| February 10, 2005
Anti-Immigrant Bill
Hello border activists -
I want to follow up on the action alert I sent out
last week regarding the REAL ID act, introduced in
the House of Representatives by James Sensenbrenner.
As you heard in my last e.mail, the bill would restrict
access to drivers licenses, make it more difficult
to seek political asylum in the US, and green light
the construction of fencing projects at our borders.
In my last e.mail, I
indicated that the bill would clear the way for the
construction of fencing in San Diego. In the past
few days, in consultation with congressional offices,
it is now our understanding that the bill would not
only allow the San Diego fence to be completed, but
would clear the way for the Border Patrol to expand
its construction projects ANYWHERE they would like
along both the Mexican and Canadian borders. In the
short term, this would impact over 75 miles of fencing
being proposed in Arizona. In the long run, it could
lead to a much more severe fencing off of "fortress
America," making that concept a reality.
The REAL ID Act is currently
being debated on the floor of the House of Representatives.
We are expecting a vote on the bill sometime late
this evening or tomorrow afternoon.
PLEASE take a quick
moment to contact your member of Congress and show
your strong opposition to HR 418! Call the Capitol
Switchboard at 202.224.3121 and ask to be contacted
with your representative.
I'm attaching talking
points below that go over this new, expanded understanding
of the fencing provisions in the Sensenbrenner bill.
More information is also available at our website
at www.lawg.org.
Thanks again for all
your hard work. I'll let you know how the vote goes
as soon as we get word.
Best,
Sean
The REAL ID act, which
aims to place limits on driver’s licenses and asylum
seekers, also includes sweeping provisions to exempt
the Department of Homeland Security from our nation’s
laws and bar judicial review of border construction
projects. This provision of HR 418 threatens to undermine
the system of checks and balances for administration
proposals, and would negate dozens of laws nationwide.
What Section 102 Would Do:
- Give the Secretary of Homeland Security sweeping
authority to waive ALL laws that would prohibit
construction of barriers and roads along our nation’s
borders. In addition to eliminating the National
Environmental Policy Act’s purview over border
infrastructure, it would also waive any state
and local environmental laws that affect this
construction.
- In addition to environmental laws, Section 102
would waive the rights of Native American nations
to control the use of their lands. It would also
eliminate state and local zoning laws, including
ones that prohibit this type of construction in
residential areas.
- Prohibit judicial review of these projects,
eliminating any checks against the Department
of Homeland Security for its use of land in border
regions. It would also bar any individual, organization,
business, or local or state government that is
negatively affected from these projects to seek
compensation for their losses.
- Give the Department of Homeland Security a free
hand in construction over 7,500 miles of US border
areas. This includes not only the US border with
Mexico, but also the border with Canada. Currently,
all construction is subject to public comment,
environmental regulation, and judicial review.
Immediate Impacts:
- Eliminate the need to conduct Environmental
Impact Analyses by the Border Patrol in their
construction projects along the border. Currently,
this process, mandated by the National Environmental
Policy Act of 1976, is the only mechanism to allow
public input into these construction proposals.
- Allow completion of the “triple fence” in San
Diego, California. Currently, there are two fences
already spanning this area. This construction
is not needed, as the current fencing and Border
Patrol operations have already dropped migration
through the area by 75% from 1993 to 2004. The
vast majority of the remaining migration through
the San Diego Border Patrol Sector is not in the
urban area where the fence would be constructed,
but in the mountainous areas to the east of the
city.
- Clear the way for the construction of over 75
miles of fencing in Arizona. Currently, there
are only approximately 75 miles of fencing over
the entire US border with Mexico. This fencing
would run through environmentally sensitive areas,
would funnel migrants onto the Barry Goldwater
Air Force bombing range, and push migrants out
into the most remote stretches of Arizona Desert.
- In 2004, over 221 migrants died in Arizona alone,
using isolated desert routes to avoid current
fencing and other Border Patrol infrastructure.
The construction of more fencing would push migrants
into more inhospitable areas, most likely resulting
in an increase in migrant deaths in the state
and border-wide.
- Would open over one dozen federal and state
parks, wildlife refuges, and wilderness areas
up for unmonitored construction by the Border
Patrol.
Human and Other Costs:
- The existing Triple Fence in San Diego cost
approximately $3 million per mile to construct.
The original projected cost for the fence was
$14 million. Total costs to date exceed $42 million,
according to Rep. Duncan Hunter’s website - more
than 200% over budget.
- With over 7,500 miles of border, it is unrealistic
to expect fencing and other related operations
to “seal” our nations borders. With the completion
of all fencing proposals currently proposed, less
than 8% of our border with Mexico, and only 0.02%
of our national borders would be sealed.
- Fencing and other infrastructure projects do
not decrease migration. Rather, they just shift
the flow to more dangerous areas. Despite the
implementation of border security infrastructure
projects in California, Arizona and Texas since
1998, the former Immigration and Naturalization
Service estimated in 2002 that the number of undocumented
migrants entering the U.S. rose from 250,000 per
year to 375,000 per year.
- A June 16, 2003 report by the Government Accountability
Office (GAO) cited that "the Border Patrol
has realized its goal of shifting illegal alien
traffic away from urban areas into more remote
areas. However, rather than being deterred from
attempting illegal entry, many aliens have instead
risked injury and death by trying to cross mountains,
deserts, and rivers."
- Whereas apprehensions in the San Diego sector
have dropped 74% from 1993 (531,689 apprehensions)
to 2004 (138,328 apprehensions), they have
skyrocketed in Arizona, with a more than 500%
increase there in the same time period (116,187
in 1993 to 588,719 in 2004).
- According to the government’s own statistics,
more than 2,000 migrants have died in transit
since 1998 – after the implementation of Operations
Gatekeeper (San Diego, CA) and Hold the Line
(El Paso, TX).
- In order the cross in more perilous areas
migrants have increasingly replied upon human
smugglers, causing an increase in criminal
activity and violence.
Alternatives:
-
President Bush has issued repeated
calls for immigration reform since January 2004,
including proposals for guest worker plans. Providing
a legal means of entry to migrants who currently
enter our nation without papers would eliminate
99% of the flow of people over our borders.
-
Meaningful immigration reform
would provide us with information about the estimated
12 million undocumented migrants currently living
in the U.S., significantly improving our national
security.
-
The current infrastructure at
our borders is intended to stop migrants, not
terrorists.
-
Our border security strategy has
not changed since the terrorist attacks of September
2001. Rather, there has been a redoubling of efforts
underway since 1993 that specifically target migrants.
-
When Congress passes meaningful
immigration reform, the Border Patrol should reevaluate
its operations and devise a strategy that effectively
addresses its terrorist prevention mandate. Congress
should establish a commission to look at this
matter in a nonpartisan way.
Sean Mariano Garcia Senior Associate
Latin America Working Group
(202) 546-7010
Fax: (202) 543-7647
sgarcia@lawg.org
Latin America Working Group
Action at home for just policies abroad www.lawg.org
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