Chronicle
September 24, 2009
by Michelle Roberts

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#

Saturday, June 13, 2009

City Says Border Wall Increasing Crime

KRGV Channel 5
June 12, 2009
by Lisa Cortez

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.cspx

Saturday, March 21, 2009

Rio Grande town with new border fence says illegal immigrants still pouring in

Associated Press / Dallas Morning News
March 21, 2009
by Christopher Sherman

GRANJENO, Texas – When the government announced plans to build a new fence along portions of the Mexican border, residents of this sleepy town on the Rio Grande feared the barrier would cut them off from their backyards and even destroy some homes.

Nearly 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.

http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN-borderfence_21tex.ART.State.Edition1.4a60e8f.html

Wednesday, December 31, 2008

FINISHING THE WALL: County says project 'substantially' done

The Monitor
December 26, 2008

The border fence is nearly done in Hidalgo County.

The vertical posts required by the federal government for border security are in place along almost all of the 20.26 miles of levee-fence, and the concrete barriers intended for flood protection are up in more than 80 percent of the project.All that remains in those places is welding steel caps onto the posts, sodding the ground along the fence and putting down caliche roads for U.S. Border Patrol agents.

The U.S. Department of Homeland Security declared four segments of the county's levee-fence substantially complete in the past month, and county officials say the remaining six segments should be done by Jan. 31.

That timeline would mean Hidalgo County would barely miss the upcoming Wednesday deadline set by Congress when it passed the 2006 act mandating construction of 670 miles of fence along the southwest United States, but the levee-fence would be finished days after President-elect Barack Obama takes office.

Obama said in early December that he wants to evaluate what's working along the border before considering whether to finish what remains to be built of the fence when he takes office.

Along most of the border, there may not be much left to reconsider.

ALMOST DONE

Nowhere has construction on the border fence been slower than in the Rio Grande Valley.

Homeland Security has met widespread opposition in Starr and Cameron counties as it contended with hundreds of condemnation lawsuits and flood-control issues along the Rio Grande.

But progress in Hidalgo County has been steady since the department compromised with county officials earlier this year to fold levee improvements and fence construction into one project.

Under the levee-fence plan, Hidalgo County agreed to contribute $44 million to the project - or about 24 percent of its cost - with the county's Washington representatives promising to support a bill in Congress that would reimburse the county.

With the funding in place, Homeland Security agreed to incorporate its fence into the International Boundary and Water Commission's levees to bypass land acquisition battles and make improvements to levees the IBWC claims are unsafe.

Comprised of a U.S. Section and a Mexican Section, the IBWC is responsible for coming up with bi-national solutions to issues that arise during the application of treaties between the United States and Mexico regarding flood control and other issues in the border region. The U.S. Section is a federal government agency and is responsible for maintaining the flood control system in the Valley.

The levee-fence that has been built in Hidalgo County incorporates the Border Patrol's tactical requirements - a wall of posts sunk deep into the earth and rising up to 18 feet from the ground - into concrete levees meant to keep at bay a swollen Rio Grande and expensive flood insurance premiums.

Hidalgo County officials said throughout construction that they were opposed to the border fence for social and economic reasons, but they argued it was best to partner with Homeland Security to make improvements to the levees.

The Federal Emergency Management Agency announced last year that parts of Hidalgo County south of Expressway 83 would be designated a special flood hazard area if the levees were not fixed, potentially costing property owners up to $150 million in annual premiums.

With the 20 miles of levee-fence and improvements to an additional 13 miles of regular levees scheduled to be complete by mid-January, the western portion of Hidalgo County will be protected from Rio Grande flooding, said Godfrey Garza, the general manager of Hidalgo County Drainage District No. 1.

About 20 miles of river levee on the eastern side of the county still need improvements to avoid the FEMA flood designation.

"For us, it's a levee project. It's all we care about," Hidalgo County Judge J.D. Salinas said last week. "Hidalgo County is not in the business of American immigration. We're in the business of protecting our residents from floods and protecting our economic development."

OBLIGATED?

Despite starting construction a month behind schedule as the county reached a final agreement with Homeland Security on the levee-fence plan, the construction crews building the structure have run into few problems, Garza said. Permit issues relating to gas lines did slow construction, however, on two segments near PeƱitas that will be the last to be finished.

The only border fence segment in Hidalgo County not scheduled for completion by the end of January is one Hidalgo County isn't building.

Homeland Security halted a two-mile segment of standalone fencing near Los Ebanos in November because of flooding concerns.The department also halted about 13 miles of fence in Starr County because of similar concerns.

The biggest question mark in border fence construction lies with Hidalgo County's neighbor to the east.

U.S. Customs and Border Protection announced this week that it had completed 526 miles of the border fence by Dec. 12, and Homeland Security Secretary Michael Chertoff said 600 miles should be complete by the time Obama takes office.

Of the remaining 70 miles of fencing expected to be left along the entire U.S.-Mexico border, almost 40 of it will be in Cameron County.

The work in that county has stalled as landowners fought condemnation suits in court and its government tried, unsuccessfully, to mimic Hidalgo County's levee-fence.

Homeland Security said Cameron County's proposal to combine the Rio Grande's levees with the planned border fence was not feasible with the International Boundary and Water Commission already planning levee improvements in the Cameron County area.The decision to reject Cameron County's request also came back to the issue of funding: Hidalgo County went to the feds' table with $100 million in bond money, but Cameron County did not offer any funding in its proposal.

With the levee-fence alternative dead in Cameron County, Homeland Security awarded three contracts worth a combined $37 million to build the 15- to 18-foot-tall steel barrier.

Border fence opponents took Obama's appointment of Arizona Gov. Janet Napolitano to be homeland security secretary as a ray of hope that fence construction would be halted, and the Cameron County Commissioners Court even took the step of writing a letter to Obama requesting its stoppage.

But Homeland Security officials insist there will still be a fence built along the rest of South Texas' border with Mexico.

"We're still planning to build fence there," CBP spokeswoman Angela de Rocha said. "We've got contracts for them. Once you sign a contract, you're obligated to do that work."

NO REGRETS

A line of 18-foot posts encased in an imposing concrete barrier stretches on for two miles on both sides of the Progreso-Nuevo Progreso International Bridge.

The two segments - a total of about 4.5 miles split only by the bridge that allows American access to an array of touristy goods on the other side of the border - were declared "substantially complete" by Homeland Security earlier this month.

With the levee-fence nearly finished in Hidalgo County, officials said they will turn their focus toward getting reimbursed for the $44 million they invested in the project.

Even with the delays in Cameron County and the slim possibility that a new presidential administration could change course on the fence, Hidalgo County's Salinas said his county made the "hard decision" to partner with Homeland Security on the levee-fence.

"If they were going to spend money in Hidalgo County, we might as well make it a project that's going to hold water," Salinas said. "And that's what we tried to do."

http://www.themonitor.com/news/county_21391___article.html/fence_hidalgo.html

Sunday, September 21, 2008

Holes in the Wall

Homeland Security won’t say why the border wall is bypassing the wealthy and politically connected.

Texas Observer
February 22, 2008

As the U.S. Department of Homeland Security marches down the Texas border serving condemnation lawsuits to frightened landowners, Brownsville resident Eloisa Tamez, 72, has one simple question. She would like to know why her land is being targeted for destruction by a border wall, while a nearby golf course and resort remain untouched.

Tamez, a nursing director at the University of Texas at Brownsville, is one of the last of the Spanish land grant heirs in Cameron County. Her ancestors once owned 12,000 acres. In the 1930s, the federal government took more than half of her inherited land, without paying a cent, to build flood levees.

Now Homeland Security wants to put an 18-foot steel and concrete wall through what remains.

While the border wall will go through her backyard and effectively destroy her home, it will stop at the edge of the River Bend Resort and golf course, a popular Winter Texan retreat two miles down the road. The wall starts up again on the other side of the resort.

“It has a golf course and all of the amenities,” Tamez says. “There are no plans to build a wall there. If the wall is so important for security, then why are we skipping parts?”
Along the border, preliminary plans for fencing seem to target landowners of modest means and cities and public institutions such as the University of Texas at Brownsville, which rely on the federal government to pay their bills.

A visit to the River Bend Resort in late January reveals row after row of RVs and trailers with license plates from chilly northern U.S. states and Canadian provinces. At the edge of a lush, green golf course, a Winter Texan from Canada enjoys the mild, South Texas winter and the landscaped ponds, where white egrets pause to contemplate golf carts whizzing past. The woman, who declines to give her name, recounts that illegal immigrants had crossed the golf course once while she was teeing off. They were promptly detained by Border Patrol agents, she says, adding that agents often park their SUVs at the edge of the golf course.

River Bend Resort is owned by John Allburg, who incorporated the business in 1983 as River Bend Resort, Inc. Allburg refused to comment for this article. A scan of the Federal Election Commission and Texas Ethics Commission databases did not find any political contributions linked to Allburg.

Just 69 miles north, Daniel Garza, 76, faces a similar situation with a neighbor who has political connections that reach the White House. In the small town of Granjeno, population 313, Garza points to a field across the street where a segment of the proposed 18-foot high border wall would abruptly end after passing through his brick home and a small, yellow house he gave his son. “All that land over there is owned by the Hunts,” he says, waving a hand toward the horizon. “The wall doesn’t go there.”

In this area everyone knows the Hunts. Dallas billionaire Ray L. Hunt and his relatives are one of the wealthiest oil and gas dynasties in the world. Hunt, a close friend of President George W. Bush, recently donated $35 million to Southern Methodist University to help build Bush’s presidential library. In 2001, Bush made him a member of the Foreign Intelligence Advisory Board, where Hunt received a security clearance and access to classified intelligence.

Over the years, Hunt has transformed his 6,000-acre property, called the Sharyland Plantation, from acres of onions and vegetables into swathes of exclusive, gated communities where houses sell from $650,000 to $1 million and residents enjoy golf courses, elementary schools, and a sports park. The plantation contains an 1,800-acre business park and Sharyland Utilities, run by Hunt’s son Hunter, which delivers electricity to plantation residents and Mexican factories.
The development’s Web site touts its proximity to the international border and the new Anzalduas International Bridge now under construction, built on land Hunt donated. Hunt has also formed Hunt Mexico with a wealthy Mexican business partner to develop both sides of the border into a lucrative trade corridor the size of Manhattan.

Jeanne Phillips, a spokesperson for Hunt Consolidated Inc., says that since the company is private, it doesn’t have to identify the Mexican partner. Phillips says, however, that no one from the company has been directly involved in siting the fence. “We, like other citizens in the Valley, have waited for the federal government to designate the location of the wall,” she says.

Garza stands in front of his modest brick home, which he built for his retirement after 50 years as a migrant farmworker. For the past five months, he has stayed awake nights trying to find a way to stop the gears of bureaucracy from grinding over his home.

A February 8 announcement by Homeland Security Secretary Michael Chertoff said the agency would settle for building the fence atop the levee behind Garza’s house instead of through it, which has given Garza some hope. Like Tamez, he wonders why his home and small town were targeted by Homeland Security in the first place.

“I don’t see why they have to destroy my home, my land, and let the wall end there.” He points across the street to Hunt’s land. “How will that stop illegal immigration?”

Most border residents couldn’t believe the fence would ever be built through their homes and communities. They expected it to run along the banks of the Rio Grande, not north of the flood levees—in some cases like Tamez’s, as far as a mile north of the river. So it came as a shock last summer when residents were approached by uniformed Border Patrol agents. They asked people to sign waivers allowing Homeland Security to survey their properties for construction of the wall. When they declined, Homeland Security filed condemnation suits.

In time, local landowners realized that the fence’s location had everything to do with politics and private profit, and nothing to do with stopping illegal immigration.

In 2006, Congress passed the Secure Fence Act, authored by Republican Congressman Peter King from New York. The legislation mandated that 700 miles of double-fencing be built along the southern border from California to Texas. The bill detailed where the fencing, or, as many people along the border call it, “the wall,” would be built. After a year of inflamed rhetoric about the plague of illegal immigration and Congress’s failure to pass comprehensive immigration reform, the bill passed with overwhelming support from Republicans and a few Democrats. All the Texas border members of the U.S. House of Representatives, except San Antonio Republican Henry Bonilla, voted against it. Texas Sens. Kay Bailey Hutchison and John Cornyn voted for the bill.

On August 10, 2007, Chertoff announced his agency would scale back the initial 700 miles of fencing to 370 miles, to be built in segments across the southern border. Chertoff cited budget shortages and technological difficulties as justifications for not complying with the bill.

How did his agency decide where to build the segments? Chad Foster, the mayor of Eagle Pass, says he thought it was a simple enough question and that the answer would be based on data and facts. Foster chairs the Texas Border Coalition. TBC, as Foster calls it, is a group of border mayors and business leaders who have repeatedly traveled to Washington for the past 18 months to try to get federal officials to listen to them.

Foster says he has never received any logical answers from Homeland Security as to why certain areas in his city had been targeted for fencing over other areas. “I puzzled a while over why the fence would bypass the industrial park and go through the city park,” he says.

Despite terse meetings with Chertoff, Foster and other coalition members say the conversation has been one-sided.

“I think we have a government within a government,” Foster says. “[This is] a tremendous bureaucracy—DHS is just a monster.”

The Observer called Homeland Security in Washington to find out how it had decided where to build the fence. The voice mail system sputtered through a dizzying array of acronyms: DOJ, USACE, CBP, and USCIS. On the second call a media spokesperson with a weary voice directed queries to Michael Friel, the fence spokesman for Customs and Border Protection. Six calls and two e-mails later, Friel responded with a curt e-mail: “Got your message. Working on answers…” it said. Days passed, and Friel’s answers never came.

Since Homeland Security wasn’t providing answers, perhaps Congress would. Phone conversations with congressional offices ranged from “but they aren’t even building a wall” to “I don’t know. That’s a good question.” At the sixth congressional office contacted, a GOP staffer who asked not to be identified, but who is familiar with the fence, says the fencing locations stemmed from statistics showing high apprehension and narcotic seizure rates. This seems questionable, since maps released by the U.S. Army Corps of Engineers showed the wall going through such properties as the University of Texas at Brownsville—hardly a hotbed for drug smugglers and immigrant trafficking.

Questioned more about where the data came from, the staffer said she would enquire further. The next day she called back. “The border fence is being handled by Greg Giddens at the Secure Border Initiative Office within the U.S. Customs and Border Protection office,” she said.

Giddens is executive director of the SBI, as it is called, which is in charge of SBInet, a consortium of private contractors led by Boeing Co. The group received a multibillion dollar contract in 2006 to secure the northern and southern borders with a network of vehicle barriers, fencing, and surveillance systems. Companies Boeing chose to secure the southern border from terrorists include DRS Technologies Inc., Kollsman Inc., L-3 Communications Inc., Perot Systems Corp., and a unit of Unisys Corp.

A February 2007 audit by the U.S. Government Accountability Office cited Homeland Security and the SBInet project for poor fiscal oversight and a lack of demonstrable objectives. The GAO audit team recommended that Homeland Security place a spending limit on the Boeing contract for SBInet since the company had been awarded an “indefinite delivery/indefinite quantity contract for 3 years with three 1-year options.”

The agency rejected the auditors’ recommendation, saying 6,000 miles of border is limitation enough.

In a February 2007 hearing, Congressman Henry Waxman, a California Democrat and the chairman of the Oversight and Government Reform Committee, had more scathing remarks for Giddens and the SBInet project. “As of December, the Department of Homeland Security had hired a staff of 98 to oversee the new SBInet contract. This may seem like progress until you ask who these overseers are. More than half are private contractors. Some of these private contractors even work for companies that are business partners of Boeing, the company they are supposed to be overseeing. And from what we are now learning from the department, this may be just the tip of the iceberg.”

Waxman said of SBInet that “virtually every detail is being outsourced from the government to private contractors. The government is relying on private contractors to design the programs, build them, and even conduct oversight over them.”

A phone call to Giddens at SBI is referred to Loren Flossman, who’s in charge of tactical infrastructure for the office. Flossman says all data regarding the placement of the fence is classified because “you don’t want to tell the very people you’re trying to keep from coming across the methodology used to deter them.”

Flossman also calls the University of Texas at Brownsville campus a problem area for illegal immigration. “I wouldn’t assume that these are folks that aren’t intelligent enough that if they dress a certain way, they’re gonna fit in,” he says.

Chief John Cardoza, head of the UT-Brownsville police, says the Border Patrol would have to advise his police force of any immigrant smuggling or narcotic seizures that happen on campus. “If it’s happening on my campus, I’m not being told about it,” he says. Cardoza says he has never come across illegal immigrants dressed as students.

Flossman goes on to say that Boeing isn’t building the fence, but is providing steel for it. Eric Mazzacone, a spokesman for Boeing, refers the Observer to Michael Friel at Customs and Border Protection, and intercedes to get him on the phone. Friel confirms that Boeing has just finished building a 30-mile stretch of fence in Arizona, but insists other questions be submitted in writing.

Boeing, a multibillion dollar aero-defense company, is the second-largest defense contractor in the nation. The company has powerful board members, such as William M. Daley, former U.S. secretary of commerce; retired Gen. James L. Jones, former supreme allied commander in Europe; and Kenneth M. Duberstein, a former White House chief of staff. The corporation is also one of the biggest political contributors in Washington, giving more than $9 million to Democratic and Republican members of Congress in the last decade. In 2006, the year the Secure Fence Act was passed, Boeing gave more than $1.4 million to Democrats and Republicans, according to the Center for Responsive Politics.

A majority of this money has gone to legislators such as Congressman Duncan Hunter, the California Republican who championed the Secure Fence Act. In 2006, Hunter received at least $10,000 from Boeing and more than $93,000 from defense companies bidding for the SBInet contract, according to the center. During his failed bid this year for the White House, Hunter made illegal immigration and building a border fence the major themes of his campaign.

In early February 2008, Chertoff asked Congress for $12 billion for border security. He included $775 million for the SBInet program, despite the fact that congressional leaders still can’t get straight answers from Homeland Security about the program. As recently as January 31, Senate Homeland Security and Governmental Affairs Committee members sent a letter to Chertoff asking for “greater clarity on [the Customs and Border Protection office’s] operational objectives for SBInet and the projected milestones and anticipated costs for the project.” They have yet to receive a response.

Boeing continues to hire companies for the SBInet project. And the congressional districts of backers of the border fence continue to benefit. A recent Long Island Business News article trumpeted the success of Telephonics Corp., a local business, in Congressman King’s congressional district that won a $14.5 million bid to provide a mobile surveillance system under SBInet to protect the southern border.

While Garza and Tamez wait for answers, they say they are being asked to sacrifice something that can’t be replaced by money. They are giving up their land, their homes, their heritage, and the few remaining acres left to them that they hoped to pass on to their children and grandchildren.

“I am an old man. I have colon cancer, and I am 76 years old,” Garza says, resting against a tree in front of his home. “All I do is worry about whether they will take my home. My wife keeps asking me, ‘What are we going to do?’”

Besides these personal tragedies, Eagle Pass Mayor Foster says there is another tragedy in store for the American taxpayer. A 2006 congressional report estimates the cost of maintaining and building the fence could be as much as $49 billion over its expected 25-year life span.

“They are just going to push this problem on the next administration, and nobody is going to talk about immigration reform, and that’s the illness,” Foster says. “The wall is a Band-Aid on the problem. And to blow $49 billion and not walk away with a secure border—that’s a travesty.”

http://www.texasobserver.org/article.php?aid=2688

Tuesday, September 2, 2008

Group asks residents to document border wall 'abuse'

Rio Grande Guardian
September 2, 2008


GRANJENO, September 2 - Border residents are being asked to act as witnesses to any “abuses” perpetrated by the Department of Homeland Security or its agents during construction of the border wall.


Documented evidence of “abuse” is being sought by the No Border Wall group in the hope that it can be used as testimony at congressional hearings held to review the border wall project. The group hopes such hearings will be forthcoming once a new Congress and a new White House administration take office next January.


“We are clearly in a lawless situation right now, thanks to the Real ID Act, which gives Homeland Security Secretary Michael Chertoff the right to waive our laws,” said No Border Wall spokeswoman Stefanie Herweck.


“The only option we have is to become witnesses to what are essentially crimes by the Department of Homeland Security. So, we ask people to become witnesses, to give testimony, to ensure these acts do no go undocumented.”


Although the No Border Wall group originated in the Rio Grande Valley, Herweck said the group is calling for documentation from border residents up and down the U.S.-Mexico border. “The feeling is that we have until now and January, when the new Congress meets and the new administration comes in, to create a national movement against the border wall,” Herweck said.


Herweck announced details of the “Border Wall Documentation Project” at a rally against the border wall in Granjeno on Monday evening. Granjeno, a small town south of Mission, Texas, is one of the locations identified by Border Patrol as a prime site for a border wall. Currently, construction crews are in Granjeno to build a concrete levee-wall, a project devised jointly by DHS and Hidalgo County Commissioner’s Court.


More than 200 people attended “Support Granjeno Day,” enjoying a chicken barbecue and speeches against the border wall by community leaders. The event was organized by the Resist the Wall pressure group.


After her speech, Herweck handed out leaflets telling local residents how they could participate in the Border Wall Documentation Project.


The leaflet stated: “In the rush to build walls along the U.S-Mexico border, the Department of Homeland Security is forsaking the laws that safeguard human life and the health of communities and the environment. Border walls are being hastily constructed despite clear evidence that they will not curb undocumented immigration or smuggling, and with scant analysis of their negative impacts. By working outside and above the laws that protect us and by perpetrating such damage, DHS is victimizing the U.S. borderlands.”


Herweck said she hoped that by acting as witnesses to any “crimes” committed by DHS, Granjeno and other border residents could provide “ample evidence to Congress that the border wall project is a tremendous national mistake and that DHS is an agency out of control.”


Herweck urged border residents to compile a list of the negative impacts or foreseeable negative impacts a border wall creates, and to include local examples of abuse perpetrated by DHS, Customs and Border Protection (CBP), or any other private business or government agency involved in the border wall’s construction.


The No Border Wall leaflet listed 12 potential examples of both the “negative impacts” the border wall could create and the “abuses” DHS could perpetrate:


1) Local evidence that the border wall project is not related to CBP operational needs and not a part of a coherent border security strategy;
2) Local evidence that the border wall does not work
3) Inadequate or non-existent consultation with local officials about border wall construction;
4) Refusal to engage in fair negotiation with local property owners and strong arm tactics;
5) Local evidence that the border wall is inhumane and is causing unnecessary human suffering and death;
6) Studies ensuring the safety of wall segments have not been done;
7) Evidence that DHS is disregarding public safety in border wall construction;
8) Adverse impacts on local communities, businesses, agriculture, and the economy as a whole, both immediate and foreseeable;
9) Adverse impacts on the local environment, both immediate and foreseeable;
10) Disproportionate negative impacts on low-income and minority populations;
11) Evidence of DHS disregarding or squelching the opinions of other government agencies, such as U.S. Fish and Wildlife, and the Environmental Protection Agency;
12) Criticism of DHS’s “Environmental Stewardship Plans” for local sectors.


Herweck said border residents should send such “evidence” to their local member of Congress and their two U.S. senators. The evidence could be sent in written form, in pictures or by video. “Be as specific and detailed as possible,” she said.


Herweck also suggested that copies of the documentation be sent to the No Border Wall group so that it can, potentially, be forwarded to Washington, D.C., lobbyists working against the border wall. The group would then submit the “evidence” at future congressional hearings, she said.


The e-mail address for such “evidence” is borderwalldocumentation@yahoo.com. The fax number is 956-968-1388, and the physical address is No Border Wall, PO Box 8124, Weslaco, Texas 78599.


“We ask that those participating include their full name, address, phone numbers and e-mail addresses so that we can contact them,” Herweck said. “This information will remain confidential, and the material sent will not be used without prior consent.”


Herweck said border residents could work on their documentation with the groups and churches they belong to in order to develop a comprehensive list. However, she said it would be best if separate letters are written. “Members of Congress are deluged with letters and petitions from people urging them to build the border wall. The more letters we send, the better,” Herweck said.


Granjeno resident Daniel Garza told the Guardian he could provide plenty of evidence that the border wall construction is causing unnecessary human suffering against minority populations. He pointed out that Granjeno is more than 95 percent Hispanic.


“The traffic, the noise and the dust are getting worse every day. You can’t come out of your house because of the noise. Seven days a week from sunrise to sundown. It never ends,” said Garza, who sits and watches the levee wall going up behind his back yard. “We are all waiting for a new president who will stop this nonsense. We are hoping for change.”


Granjeno Mayor Vicente Garza, Jr., said the 485 residents in his town are very angry with the levee-wall project. “We used to have such a peaceful environment, the wilderness, the birds, the wildflowers. Now, it’s just machinery all day long,” he said. “Our people were never consulted about this wall and we have never had a problem with illegal immigrants coming through here.”


Mayor Garza thanked “Resist the Wall” for staging “Support Granjeno Day.”


“We had a great turnout. A lot of local residents came out. We are pleased to be able to have our say and we are pleased the media is here to report what we are thinking,” he said.

http://www.riograndeguardian.com/rggnews_story.asp?story_no=19

Friday, August 22, 2008

Border fence deadline bumped back

Associated Press / The Monitor
August 22, 2008

By Christopher Sherman

McALLEN -- Soaring construction costs for the border fence have apparently forced the Department of Homeland Security to bend for the first time on its end-of-year completion deadline.

The agency has offered a South Texas county until March 31, 2009 to finish its longest segment of the combined levee and border wall, hoping that the move will keep costs in check, according to a letter obtained by The Associated Press.

Congress mandated that 670 miles of vehicle and pedestrian barriers be in place along the 2,000-mile U.S.-Mexico border by the end of 2008. Homeland Security has used that looming deadline to justify the waiver of dozens of environmental regulations in April and repeatedly to explain in federal court the quick filing of condemnation lawsuits against hesitant owners of land in the fence's path.

But Dannenbaum Engineering Co., the firm overseeing the modification of about 20 miles of levees into concrete walls in Hidalgo County, states in an Aug. 18 letter that Homeland Security offered more time after all bids for one segment came back too high.

"DHS has allowed an extension for completion of this project," the letter to the county's drainage district said. "Original date for completion was December 31, 2008. New date for completion is March 31, 2009."

The letter concludes, "We believe that these measures may possibly allow for a more cost effective project."

Barry Morrissey, spokesman for U.S. Customs and Border Protection, the arm of DHS handling the border fence, said the agency is still working toward a year-end deadline.

"No formal decision has been made by Customs and Border Protection to change the targeted completion date for the project in question," Morrissey wrote in an e-mail Thursday. "We understand Hidalgo County may be exploring options for cost savings (as is CBP). But we remain committed to completing our goals by the end of the calendar year."

A day earlier, Morrissey said he was aware of conversations about finding savings by extending deadlines, but knew of no final decision.

"The costs have risen just dramatically since the start of this thing," Morrissey said.

Homeland Security Secretary Michael Chertoff came to Hidalgo County in February to announce a major compromise that would combine the county's need for improved levees with the agency's plans for a border fence. The river side of the levees would be scraped away and replaced with a sheer concrete wall 15 to 18-feet tall.

Most significantly, the project could be built within the existing levee right-of-way rather than through private land.

The 4.35-mile segment in western Hidalgo County discussed in the letter is set to be re-advertised Sunday. This time it will be split into two smaller pieces, said Godfrey Garza, district manager of the Hidalgo County Drainage District No. 1, which is overseeing the project.

Officials hope the extension will let them spread out their demand for steel, concrete and labor - the project's main ingredients. "Then that premium should come down," Garza said.

The county is paying for the levee improvement portion of the project and Homeland Security is covering the border wall.

This week, the county also approved changes in the original $21.4 million contract for a 1.76-mile levee segment under construction in an attempt to keep pace with rising material costs.

Change orders to the contract show that prices per cubic yard to build elements of the retaining wall have increased between seven and 23 percent since it was awarded July 1. The county drainage district will provide more "in-kind" work to keep it within budget, Garza said.

The cost of typical border fence sections is about $2 million to $3 million per mile, but the government recently began a 3 1/2-mile segment in San Diego that will cost about $16 million per mile due to terrain. As of July 11, the government had completed 182 miles of pedestrian fence and 153 miles of vehicle barriers along the border.

Perry Vaughn, executive director of the Rio Grande Valley chapter of Associated General Contractors of America, said the cost of concrete, steel and diesel fuel are expected to rise another six to eight percent by the end of the year.

"It's very difficult to tie down suppliers for an extended length of time," Vaughn said. When contractors make their bid for a project they know the price of the materials could change one day to the next, so a project such as the border fence that will take months to complete, presents challenges, he said.

From December 2003 to June 2008, concrete, steel and diesel increased 36 percent, 122 percent and 329 percent, respectively, Vaughn said.

The Hidalgo County project costs played a role in the announcement earlier this week that U.S. Customs and Border Protection had rejected neighboring Cameron County's proposal for a similar combined levee and border wall.

In a letter to the county, Customs and Border Protection Commissioner Ralph Basham cited cost as one factor in the decision.

"Based on our recent experience in Hidalgo County, we estimate that the cost of a similar project in your area would exceed the cost of CBP's standard fence design," the letter said.

http://www.themonitor.com/articles/county_16324___article.html/border_project.html

Tuesday, August 12, 2008

Valley residents fenced into no man's land by border wall

San Antonio Express-News
August 12, 2008

Lynn Brezosky - Express-News Rio Grande Valley Bureau

GRANJENO — Perhaps it was the shade-giving mesquite and the storied ebony tree that caused border-fence surveyors to apparently miss the Anzaldua family and their two neighbors' bucolic cropping of homes, horse paddocks and farm equipment.

But if construction on the first segments proceeds without changes, the family will end up in a kind of no man's land between the Homeland Security Department's border wall and the Rio Grande.

“It makes us feel like we're going to be a part of Mexico ...,” said Melissa Anzaldua. “The Rio Grande's not going to any more be the border. Are people going to think people who stayed behind stayed because they no longer wanted to be part of the United States?”

No one from Customs and Border Protection or the U.S. Army Corps of Engineers came by to tell them a fence was planned that would put them somewhere between the United States and Mexico.

No one from Hidalgo County came by to tell them whether the school bus would come once the dirt roads changed to a precarious series of dirt piles.

After construction personnel told him he couldn't go through the only route leading to the main road, Mike Anzaldua, 40, Melissa's father and an oil field worker, concluded the handful of “Rincon” residents had been forgotten.

“I had to bring the engineers all the way out here to show them that there were people back here,” he said.

The engineers, employed by one of the private contractors for the barrier, said they hadn't known.

Lloyd Easterling, spokesman for U.S. Customs and Border Protection, said he hadn't heard of the situation but would look into it. He said Hidalgo County had the lead on that leg of the project.

“No final decisions have been made at this point for access,” he said. “They're still going to be spoken to, whether by us or by Hidalgo County. We're definitely going to be talking with them.”

Asked if the family was overlooked, he said, “We put notices in the newspaper and the radio and all those things. We like to think in some of those places they would come forward.”

Melissa Anzaldua said she had tried without success to get in touch with County Judge J.D. Salinas. Monday, after a reporter called, the judge's office called her to set up a meeting.

But Salinas said he “can only do so much. A lot of people think that I can call Secretary (Michael) Chertoff in Washington and say, ‘Take care of this situation.'”

Salinas said the family should be able to get to and from their home when the project is completed.

“My understanding from the start according to Homeland Security is that anybody who has access is going to continue to have access,” he said.

Mike Anzaldua said his property dates back at least a century, and the remnants of old stone steps and rusted tractor wheels bear that out. They lead a quiet existence, tucked back along their unnamed caliche path.

Saturday, Anzaldua and his 16-year-old son Aaron, the younger sporting chaps and a Texas-shaped pendant, cleaned around the property and tended to the five horses and two sheep.

Late afternoon was for relaxing outdoors on old chairs, watching for armadillos and relishing breeze from the Rio Grande. Visitors are few, even though there are blood ties with most in the tiny city of Granjeno.

“We're pretty quiet people. We keep to ourselves,” Anzaldua said. “Not party people, I guess. Not used to the fast life.”

The wall segment being erected now is not a fence, but rather a combination levee-wall.

Hidalgo County officials reached a compromise with Homeland Security that uses reinforced levee as a security barrier. The agreement saved private properties from eminent domain acquisition and helps Hidalgo County fix ailing flood controls.

Other parts of the Texas fence are awaiting land condemnation proceedings in federal court. Two such lawsuits were taken to the 5th U.S. Circuit Court of Appeals, which Friday dismissed the case.

Julie Hillrichs, spokeswoman for the Texas Border Coalition, a group of cities that have rallied against the fence, called the Anzalduas' situation “mind-boggling.”

“You would think our federal government would conduct the proper surveillance to know who's there,” she said. “They obviously didn't do that.”

For the Anzalduas, the implications of living in a no man's land range from inconvenient to scary.

They fear being in a cross-zone for violent drug and people smugglers, which makes Mike Anzaldua wonder about defending his family.

“It comes to a point where we're going to be left behind,” he said. “We're going to have to start making our own laws back here.”

http://www.mysanantonio.com/news/state/valley_residents_fenced_into_no_mans_land_by_border_wall100.html