April 2008 News- The Department of Homeland Security
is bypassing environmental reviews to speed construction of fencing along the Mexican
border.
Michael Chertoff, the homeland security secretary, issued two waivers covering 470 miles
of the border from California to Texas well as a separate 22-mile stretch in Hidalgo
County, Tex., where the department plans to build fencing up to 18 feet high into a
flood-control levee in a wildlife refuge.
“Criminal activity at the border does not stop for endless debate or protracted
litigation,” Mr. Chertoff said in a statement.
The announcement angered environmental groups, which have raised concerns through lawsuits
and public hearings about the damage that fencing could cause to wildlife. Property
owners, particularly along the Rio Grande, have also objected to what they considered
federal intrusion on their land and access to the river.
Previously, Mr. Chertoff had used his waiver authority three times to overcome
environmental hurdles along limited segments of the border in San Diego and Arizona. But
as the department strives to meet a deadline of year’s end for nearly 700 miles of
fencing, he has now greatly expanded the use of his waiver authority, which was granted by
Congress.
So far, 309 miles of fencing has been put up, varying from tall metal barriers to impede
pedestrians to simpler concrete posts designed to block vehicles.
“Congress and the American public have been adamant that they want and expect border
security,” Mr. Chertoff said. “We’re serious about delivering it, and these
waivers will enable important security projects to keep moving forward.”
Mr. Chertoff’s waiver power has drawn concern from some members of Congress.
Jodi Seth, a spokeswoman for the House Commerce and Energy Committee, said Tuesday,
“When we asked the department to justify the need to waive these environmental laws,
we were stonewalled.”
But Representative Brian P. Bilbray, a Republican from San Diego who heads the House
Immigration Reform Caucus, a mostly Republican group, praised Mr. Chertoff as
“recognizing the importance of moving forward with this fence without any further
delays.”
“The American people demand that our borders be secured,” Mr. Bilbray said,
“and this decision will go a long way toward accomplishing that.”
Under the Secure Fence Act of 2006, the department was authorized to build up to 700 miles
of fencing along the 2,000-mile Southwest border, where most illegal immigrants cross.
Amy Kudwa, a homeland security spokeswoman, said the department had contacted 600 property
owners and held 100 meetings and open houses as part of planning for the fencing.
In his statement, Mr. Chertoff said the department would continue to listen to
environmental concerns. “We value the need for public input on any potential impact
of our border infrastructure plans on the environment,” he said, “and we will
continue to solicit it.”
Defenders of Wildlife, an environmental group that had already asked the Supreme Court to
review the waiver of environmental law in an Arizona fence project, said it would amend
its petition to the court to reflect Mr. Chertoff’s new decision.
“Clearly, this is out of control,” said Rodger Schlickeisen, president of
Defenders of Wildlife.
The Interior Department, which controls several tracts where the fencing is planned, said
it had also raised objections to some fencing.
“We will continue to work with them closely to protect environmental values and
mitigate impacts,” the department said.
http://www.nytimes.com/2008/04/02/us/02fence.html?ref=us
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