United States–Mexico barrier
Encyclopedia
The Mexico–United States barrier — also known in the United States
as the border fence or border wall — is actually several separation barrier
s designed to prevent illegal movement
across the Mexico – United States border. The barriers were built as part of three larger "Operations" to taper transportation of illegal drugs manufactured in Latin America and illegal immigration: Operation Gatekeeper
in California
, Operation Hold-the-Line in Texas
, and Operation Safeguard in Arizona
. The barriers are strategically placed to mitigate the flow of illegal border crossings along the Mexico – United States international border into the Southwestern United States
. Construction supporters cite
the ongoing escalation of national security risks, relating to Cartel border violence,and their possible co-operation with overseas terrorists. Opponents claim the barriers are a taxpayer boondoggle
, an ineffective deterrent and that the barriers inappropriately jeopardize the health and safety of those seeking illegal entry
into the United States, as well as destroy animal habitat, prevent animals from reaching water, disturb animal migration patterns, and otherwise damage the environment. Despite this barrier, the US Mexican border is considered an Open Border.
The 1,951-mile
(3,141 km
) border between the United States and Mexico traverses a variety of terrains, including urban areas and deserts. The barrier is located on both urban and uninhabited sections of the border, areas where the most concentrated numbers of illegal crossings and drug trafficking have been observed in the past. These urban areas include San Diego, California
and El Paso, Texas
. As of August 29, 2008, the U.S. Department of Homeland Security had built 190 miles (305.8 km) of pedestrian border fence and 154.3 miles (248.3 km) of vehicle border fence, for a total of 344.3 miles (554.1 km) of fence. The completed fence is mainly in New Mexico, Arizona, and California, with construction under way in Texas.
U.S. Customs and Border Protection reported that it had more than 580 miles (933.4 km) of fence in place by the second week of January, 2009. Work is still under way on fence segments in Texas and on the Border Infrastructure System in California.
The border fence is not one continuous structure and is actually a grouping of short physical walls that stop and start, secured in between with "virtual fence" which includes a system of sensors and cameras monitored by Border Patrol Agents.
As a result of the effect of the barrier, there has been a marked increase in the number of people trying to illegally cross the Sonoran Desert
and crossing over the Baboquivari Mountain in Arizona
. Such illegal immigrants must cross 50 miles (80 km) of inhospitable terrain to reach the first road, which is located in the Tohono O'odham
Indian Reservation
.
There have been around 5,000 migrant deaths along the Mexico-U.S. border in the last thirteen years, according to a document created by the Human Rights National Commission of Mexico, also signed by the American Civil Liberties Union Between 43 and 61 people died trying to cross the Sonoran Desert during that same time period; three times that of the same period the previous year. In October 2004 the Border Patrol announced that 325 people had died crossing the entire border during the previous 12 months. Between 1998 and 2004, 1,954 persons are officially reported to have died along the US-Mexico border. Since 2004, the bodies of 1086 migrants have been recovered in the southern Arizona desert.
U.S. Border Patrol Tucson Sector reported on Oct. 15, 2008 that its agents were able to save 443 undocumented immigrants from certain death after being abandoned by their smugglers, during FY 2008, while reducing the number of deaths by 17 percent from 202 in FY 2007 to 167 in FY 2008. Without the efforts of these agents, hundreds more could have died in the deserts of Arizona. According to the same sector, border enhancements like the wall have allowed the Tucson Sector agents to reduce the number of apprehensions at the borders by 16 percent compared with fiscal year 2007.
Duncan Hunter
, a Republican
from California
and the then-chairman of the House Armed Services Committee
, proposed a plan to the House on November 3, 2005 calling for the construction of a reinforced fence along the entire United States – Mexican border. This would also include a 100 yards (91.4 m) border zone on the U.S. side. On December 15, 2005, Congressman Hunter's amendment to the Border Protection, Anti-terrorism, and Illegal Immigration Control Act of 2005 (H.R. 4437) passed in the House. This plan calls for mandatory fencing along 698 miles (1,123 km) of the Mexican border. On May 17, 2006 the U.S. Senate proposed with Comprehensive Immigration Reform Act of 2006 (S. 2611) what could be 370 miles (595.5 km) of triple layered-fencing and a vehicle fence. Although that bill died in committee, eventually the Secure Fence Act of 2006
was passed by Congress and signed by President
George W. Bush
on October 26, 2006.
The government of Mexico
and ministers of several Latin America
n countries have condemned the plans. Rick Perry
, governor of Texas
, also expressed his opposition saying that instead of closing the border it should be opened more and through technology support legal and safe migration. The barrier expansion has also been opposed by a unanimous vote of the Laredo, Texas
City Council. Laredo's Mayor, Raul G. Salinas
, is concerned about defending his town's people by saying that the Bill which includes miles of border wall would devastate Laredo. He states "these are people that are sustaining our economy by forty percent, and I am gonna[sic] close the door on them and put [up] a wall? You don't do that. It's like a slap in the face." He hopes that Congress would revise the Bill that better reflects the realities of life on the border. There are no plans to build border fence in Laredo at this time.
", was introduced on September 13, 2006. It passed through the U.S. House of Representatives
on September 14, 2006 with a vote of 283–138.
On September 29, 2006, by a vote of 80–19 the U.S. Senate confirmed H.R. 6061 authorizing, and partially funding the "possible" construction of 700 miles (1,125 km) of physical fence/barriers along the border. The very broad support implies that many
assurances have been made by the Administration, to the Democrats, Mexico, and the pro "Comprehensive immigration reform" minority within the GOP, that Homeland Security will proceed very cautiously. Michael Chertoff, announced that an eight-month test of the
virtual fence, he favors, will precede any construction of a physical barrier.
On October 26, 2006, President George W. Bush signed H.R. 6061 which was voted upon and passed by the 109th Congress of the United States
. The signing of the bill comes right after a CNN poll shows us that most Americans "prefer the idea of more Border Patrol agents to a 700-mile (1,125-kilometer) fence." There is a down payment of $1.2 billion to the Department of Homeland Security marked for border security, but not specifically for the border fence.
As of January 2010, the fence project has been completed from San Diego, California to Yuma, Arizona. From there it continues into Texas and consists of a fence that is 21 feet (6.4 m) tall and 6 feet (1.8 m) deep in the ground, cemented in a 3 foot (0.9144 m)-wide trench with 5000 psi concrete. There were no fatalities during construction, but there were 4 serious injuries with multiple aggressions against building crews, there was one reported shooting with no injury to a crew member in Mexicali region. All fence sections are south of the all American canals, and have access roads giving border guards the ability to reach any point easily, including the dunes area where a border agent was killed 3 years before and is now sealed off.
. Both Senators from Texas
, John Cornyn
(R-TX) and Kay Bailey Hutchison
(R-TX), advocate revising the plan.
Construction of the border fence will not be subject to any laws. This is because in 2005 the Real ID Act
, attached as a rider to a supplemental appropriations bill funding the wars in Iraq and Afghanistan
, decreed, “Not withstanding any other provision of law, the Secretary of Homeland Security
shall have the authority to waive all legal requirements such Secretary, in such Secretary’s sole discretion, determines necessary to ensure expeditious construction of the barriers and roads." Secretary of Homeland Security Michael Chertoff
used his new power to “waive in their entirety” the Endangered Species Act
, the Migratory Bird Treaty Act, the National Environmental Policy Act
, the Coastal Zone Management Act
, the Clean Water Act
, the Clean Air Act
, and the National Historic Preservation Act to extend triple fencing through the Tijuana River National Estuarine Research Reserve
near San Diego. The Real ID Act further stipulates that his decisions are not subject to judicial review
, and in December 2005 a federal judge dismissed legal challenges by the Sierra Club
, the Audubon Society, and others to Chertoff’s decision.
Secretary Chertoff exercised his waiver authority on April 1, 2008. In June 2008, the U.S. Supreme Court declined to hear the appeal of a lower court ruling upholding the waiver authority in a case filed by the Sierra Club. (Associated Press) In September, 2008 a federal district court judge in El Paso dismissed a similar lawsuit brought by El Paso County, Texas.
By January 2009, U.S. Customs and Border Protection
and the U.S. Department of Homeland Security had spent $40 million on environmental analysis and mitigation measures aimed at blunting any possible adverse impact that the fence might have on the environment. On January 16, 2009, DHS announced it was pledging an additional $50 million for that purpose, and signed an agreement with the U.S. Department of the Interior for utilization of the additional funding.
ordered a halt to the expansion of the "virtual fence," the Department of Homeland Security announced on March 16, 2010. The money would be used to upgrade current border technology.
On January 27, 2008, a U.S. Native American human rights delegation, which included Margo Tamez
, (Lipan Apache-Jumano Apache) and Teresa Leal (Opata-Mayo) reported the removal of the official International Boundary obelisks of 1848 by the U.S. Department of Homeland Security in the Las Mariposas, Sonora-Arizona sector of the Mexico-U.S. border. The obelisks were moved southward approximately 20 meters, onto the property of private landowners in Sonora, as part of the larger project of installing the 18 feet (5.5 m) steel barrier wall.
The proposed route for the border fence would divide the campus of the University of Texas at Brownsville
into two parts, according to Antonio N. Zavaleta, a vice president of the university. There have been campus protests against the wall by students who feel it will harm their school. In August, 2008, UT-Brownsville reached an agreement with the U.S. Department of Homeland Security for the university to construct a portion of the fence across and adjacent to its property. The final agreement, which was filed in federal court on Aug. 5 and formally signed by the Texas Southmost College Board of Trustees later that day, ended all court proceedings between UTB/TSC and DHS. On August 20, 2008, the university sent out a request for bids for the construction of a 10 feet (3 m) high barrier that incorporates technology security for its segment of the border fence project. The southern perimeter of the UTB/TSC campus will be part of a laboratory for testing new security technology and infrastructure combinations. The border fence segment on the UTB campus was substantially complete by December, 2008.
and Starr County
in Texas refused border fence surveys, which would determine what land was eligible for building on, as an act of protest.
In July 2008, Hidalgo County and Hidalgo County Drainage District No. 1 entered into an agreement with the U.S. Department of Homeland Security for the construction of a project that combines the border fence with a levee to control flooding along the Rio Grande. Construction of two of the Hidalgo County fence segments are under way; five more segments are scheduled to be built during the fall of 2008; the Hidalgo County section of the border fence will constitute 22 miles (35.4 km) of combined fence and levee.
In June 2007, it was announced that a section of the barrier had been mistakenly built from 1 to 6 feet (1.8 m) inside Mexican territory. This will necessitate the section being moved at an estimated cost of over US$3 million.
that the department would minimize the construction's impact on the environment, critics in Arizona and Texas asserted the fence endangered species and fragile ecosystems along the Rio Grande. Environmentalists expressed concern about butterfly migration corridors and the future of two species of local wildcats, the ocelot
and the jaguarundi
.
U.S. Customs and Border Protection (CBP) conducted environmental reviews of each pedestrian and vehicle fence segment covered by the waiver, and published the results of this analysis in Environmental Stewardship Plans (ESPs). Although not required by the waiver, CBP has conducted the same level of environmental analysis (in the ESPs) that would have been performed before the waiver (in the “normal” NEPA process) to evaluate potential impacts to sensitive resources in the areas where fence is being constructed.
ESPs completed by CBP contain extremely limited surveys of local wildlife. For example, the ESP for border fence built in the Del Rio Sector included a single survey for wildlife completed in November, 2007, and only "3 invertebrates, 1 reptile species, 2 amphibian species, 1 mammal
species, and 21 bird species were recorded." The ESPs then dismiss the potential for most adverse affects on wildlife, based on sweeping generalizations and without any quantitative analysis of the risks posed by border barriers. Approximately 461 acres of vegetation will be cleared along the impact corridor. From the Rio Grande Valley ESP: "The impact corridor avoids known locations of individuals of Walker’s manioc and Zapata bladderpod, but approaches several known locations of Texas ayenia. For this reason, impacts on federally listed plants are anticipated to be short-term, moderate, and adverse." This excerpt is typical of the ESPs in that the risk to endangered plants is deemed short-term without any quantitative population analysis.
By August, 2008, more than 90 percent of the southern border in Arizona and New Mexico had been surveyed. The remaining portions will be surveyed in the next three months. In addition, 80 percent of the California/Mexico border has been surveyed.
nationwide poll revealed that Americans favored building a fence along the U.S. border with Mexico, with 68 percent in favor and 21 percent against (margin of error: +/- 3 percentage points).
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
as the border fence or border wall — is actually several separation barrier
Separation barrier
A separation barrier is a wall or fence constructed to limit the movement of people across a certain line or border, or to separate two populations. These structures vary in placement with regard to international borders and topography...
s designed to prevent illegal movement
Illegal immigration
Illegal immigration is the migration into a nation in violation of the immigration laws of that jurisdiction. Illegal immigration raises many political, economical and social issues and has become a source of major controversy in developed countries and the more successful developing countries.In...
across the Mexico – United States border. The barriers were built as part of three larger "Operations" to taper transportation of illegal drugs manufactured in Latin America and illegal immigration: Operation Gatekeeper
Operation Gatekeeper
Operation Gatekeeper was a Clinton-era measure aimed to halt immigration at the United States–Mexico border near San Diego, California. According to the Immigration and Naturalization Service, the goal of Gatekeeper was "to restore integrity and safety to the nation's busiest border."Operation...
in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, Operation Hold-the-Line in Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, and Operation Safeguard in Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
. The barriers are strategically placed to mitigate the flow of illegal border crossings along the Mexico – United States international border into the Southwestern United States
Southwestern United States
The Southwestern United States is a region defined in different ways by different sources. Broad definitions include nearly a quarter of the United States, including Arizona, California, Colorado, Nevada, New Mexico, Oklahoma, Texas and Utah...
. Construction supporters cite
the ongoing escalation of national security risks, relating to Cartel border violence,and their possible co-operation with overseas terrorists. Opponents claim the barriers are a taxpayer boondoggle
Boondoggle (project)
A boondoggle is a project that is considered to waste time and money, yet is often continued due to extraneous policy motivations.- Etymology :...
, an ineffective deterrent and that the barriers inappropriately jeopardize the health and safety of those seeking illegal entry
Illegal entry
Illegal entry is the act of foreign nationals arriving in or crossing the borders into a country in violation of its immigration law.Migrants from nations that do not have automatic visa agreements, or who would not otherwise qualify for a visa, often cross the borders illegally in some areas like...
into the United States, as well as destroy animal habitat, prevent animals from reaching water, disturb animal migration patterns, and otherwise damage the environment. Despite this barrier, the US Mexican border is considered an Open Border.
General impact on illegal immigration
96.6% of apprehensions by the Border Patrol in 2010 occurred at the southwest border. The number of Border Patrol apprehensions declined 61% from 1,189,000 in 2005 to 723,840 in 2008 to 463,000 in 2010. The decrease in apprehensions may be due to a number of factors including changes in U.S. economic conditions and border enforcement efforts. Border apprehensions in 2010 were at their lowest level since 1972.The 1,951-mile
Mile
A mile is a unit of length, most commonly 5,280 feet . The mile of 5,280 feet is sometimes called the statute mile or land mile to distinguish it from the nautical mile...
(3,141 km
Kilometre
The kilometre is a unit of length in the metric system, equal to one thousand metres and is therefore exactly equal to the distance travelled by light in free space in of a second...
) border between the United States and Mexico traverses a variety of terrains, including urban areas and deserts. The barrier is located on both urban and uninhabited sections of the border, areas where the most concentrated numbers of illegal crossings and drug trafficking have been observed in the past. These urban areas include San Diego, California
San Diego, California
San Diego is the eighth-largest city in the United States and second-largest city in California. The city is located on the coast of the Pacific Ocean in Southern California, immediately adjacent to the Mexican border. The birthplace of California, San Diego is known for its mild year-round...
and El Paso, Texas
El Paso, Texas
El Paso, is a city in and the county seat of El Paso County, Texas, United States, and lies in far West Texas. In the 2010 census, the city had a population of 649,121. It is the sixth largest city in Texas and the 19th largest city in the United States...
. As of August 29, 2008, the U.S. Department of Homeland Security had built 190 miles (305.8 km) of pedestrian border fence and 154.3 miles (248.3 km) of vehicle border fence, for a total of 344.3 miles (554.1 km) of fence. The completed fence is mainly in New Mexico, Arizona, and California, with construction under way in Texas.
U.S. Customs and Border Protection reported that it had more than 580 miles (933.4 km) of fence in place by the second week of January, 2009. Work is still under way on fence segments in Texas and on the Border Infrastructure System in California.
The border fence is not one continuous structure and is actually a grouping of short physical walls that stop and start, secured in between with "virtual fence" which includes a system of sensors and cameras monitored by Border Patrol Agents.
As a result of the effect of the barrier, there has been a marked increase in the number of people trying to illegally cross the Sonoran Desert
Sonoran Desert
The Sonoran Desert is a North American desert which straddles part of the United States-Mexico border and covers large parts of the U.S. states of Arizona and California and the northwest Mexican states of Sonora, Baja California, and Baja California Sur. It is one of the largest and hottest...
and crossing over the Baboquivari Mountain in Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
. Such illegal immigrants must cross 50 miles (80 km) of inhospitable terrain to reach the first road, which is located in the Tohono O'odham
Tohono O'odham
The Tohono O'odham are a group of Native American people who reside primarily in the Sonoran Desert of the southeastern Arizona and northwest Mexico...
Indian Reservation
Indian reservation
An American Indian reservation is an area of land managed by a Native American tribe under the United States Department of the Interior's Bureau of Indian Affairs...
.
There have been around 5,000 migrant deaths along the Mexico-U.S. border in the last thirteen years, according to a document created by the Human Rights National Commission of Mexico, also signed by the American Civil Liberties Union Between 43 and 61 people died trying to cross the Sonoran Desert during that same time period; three times that of the same period the previous year. In October 2004 the Border Patrol announced that 325 people had died crossing the entire border during the previous 12 months. Between 1998 and 2004, 1,954 persons are officially reported to have died along the US-Mexico border. Since 2004, the bodies of 1086 migrants have been recovered in the southern Arizona desert.
U.S. Border Patrol Tucson Sector reported on Oct. 15, 2008 that its agents were able to save 443 undocumented immigrants from certain death after being abandoned by their smugglers, during FY 2008, while reducing the number of deaths by 17 percent from 202 in FY 2007 to 167 in FY 2008. Without the efforts of these agents, hundreds more could have died in the deserts of Arizona. According to the same sector, border enhancements like the wall have allowed the Tucson Sector agents to reduce the number of apprehensions at the borders by 16 percent compared with fiscal year 2007.
Barrier status
U.S. RepresentativeUnited States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
Duncan Hunter
Duncan Hunter
Duncan Lee Hunter is an American politician. He was a Republican member of the House of Representatives from California's 52nd, 45th and 42nd districts from 1981 to 2009....
, a Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
from California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
and the then-chairman of the House Armed Services Committee
United States House Committee on Armed Services
thumb|United States House Committee on Armed Services emblemThe U.S. House Committee on Armed Services, commonly known as the House Armed Services Committee, is a standing committee of the United States House of Representatives...
, proposed a plan to the House on November 3, 2005 calling for the construction of a reinforced fence along the entire United States – Mexican border. This would also include a 100 yards (91.4 m) border zone on the U.S. side. On December 15, 2005, Congressman Hunter's amendment to the Border Protection, Anti-terrorism, and Illegal Immigration Control Act of 2005 (H.R. 4437) passed in the House. This plan calls for mandatory fencing along 698 miles (1,123 km) of the Mexican border. On May 17, 2006 the U.S. Senate proposed with Comprehensive Immigration Reform Act of 2006 (S. 2611) what could be 370 miles (595.5 km) of triple layered-fencing and a vehicle fence. Although that bill died in committee, eventually the Secure Fence Act of 2006
Secure Fence Act of 2006
On October 26, 2006 President George W. Bush signed The Secure Fence Act of 2006 into law stating, “This bill will help protect the American people. This bill will make our borders more secure. It is an important step toward immigration reform."...
was passed by Congress and signed by President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
on October 26, 2006.
The government of Mexico
Politics of Mexico
The politics of Mexico take place in a framework of a federal presidential representative democratic republic whose government is based on a congressional system, whereby the president of Mexico is both head of state and head of government, and of a multi-party system...
and ministers of several Latin America
Latin America
Latin America is a region of the Americas where Romance languages – particularly Spanish and Portuguese, and variably French – are primarily spoken. Latin America has an area of approximately 21,069,500 km² , almost 3.9% of the Earth's surface or 14.1% of its land surface area...
n countries have condemned the plans. Rick Perry
Rick Perry
James Richard "Rick" Perry is the 47th and current Governor of Texas. A Republican, Perry was elected Lieutenant Governor of Texas in 1998 and assumed the governorship in December 2000 when then-governor George W. Bush resigned to become President of the United States. Perry was elected to full...
, governor of Texas
Governor of Texas
The governor of Texas is the head of the executive branch of Texas's government and the commander-in-chief of the state's military forces. The governor has the power to either approve or veto bills passed by the Texas Legislature, and to convene the legislature...
, also expressed his opposition saying that instead of closing the border it should be opened more and through technology support legal and safe migration. The barrier expansion has also been opposed by a unanimous vote of the Laredo, Texas
Laredo, Texas
Laredo is the county seat of Webb County, Texas, United States, located on the north bank of the Rio Grande in South Texas, across from Nuevo Laredo, Tamaulipas, Mexico. According to the 2010 census, the city population was 236,091 making it the 3rd largest on the United States-Mexican border,...
City Council. Laredo's Mayor, Raul G. Salinas
Raul G. Salinas
Raúl González Salinas is a private security consultant, a businessman, and a retired Federal Bureau of Investigation agent who was first elected mayor of Laredo, Texas, on June 17, 2006...
, is concerned about defending his town's people by saying that the Bill which includes miles of border wall would devastate Laredo. He states "these are people that are sustaining our economy by forty percent, and I am gonna
Secure Fence Act
House Resolution 6061 (H.R. 6061), "Secure Fence Act of 2006Secure Fence Act of 2006
On October 26, 2006 President George W. Bush signed The Secure Fence Act of 2006 into law stating, “This bill will help protect the American people. This bill will make our borders more secure. It is an important step toward immigration reform."...
", was introduced on September 13, 2006. It passed through the U.S. House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
on September 14, 2006 with a vote of 283–138.
On September 29, 2006, by a vote of 80–19 the U.S. Senate confirmed H.R. 6061 authorizing, and partially funding the "possible" construction of 700 miles (1,125 km) of physical fence/barriers along the border. The very broad support implies that many
assurances have been made by the Administration, to the Democrats, Mexico, and the pro "Comprehensive immigration reform" minority within the GOP, that Homeland Security will proceed very cautiously. Michael Chertoff, announced that an eight-month test of the
virtual fence, he favors, will precede any construction of a physical barrier.
On October 26, 2006, President George W. Bush signed H.R. 6061 which was voted upon and passed by the 109th Congress of the United States
109th United States Congress
The One Hundred Ninth United States Congress was the legislative branch of the United States, composed of the United States Senate and the United States House of Representatives, from January 3, 2005 to January 3, 2007, during the fifth and sixth years of George W. Bush's presidency. House members...
. The signing of the bill comes right after a CNN poll shows us that most Americans "prefer the idea of more Border Patrol agents to a 700-mile (1,125-kilometer) fence." There is a down payment of $1.2 billion to the Department of Homeland Security marked for border security, but not specifically for the border fence.
As of January 2010, the fence project has been completed from San Diego, California to Yuma, Arizona. From there it continues into Texas and consists of a fence that is 21 feet (6.4 m) tall and 6 feet (1.8 m) deep in the ground, cemented in a 3 foot (0.9144 m)-wide trench with 5000 psi concrete. There were no fatalities during construction, but there were 4 serious injuries with multiple aggressions against building crews, there was one reported shooting with no injury to a crew member in Mexicali region. All fence sections are south of the all American canals, and have access roads giving border guards the ability to reach any point easily, including the dunes area where a border agent was killed 3 years before and is now sealed off.
Rethinking the expansion
House Majority Leader Steny H. Hoyer (D-MD) announced in January 2007 that Congress will revisit the fence plan, while committee chairs are holding up funding until a comprehensive border security plan is presented by the United States Department of Homeland SecurityUnited States Department of Homeland Security
The United States Department of Homeland Security is a cabinet department of the United States federal government, created in response to the September 11 attacks, and with the primary responsibilities of protecting the territory of the United States and protectorates from and responding to...
. Both Senators from Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, John Cornyn
John Cornyn
John Cornyn, III is the junior United States Senator for Texas, serving since 2003. He is a member of the Republican Party. He was elected Chairman of the National Republican Senatorial Committee for the 111th U.S. Congress....
(R-TX) and Kay Bailey Hutchison
Kay Bailey Hutchison
Kathryn Ann Bailey Hutchison, known as Kay Bailey Hutchison , is the senior United States Senator from Texas.She is a member of the Republican Party. In 2001, she was named one of the thirty most powerful women in America by Ladies Home Journal. The first woman to represent Texas in the U.S....
(R-TX), advocate revising the plan.
Construction of the border fence will not be subject to any laws. This is because in 2005 the Real ID Act
REAL ID Act
The REAL ID Act of 2005, , was an Act of Congress that modified U.S. federal law pertaining to security, authentication, and issuance procedures standards for the state driver's licenses and identification cards, as well as various immigration issues pertaining to terrorism.The law set forth...
, attached as a rider to a supplemental appropriations bill funding the wars in Iraq and Afghanistan
War in Afghanistan (2001–present)
The War in Afghanistan began on October 7, 2001, as the armed forces of the United States of America, the United Kingdom, Australia, and the Afghan United Front launched Operation Enduring Freedom...
, decreed, “Not withstanding any other provision of law, the Secretary of Homeland Security
United States Secretary of Homeland Security
The United States Secretary of Homeland Security is the head of the United States Department of Homeland Security, the body concerned with protecting the American homeland and the safety of American citizens. The Secretary is a member of the President's Cabinet. The position was created by the...
shall have the authority to waive all legal requirements such Secretary, in such Secretary’s sole discretion, determines necessary to ensure expeditious construction of the barriers and roads." Secretary of Homeland Security Michael Chertoff
Michael Chertoff
Michael Chertoff was the second United States Secretary of Homeland Security under President George W. Bush and co-author of the USA PATRIOT Act. He previously served as a judge on the United States Court of Appeals for the Third Circuit, as a federal prosecutor, and as assistant U.S. Attorney...
used his new power to “waive in their entirety” the Endangered Species Act
Endangered Species Act
The Endangered Species Act of 1973 is one of the dozens of United States environmental laws passed in the 1970s. Signed into law by President Richard Nixon on December 28, 1973, it was designed to protect critically imperiled species from extinction as a "consequence of economic growth and...
, the Migratory Bird Treaty Act, the National Environmental Policy Act
National Environmental Policy Act
The National Environmental Policy Act is a United States environmental law that established a U.S. national policy promoting the enhancement of the environment and also established the President's Council on Environmental Quality ....
, the Coastal Zone Management Act
Coastal Zone Management Act
The Coastal Zone Management Act of 1972 is an Act of Congress passed in 1972 to encourage coastal states to develop and implement coastal zone management plans...
, the Clean Water Act
Clean Water Act
The Clean Water Act is the primary federal law in the United States governing water pollution. Commonly abbreviated as the CWA, the act established the goals of eliminating releases of high amounts of toxic substances into water, eliminating additional water pollution by 1985, and ensuring that...
, the Clean Air Act
Clean Air Act (United States)
The Clean Air Act is a United States federal law enacted by Congress, and signed by President Richard Nixon on December 31, 1970 to control air pollution on a national level. It requires the Environmental Protection Agency to develop and enforce regulations to protect the general public from...
, and the National Historic Preservation Act to extend triple fencing through the Tijuana River National Estuarine Research Reserve
Tijuana River National Estuarine Research Reserve
Tijuana River National Estuarine Research Reserve is a natural reserve encompassing the Tijuana River Estuary, located on the Mexico – United States border, in Imperial Beach, California.-Access and features:...
near San Diego. The Real ID Act further stipulates that his decisions are not subject to judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
, and in December 2005 a federal judge dismissed legal challenges by the Sierra Club
Sierra Club
The Sierra Club is the oldest, largest, and most influential grassroots environmental organization in the United States. It was founded on May 28, 1892, in San Francisco, California, by the conservationist and preservationist John Muir, who became its first president...
, the Audubon Society, and others to Chertoff’s decision.
Secretary Chertoff exercised his waiver authority on April 1, 2008. In June 2008, the U.S. Supreme Court declined to hear the appeal of a lower court ruling upholding the waiver authority in a case filed by the Sierra Club. (Associated Press) In September, 2008 a federal district court judge in El Paso dismissed a similar lawsuit brought by El Paso County, Texas.
By January 2009, U.S. Customs and Border Protection
U.S. Customs and Border Protection
U.S. Customs and Border Protection is a federal law enforcement agency of the United States Department of Homeland Security charged with regulating and facilitating international trade, collecting import duties, and enforcing U.S. regulations, including trade, customs and immigration. CBP is the...
and the U.S. Department of Homeland Security had spent $40 million on environmental analysis and mitigation measures aimed at blunting any possible adverse impact that the fence might have on the environment. On January 16, 2009, DHS announced it was pledging an additional $50 million for that purpose, and signed an agreement with the U.S. Department of the Interior for utilization of the additional funding.
Expansion freeze
President Barack ObamaBarack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
ordered a halt to the expansion of the "virtual fence," the Department of Homeland Security announced on March 16, 2010. The money would be used to upgrade current border technology.
Local efforts
In response to a perceived lack of will on the part of the federal government to build a secure border fence, and a lack of state funds, Arizona officials plan to launch a website allowing donors to help fund a state border fence.Controversy
Divided land
Tribal lands of three American Indian nations would be divided by the proposed border fence.On January 27, 2008, a U.S. Native American human rights delegation, which included Margo Tamez
Margo Tamez
Margo Tamez is an Nde' indigenous Lipan Apache and Jumano Apache scholar and poet. She was born and grew up in South Texas and the Lower Rio Grande Valley, along the Texas-Mexico border. Tamez's 2007 work, Raven Eye, is considered the first fusion of creative non-fiction, biography, and poetry...
, (Lipan Apache-Jumano Apache) and Teresa Leal (Opata-Mayo) reported the removal of the official International Boundary obelisks of 1848 by the U.S. Department of Homeland Security in the Las Mariposas, Sonora-Arizona sector of the Mexico-U.S. border. The obelisks were moved southward approximately 20 meters, onto the property of private landowners in Sonora, as part of the larger project of installing the 18 feet (5.5 m) steel barrier wall.
The proposed route for the border fence would divide the campus of the University of Texas at Brownsville
University of Texas at Brownsville and Texas Southmost College
The University of Texas at Brownsville and Texas Southmost College, frequently abbreviated UTB/TSC is an educational institution located in Brownsville, Texas, on the land once occupied by Fort Brown. It is a member of the University of Texas System...
into two parts, according to Antonio N. Zavaleta, a vice president of the university. There have been campus protests against the wall by students who feel it will harm their school. In August, 2008, UT-Brownsville reached an agreement with the U.S. Department of Homeland Security for the university to construct a portion of the fence across and adjacent to its property. The final agreement, which was filed in federal court on Aug. 5 and formally signed by the Texas Southmost College Board of Trustees later that day, ended all court proceedings between UTB/TSC and DHS. On August 20, 2008, the university sent out a request for bids for the construction of a 10 feet (3 m) high barrier that incorporates technology security for its segment of the border fence project. The southern perimeter of the UTB/TSC campus will be part of a laboratory for testing new security technology and infrastructure combinations. The border fence segment on the UTB campus was substantially complete by December, 2008.
Hidalgo County
In the spring of 2007 more than 25 landowners, including a corporation and a school district, from HidalgoHidalgo, Texas
Hidalgo is a city in Hidalgo County, Texas, United States. The population was 11,198 at the 2010 census. It is home to the Rio Grande Valley Magic of the Southern Indoor Football League, the Rio Grande Valley Killer Bees of the Central Hockey League, and the Rio Grande Valley Vipers of the NBA...
and Starr County
Starr County, Texas
Starr County is a county located in the U.S. state of Texas. In 2010, its population was 60,968. Its county seat is Rio Grande City. The county is named for James Harper Starr, who served as Secretary of the Treasury of the Republic of Texas. It is part of the Rio Grande City-Roma, TX,...
in Texas refused border fence surveys, which would determine what land was eligible for building on, as an act of protest.
In July 2008, Hidalgo County and Hidalgo County Drainage District No. 1 entered into an agreement with the U.S. Department of Homeland Security for the construction of a project that combines the border fence with a levee to control flooding along the Rio Grande. Construction of two of the Hidalgo County fence segments are under way; five more segments are scheduled to be built during the fall of 2008; the Hidalgo County section of the border fence will constitute 22 miles (35.4 km) of combined fence and levee.
Mexico
Mexico has urged the US to alter its plans for expanded fences along their shared border, saying they would damage the environment and harm wildlife.In June 2007, it was announced that a section of the barrier had been mistakenly built from 1 to 6 feet (1.8 m) inside Mexican territory. This will necessitate the section being moved at an estimated cost of over US$3 million.
Environmental impact
In April 2008, the Department of Homeland Security announced plans to waive more than 30 environmental and cultural laws to speed construction of the barrier. Despite claims from then Homeland Security Chief Michael ChertoffMichael Chertoff
Michael Chertoff was the second United States Secretary of Homeland Security under President George W. Bush and co-author of the USA PATRIOT Act. He previously served as a judge on the United States Court of Appeals for the Third Circuit, as a federal prosecutor, and as assistant U.S. Attorney...
that the department would minimize the construction's impact on the environment, critics in Arizona and Texas asserted the fence endangered species and fragile ecosystems along the Rio Grande. Environmentalists expressed concern about butterfly migration corridors and the future of two species of local wildcats, the ocelot
Ocelot
The ocelot , pronounced /ˈɒsəˌlɒt/, also known as the dwarf leopard or McKenney's wildcat is a wild cat distributed over South and Central America and Mexico, but has been reported as far north as Texas and in Trinidad, in the Caribbean...
and the jaguarundi
Jaguarundi
The jaguarundi is a small-sized wild cat native to Central and South America. In 2002, the IUCN classified the jaguarundi as Least Concern as it is likely that no conservation units, with the probable exception of the mega-reserves of the Amazon basin could sustain long-term viable populations. It...
.
U.S. Customs and Border Protection (CBP) conducted environmental reviews of each pedestrian and vehicle fence segment covered by the waiver, and published the results of this analysis in Environmental Stewardship Plans (ESPs). Although not required by the waiver, CBP has conducted the same level of environmental analysis (in the ESPs) that would have been performed before the waiver (in the “normal” NEPA process) to evaluate potential impacts to sensitive resources in the areas where fence is being constructed.
ESPs completed by CBP contain extremely limited surveys of local wildlife. For example, the ESP for border fence built in the Del Rio Sector included a single survey for wildlife completed in November, 2007, and only "3 invertebrates, 1 reptile species, 2 amphibian species, 1 mammal
species, and 21 bird species were recorded." The ESPs then dismiss the potential for most adverse affects on wildlife, based on sweeping generalizations and without any quantitative analysis of the risks posed by border barriers. Approximately 461 acres of vegetation will be cleared along the impact corridor. From the Rio Grande Valley ESP: "The impact corridor avoids known locations of individuals of Walker’s manioc and Zapata bladderpod, but approaches several known locations of Texas ayenia. For this reason, impacts on federally listed plants are anticipated to be short-term, moderate, and adverse." This excerpt is typical of the ESPs in that the risk to endangered plants is deemed short-term without any quantitative population analysis.
By August, 2008, more than 90 percent of the southern border in Arizona and New Mexico had been surveyed. The remaining portions will be surveyed in the next three months. In addition, 80 percent of the California/Mexico border has been surveyed.
Public opinion in the United States
A July 29, 2010 Rasmussen ReportsRasmussen Reports
Rasmussen Reports is an American media company that publishes and distributes information based on public opinion polling. Founded by pollster Scott Rasmussen in 2003, the company updates daily indexes including the President's job approval rating, and provides public opinion data, analysis, and...
nationwide poll revealed that Americans favored building a fence along the U.S. border with Mexico, with 68 percent in favor and 21 percent against (margin of error: +/- 3 percentage points).
See also
- Immigration to the United StatesImmigration to the United StatesImmigration to the United States has been a major source of population growth and cultural change throughout much of the history of the United States. The economic, social, and political aspects of immigration have caused controversy regarding ethnicity, economic benefits, jobs for non-immigrants,...
- Migrant deaths along the Mexico-U.S. border
- List of United States Immigration Acts
- List of walls
- Operation GatekeeperOperation GatekeeperOperation Gatekeeper was a Clinton-era measure aimed to halt immigration at the United States–Mexico border near San Diego, California. According to the Immigration and Naturalization Service, the goal of Gatekeeper was "to restore integrity and safety to the nation's busiest border."Operation...
- Operation Jump StartOperation Jump StartOperation Jump Start was a plan to aid U.S. Customs and Border Patrol , announced by President George W. Bush in May 2006. It included the deployment of United States National Guard troops along the Mexico–United States border. The mission entailed enforcement of border security and construction...
- Open Border
- Separation barrierSeparation barrierA separation barrier is a wall or fence constructed to limit the movement of people across a certain line or border, or to separate two populations. These structures vary in placement with regard to international borders and topography...
- United States-Mexico relations
- Mexico – United States border
- United States Border PatrolUnited States Border PatrolThe United States Border Patrol is a federal law enforcement agency within U.S. Customs and Border Protection , a component of the Department of Homeland Security . It is an agency in the Department of Homeland Security that enforces laws and regulations for the admission of foreign-born persons to...
- United States-Canada border
- Illegal entryIllegal entryIllegal entry is the act of foreign nationals arriving in or crossing the borders into a country in violation of its immigration law.Migrants from nations that do not have automatic visa agreements, or who would not otherwise qualify for a visa, often cross the borders illegally in some areas like...
- Texas Virtual Border WatchTexas Virtual Border WatchThe Texas Virtual Border Watch is a pilot program created by the State of Texas that allows individuals with internet access to observe and report on the Texas-Mexico border via their computers...
- Habitat destructionHabitat destructionHabitat destruction is the process in which natural habitat is rendered functionally unable to support the species present. In this process, the organisms that previously used the site are displaced or destroyed, reducing biodiversity. Habitat destruction by human activity mainly for the purpose of...
External links
- The Wall - A film documenting the impacts of a fence along the U.S.-Mexico border.
- Border Stories - a mosaic documentary on the U.S.-Mexico Border.
- Library of Congress Bill Summary & Status on H.R. 6061
- Fences and Mushrooms Along the Border, JURISTJURISTJURIST is an online legal news service hosted by the University of Pittsburgh School of Law, powered by a staff of more than 40 law students working in Pittsburgh and other US locations under the direction of founding Publisher & Editor-in-Chief Professor Bernard Hibbitts, Research Director Jaclyn...
- 360-degree View of the AZ/Mexico Border Fence
- Sierra Club Borderlands Team
- No Border Wall website
- Profiles of people living in the US-Mexico Borderlands
- Photos of the US-Mexico Borderlands
- Series of multimedia videos about the US-Mexico Borderlands
- Background on the policy history of the US-Mexico Borderlands
- Exhibit about the US-Mexico Borderlands
- Website about the environmental impacts of US-Mexico Border Wall