New Bill Could Slow Border Fence Construction

United States Representative Raúl M. Grijalva has introduced a bill that would provide a more nuanced approach to the problem of border security than the roughshod plan put forward under the Bush administration that authorized ignoring local laws and property rights to build a fence along the Texas-Mexico border.

The Border Security and Responsibility Act of 2009 would:

* Require the Department of Homeland Security to consult with federal land managers and state, local, and tribal governments in creating a Border Protection Strategy that supports border security efforts while also protecting federal and tribal lands.

* Provide for flexibility, rather than a “one size fits all” approach, to border security by allowing experts at DHS to decide upon best strategies for border security.

* Allow land managers, local officials, and local communities to have a say in border security decisions, requiring full public notice and participation.

* Ensure that laws intended to protect air, water, wildlife, culture, and health and safety are fully upheld.

The Department of Homeland Security received authorization to override as many as 35 laws in order to build the barrier in a clause of the Real ID Act of 2005. Members of the department do not need landowner or tribal consent, nor do they need to follow legally required processes of assessing impacts on local wildlife or the environment.

The bill would greatly restore landowner rights and protect fragile ecosystems -- though at the expense of weakening the power of Homeland Security to curb the damaging effects of illegal immigration. Grijalva emphasized this is not his intent and that the legislation would still aim to secure borders.

 “Current policy has driven crossing activity to remote isolated areas along the border which, in southern Arizona, represent significant public and tribal lands,” said Grijalva. “Many of these lands have suffered extensive environmental degradation as a result of unauthorized activity and border security efforts. This bill is the first step in preserving our unique natural heritage while we protect our borders.”

Holly LaFon has written and worked for various local publications including D Magazine and Examiner.

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