Federally proposed border fence conflicts with local interests
Early last summer The University of Texas at Brownsville and Texas Southmost College (UTB/TSC) received word that the federal government had made plans to build a US-Mexican border fence through the school’s campus. The positioning of the fence left a campus building, a national historical site and the school’s golf course on the Mexican side.
By October 2007 a letter arrived for UTB/TSC President Dr. Juliet V. Garcia requesting right of entry on university property so Department of Homeland Security officials could begin preparations for construction. The letter demanded 18 months of unrestricted access to campus grounds and declared that, upon completion of the initial survey, the University would be awarded just compensation for any property found fit to condemn. The letter also said the federal government would not be liable for any damages caused by DHS employees (the nincompoops who accidentally bought $68,000 worth of dog socks). Sounds trusty enough, right?
Hell no, says Dr. Garcia. She refused to grant the Department’s requests. The federal government filed a civil lawsuit against the University to secure legal authority to go ahead with its plans.
On March 19th, Federal Judge Andrew Hanen dismissed the case when the parties came to an agreement that the DHS would only stay for six months, be held liable for damages, and work alongside the University to explore alternatives to a physical barrier (seeing as the current “18 feet of steel and concrete” plan looks about as good as lining up a bunch of soldiers holding up their middle fingers).
South Texans value their relationships with sister cities across the border. They share commerce, history, culture and in some cases, blood with their friends across the river. The fence stands to obstruct friendly relations, cut off water supplies, end a prosperous ecotourism industry, interrupt wildlife migration and oh yeah…completely screw hundreds of thousands of perfectly legal Americans.
The justice system in the Rio Grande Valley area works day and night with cases brought up against the citizens by DHS attorneys and vice-versa. The government is suing for access to private property; the people are suing because big government boots keep stomping over their property rights.
Under the premise of eminent domain, the federal government retains the right to seize and condemn any private property for use by the government itself or a third party, without the owner’s consent. The government is, however, required to engage in negotiations before ripping property out of your hands. In many Rio Grande Valley cases, the “negotiations” consist of nothing (hence all the lawsuits) or a fat $100 bill for their troubles. Of course, after shopping around on your land and digging a big honkin’ hole or two, the federal government will offer just compensation for the property they decide to seize.
Peter Schey, from the Center for Human Rights and Constitutional Law, refuses to let this fence be built illegally. Most property owners approached by DHS handed over their land freely, not knowing they have the right to negotiate before signing waivers that allow government access to their property. Schey’s attempts to revoke the waivers of people who he says “have been hoodwinked” seem pretty futile against the law-immune Secretary of Homeland Security, Michael Chertoff. According to the Real ID Act of 2005, the DHS Secretary retains the ability to waive any laws necessary to secure the construction of border barriers. Secretary Chertoff has already broken environmental protection laws, clean air provisions and a dozen other laws to get his precious fence down. I don’t give a hoot about the endangered cactus ferrunginous pygmy-owl (pun NOT intended) but it irritates me that this guy gets to act above the law while honest citizens are being ripped off.
Chertoff isn’t the only one sneaking around laws. Ray L. Hunt, Texas oil billionaire, owns a luxury housing community along the border. While Hunt’s neighbors to the west forfeit land for the sake of national security, the fence conveniently stops at the edge of his gated community. There may be a perfectly legitimate explanation for this but the fact that Mr. Hunt donated $35 million dollars to President Bush’s presidential library at Southern Methodist University makes the whole thing look a little fishy.
Ridiculous lawmaking, hypocritical law breaking, suspicious oil money… just your everyday Republican hijinks, yeah? Not really. The Secure Fence Act passed thanks to about 95 percent of Republicans but they weren’t all voting for the fence per se. Republican Texas Congressman Ron Paul voted “yes” because the act provides increased border security via manpower and technology, opposes amnesty and encourages sensible immigration reform. In an interview with John Stossel (read a libertarian’s wet dream), Paul says he finds the fence itself “rather offensive.” Republicans Governor Rick Perry and Brownsville Mayor Pat Ahumada also oppose the physical border because they recognize the importance of maintaining a workable relationship with Mexico and understand that the fence would not prevent illegal immigration.
In case you’re having trouble keeping up, let me give you a quick rundown of the people who do NOT want this fence to be built: the students at UTB/TSC, the President of UTB/TSC, Rio Grande Valley property owners, the mayor of Brownsville, the Texas Governor, a Texas Congressman and the pissed off girl furtively typing all this on her laptop at the FAC. How has this fence come to be when the people nearest to and most affected by its presence resist it so fiercely?
The federal government is too powerful. By way of the Fifth Amendment, eminent domain is legal but just because some dude from Washington has the power to start putting up walls willy-nilly, doesn’t mean he should. We need people in office who understand the value of property rights and trust local communities and individual states to solve their own problems. The people of the Rio Grande Valley and the students at UTB/TSC have plenty of ideas to enhance border security (hint: making the golf team use passports to get to the course isn’t one of them).
-Rachel Wright
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