Border disharmony: Congressman, TV newsmen inspect river
By Jonathon Shacat
Herald/Review
Published on Tuesday, November 20, 2007
PALOMINAS — U.S. Rep. Raul M. Grijalva toured the ongoing border
fence construction project at the San Pedro Riparian National
Conservation Area on Monday to raise awareness for his proposed
Borderlands Conservation and Security Act.
Grijalva, representing Arizona's 7th Congressional District, and
fellow Democrat Gabrielle Giffords of the 8th District are the only
two of Arizona's eight U.S. representatives whose districts abut the
U.S.-Mexico border. Giffords' district includes all of Cochise County.
Glenn Spencer, left, of the American Border Patrol, has some issues
with U.S. Rep. Raul Grijalva, right, as the 7th District Congressman
visits the San Pedro River near Palominas and Spencer's property on
Monday. Tucson television newsman Bud Foster of Channel 13, center,
listens. (Ed Honda-Herald/Review)
Grijalva observed portions of the border fence and listened to
concerns voiced by host Bill Odle, a nearby landowner who is opposed
to the construction because it will negatively impact wildlife and
create "a false sense of security."
His attitude seemed to stand in stark contrast with the feelings of
some Americans in the borderlands who say the fence has been needed
for a long time to help stem the flow of illegal migration from Mexico.
Grijalva told reporters that after seeing the fence first hand, he
felt "overwhelmed" by the seriousness of the issue.
He said he is worried about plans to put a barrier across the San
Pedro River because of its consequences on wildlife and the environment.
He also questioned the fence's long-term effectiveness. He said the
fence will not be "the deterrent, the prevention or the real stoppage
of illegal entrants into this country."
People who staunchly oppose illegal immigration say the fence is
simply one element of a larger strategy to stop the flow of illegal
border crossings.
Grijalva, whose district has witnessed deadly clashes between rival
smugglers in the past year, remarked, "This is a corridor. People
will inevitably, if they have not already, find a way around, through
or over this construction."
His proposed legislation, the Borderlands Coservation and Security
Act of 2007, also known as HR 2593, would require the Department of
Homeland Security to consult with federal land managers and tribal
officials to create a strategy that supports both border security and
protects lands.
The legislation would provide for flexibility rather than a one-size-
fits-all approach to border security by allowing Homeland Security
experts to decide whether fences, virtual fences, border barriers or
other options are the best way to address border security.
Also, the legislation would require full public notice and
participation on border security decisions, as well as ensure the
government complies with laws protecting air, water, wildlife,
culture and health and safety. In addition, it would fund initiatives
that help mitigate damage to borderland habitat and wildlife.
Representatives of Defenders of Wildlife, the Sierra Club and the
Center for Biological Diversity accompanied Grijalva on the tour.
Matt Clark, southwest representative for Defenders of Wildlife, said
HR 2593 would "help to alleviate a lot of the conflict that is going
on here along the border."
Congress passed the Secure Fence Act in 2006, allowing for the
construction of a wall and fencing along much of the southern border.
Defenders of Wildlife and the Sierra Club filed a lawsuit and on Oct.
10 a federal district judge ordered a delay in the construction in
the San Pedro Riparian National Conservation Area because the
government failed to fully study the environmental impact of the
project.
Homeland Security Secretary Michael Chertoff invoked his power under
the REAL ID Act on Oct. 22 to waive several laws to allow for the
construction to be restarted.
Grijalva said he disagrees with Chertoff's decision because he did
not study the land or consult with local land managers, and because
he used the REAL ID waiver.
"Right now, people think, 'Well, it's a good waiver because he built
a wall.' " Grijalva said. "Down the road, those waivers, I think, are
a threat to some of the basic public process transparencies that we
need in this country."
Contacted by phone on Monday, Veronica Nur Valdes, spokeswoman for
the Department of Homeland Security, said, "We stand by the
secretary's decision."
"After all, he did determine that any further delay in constructing
tactical infrastructure and fencing in the area would present a risk
to our nation's security," she said.
Chertoff feels the fence will be beneficial to the environment
because it will stop the traffic of illegal immigrants who leave
trash and human waste in areas, according to Nur Valdes.
The Department of Homeland Security is taking steps to prevent the
negative impacts on the environment. It agreed to work with a
qualified biologist regarding wildlife concerns. Also, temporary
vehicle barriers will be erected in the river that can be removed
during flood season, according to Nur Valdes.
Clark said wildlife will be able to get over and through the vehicle
barrier. But, he is concerned that the fence will funnel smuggling
and enforcement activity into the riparian corridor.
He is also concerned the fencing structures may cause the river bed
to shift. The fence may also increase sedimentation that could affect
endangered fish. The fence will also block wildlife from accessing
habitats across the border, he claimed.
On Nov. 1, Defenders of Wildlife and the Sierra Club filed a new
lawsuit saying Congress violated the Constitution by giving Chertoff
the authority to ignore the laws under the REAL ID Act.
According to Clark, the case will be reviewed by a judge at the
federal district court level.
"If she rules in favor of our position, that will fast-track this
case to the Supreme Court. If she doesn't allow the amended complaint
to move forward, it still may go to the Supreme Court, but it is less
likely the Supreme Court will entertain it," he said.
He is hopeful that the government will be required to remove some of
the fencing and mitigate environmental damage.
During one portion of the tour, Grijalva also made a stop along the
San Pedro River. Glenn Spencer, a neighboring landowner and president
of American Border Patrol, a nonprofit border-watch group, came by
and announced that it was against the law for the motor vehicles to
be in the sensitive riverine area.
"There are two signs posted all the way in here. 'No vehicles.'
'Authorized use only,' " said Spencer, who had parked outside the
zone and had hiked up to the group.
The congressman and environmentalists apologized for the faux pas.
"Do you know that this is where American Border Patrol smuggled
simulated weapons of mass destruction, up this river?" he continued.
"We took it all the way into Sierra Vista ... "
"This is one of the greatest threats to United States security, right
here — the San Pedro River."
Republican response
The president of the Arizona Senate, State Sen. Tim Bee of District
30, was sought for his reaction to the recent Democratic
Congressional tours of the border.
"I hope that it's effective, that it's more than a photo opportunity
for them, and that they will go back and get something done," said
Bee, who is exploring a possible challenge against Democratic U.S.
Rep. Gabrielle Giffords next fall.
Bee noted that he himself has "taken lawmakers to the border numerous
times."
He criticized the Congress for its inaction on immigration, and he
also said the state of Arizona continues to struggle with border issues.
Herald/Review reporter Jonathon Shacat can be reached at 515-4693 or
by e-mail at jonathon.shacat@bisbeereview.net.
No comments:
Post a Comment