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#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.
As President Obama convenes his first major White House meeting Thursday to talk about immigration, it’s worth turning your eyes to Texas. That’s where the final 40 miles of the U.S.-Mexico Border Fence, the object of much controversy three years ago, are being constructed. I went to Texas not long ago to see how the fence was working and what clues it offered for what figures to be one of the fiercest political debates in the Obama presidency.
Two things stand out about the border fence. First, after two years of construction, no one has any idea whether it’s a success. And, in an ironic twist, it’s the Democrats, rather than pro-fence Republicans, who now have an incentive to call it one.
Obama’s White House immigration meeting is a mysterious affair. “I don’t know what to expect, exactly,” said Rep. Zoe Lofgren, a Democrat from California who was planning to attend.
There is no public guest list; the veil of secrecy reflects just how delicately Obama is approaching comprehensive immigration reform. To this point, his position, like that of many Democrats, has been “security first”—keep out new undocumented immigrants and then try to create a path to citizenship for the 12 million already in the country.
As I saw in Texas, “security” is harder to pull off than it sounds. The border fence is not a contiguous fence that spans the 1,952-mile U.S.-Mexican border but a 670-mile partial barrier of varying heights, shapes, and materials. As you drive through the South Texas floodplain, you can see the fence rising up to cordon off small towns like Hidalgo and Granjeno, and then disappearing for miles before rising again.
I drove out to a section of the fence south of Donna, Texas, with an anti-fence activist named Scott Nicol. By Texas standards, it wasn’t an unreasonably hot day. We turned south off a farm-to-market road, drove down a dirt path past a sorghum field, and there was the fence, dramatically rising out of the earth. It was picket-style, made of rusted iron bars a few inches apart. It was 18 feet high. Placed next to the crops and tractors, it looked like the Department of Homeland Security had erected an audacious modern art installation.
“It’s like Christo working with an Eastern Bloc budget,” Mark Clark, a Brownsville art gallery owner, had told me.
The fence certainly looked impenetrable—that is, until I took a couple steps to the east, where it ended abruptly. There was nothing there for several hundred feet except a dirt road and irrigation ditch, plenty of room for an immigrant to sneak through. Or the enterprising immigrant could turn west and walk nine-tenths of a mile, where the fence stopped again. Past the western edge of the fence, there was a gap measuring 15 or 20 miles.
These gaps are by design. The Border Patrol hopes that partial fencing will direct immigrants into the gaps, where they can be apprehended more easily. Nicol and I had parked our SUVs at the fence’s eastern gap. We stood around for 45 minutes, taking pictures and looking like the world’s most hapless coyotes. We didn’t see a single Border Patrol agent.
Feeling emboldened, we got into our SUVs and drove right past the fence, going south, as if we were sneaking into Mexico. We were behind the fence for 20 more minutes. No one bothered us there, either.
As it turns out, this was one of the more uncreative ways to penetrate the border fence. Rick Cardoza, who operates a general store in nearby Granjeno, Texas, describes a scheme in which immigrants appropriated the forklift of the contractor building the fence and used it like an elevator. Mike Perez, the city manager of McAllen, Texas, was crossing the Hidalgo International Bridge not long ago when he saw several immigrants form a human ladder, like circus acrobats. Those lacking in fence-scaling athleticism, Perez notes, “just go around it.”
These, of course, are anecdotal examples, but anecdotes are all Congress has to go on for now. The big problem with the border fence is that there’s no mathematical way to tell if it’s working. In the last year, the number of undocumented Mexicans entering the United States has fallen between 35 percent and 45 percent. But analysts say this has mostly to do with the putrid state of the American economy—there’s no work here, so fewer people are inclined to come at all. (Immigration also plummeted during the 2001 recession.) The fence’s real test comes when the economy recovers and immigrants once again approach the border.
Even fence proponents like Mark Krikorian, the executive director of the Center for Immigration Studies, say it’s much too early to judge how many people the fence is keeping out. “We certainly don’t know now,” he told me, “and it’s going to be a long time before we can venture estimates.”
Back in Washington, D.C., you might think this kind of data would lead to caution. It hasn’t. Democrats desperately want another shot at comprehensive immigration reform. To get it, they feel compelled to demonstrate that the “security first” policy has been validated—that border defenses are working. Sen. Charles Schumer recently declared, “By several measures, the border is far more secure than it has ever been.”
Lofgren, who voted against the Secure Fence Act in 2006, echoes that idea. “The number of unlawful entries is dropping tremendously,” she told me. “People say it’s the economy, but professionals believe it is strongly related to how difficult it now is to make an unlawful entry.”
This topsy-turvy portfolio has been plopped onto the desk of President Obama, whose political capital is already being siphoned away by the stimulus, health care, and other legislative priorities. Obama declared last Friday that he supports comprehensive immigration reform. By that afternoon, his press secretary had admitted he didn’t have the votes.
Thursday’s much-anticipated White House meeting was slated to be a feeling-out period for attendees like Lofgren, who were curious about where Obama would come down. “The most helpful thing for me to hear from the president directly is the scope of his planning and what timetable he has in mind,” she said.
http://www.thedailybeast.com/blogs-and-stories/2009-06-25/obamas-border-conundrum/?cid=hp:mainpromo7