Chertoff’s Extreme Abuse Of Authority
The problem with this rush to build, is it waives all environmental and land management laws. And, in Texas landowners have been fighting to keep generational land they have owned since the 1700 and 1800 through Texas/Spanish land grants. Not to mention that Homeland Security has yet to solve the problem of Mexico acquiring Texas land and part of the University of Texas via the wall route.
However, the environment, land owners, animal and land management are of no interest or value to the Bush administration. After all, this is the administration of slash and burn policies.
Some argue that a boarder fence will stop illegal immigrants from coming here. The truth is the fence slows them down by 4 minutes.
Homeland Security waives laws to finish fence
WASHINGTON — The Homeland Security Department used its legal authority Tuesday to waive environmental and land management laws, so it can complete 670 miles of fence along the U.S.-Mexican border.
The waivers will allow the department to move ahead with miles of pedestrian and vehicle fence construction as well as roads and detection systems.
Homeland Security, under orders from Congress to build the fence, has run into intense opposition along the border from land owners, ranchers and environmentalists. Many didn’t want their land taken or for wildlife and rare species to be disturbed.
The waivers apply to sections of the border in California, Arizona, New Mexico and Texas. They allow Homeland Security to skip required studies of how its construction projects would affect areas with fragile environments, protected wildlife or historic value.
- Although Congress gave Homeland Security the authority to waive the laws, some members were furious. “Today’s waiver represents an extreme abuse of authority,” House Homeland Security Committee Chairman Bennie Thompson, D-Miss., said. “Waiver authority should only be used as a last resort.”
- Environmental groups also expressed alarm. “The DHS decision … will jeopardize the economy, quality of life and beauty of South Texas,” National Audubon Society President John Flicker said.
- It is not the first time Homeland Security has used waivers. In 2005, it waived environmental restrictions to build a section of fence in San Diego. In 2007, it issued two waivers in southern Arizona.
- In a statement, Homeland Security said it “remains deeply committed to environmental responsibility” and will make every effort to “ensure impacts to the environment, wildlife and cultural and historic artifacts are analyzed and minimized.”
I find it insulting and difficult to believe that Homeland Security “remains deeply committed to environmental responsibility.” If that were true Chertoff would not have used waivers to continue this destructive project, instead he would have issues a moratorium instead of a waiver.
I’m sure the truth behind Chertoff’s waivers is the recent revelation of Boeing not being able to complete the virtual fence which Bush stated in May 2006, “the most technologically advanced border security initiative in American history.” However, In late February, federal officials stated; “delaying completion of the first phase of the project by at least three years and shifting away from a network of tower-mounted sensors and surveillance gear.”
Yet another failed domestic project and wasted tax dollars.
Investigators for the Government Accountability Office had earlier warned that the effort was beset by both expected and unplanned difficulties. But yesterday, they disclosed new troubles that will require a redesign and said the first phase will not be completed until near the end of the next president’s first term.
- Those problems included Boeing’s use of inappropriate commercial software, designed for use by police dispatchers, to integrate data related to illicit border-crossings. Boeing has already been paid $20.6 million for the pilot project, and in December, the DHS gave the firm another $65 million to replace the software with military-style, battle management software.
- But officials said yesterday that they now expect to complete the first phase of the virtual fence’s deployment — roughly 100 miles near Tucson and Yuma, Ariz., and El Paso, Tex. — by the end of 2011, instead of by the end of 2008. That target falls outside Boeing’s initial contract, which will end in September 2009 but can be extended.
- The virtual fence was to complement a physical fence that the administration now says will include 370 miles of pedestrian fencing and 300 miles of vehicle barriers to be completed by the end of this year. The GAO said this portion of the project may also be delayed and that its total cost cannot be determined. The president’s 2009 budget does not propose funds to add fencing beyond the 700 or so miles meant to be completed this year.
- “The total cost is not yet known,” testified Richard M. Stana, the GAO’s director of homeland security issues, because DHS officials “do not yet know the type of terrain where the fencing is to be constructed, the materials to be used, or the cost to acquire the land.”
By the way, the steel being used for the wall of shame is made in China, I’m sure there’ll be a recall.
As I’ve stated in previous post:
Many Texans, myself included, find the whole idea of the fence a destruction to families, businesses, the environment and our way of life. If the rest of the country who so desperately wants a fence, I suggest that Texas erect the fence on its northern and western border. Then Texas won’t have to suffer the consequences of misguided and uniformed information or the hatred toward our neighbors that the rest of the country has.
How do you put a fence here without destroying Texas? You thought this was a desert we’re talking about. I’m not surprised at your main stream media awareness or lack thereof of our state.
Marina Lake Amistad in Del Rio
Border bridges:Laredo, Texas, on the right, is the nation’s busiest inland port.
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April 2nd, 2008 at 10:55 am
The Skeletor doesn’t have this authority.
You’re getting into issues like imminent domain and financial compensation.
But for all of its reputation as a “land rights” state, I happen to know for a fact that nothing is further from the truth in Texas.
A woman we know who is a real estate broker used to live in Austin and represented poor Mexican landowners near the new airport. The Feds swooped in and offered non-English speaking landowners .30 cents on the dollar for property too close to the runaway. This residential land was in the way of converting some airforce base into the new airport. Anyway, long story short, the settle offer wouldn’t be enough to buy a similar property in another part of town. Some of these cases went on for years before the Feds finally paid these people market value for their property.
About this border fence (the fence Hillary Clinton approves of), it sounds to me like you need to have class action lawsuits out the wazoo to delay the project until Bush is out of office. Then, everything will go back to the drawing board.
April 2nd, 2008 at 5:00 pm
Christopher:
Chertoff does have the authority Under Section 102 of the REAL ID Act, passed in May 2005, Chertoff can waive environmental, cultural and numerous other laws to allow border wall construction.
In Texas regarding eminent domain and compensation we have the Landowner’s Bill of Rights, which will be very easy for Chertoff to overcome;
Effective February 1, 2008, Texas property cannot be taken
unless the condemning authority first provides the Landowner’s Bill of Rights to the affected property’s owners.
The Texas Landowner’s Bill of Rights consists of 10 basic principles:
1. You are entitled to receive adequate compensation if your property is taken for a public use.
2. Your property can only be taken for a public use.
3. Your property can only be taken by a governmental entity or private entity authorized by law to do so.
4. The entity that wants to take your property must notify you about its interest in taking your property.
5. The entity proposing to take your property must provide you with an assessment of the adequate compensation
for your property.
6. The entity proposing to take your property must make a good faith offer to buy the property before it fi les a lawsuit to
condemn the property.
7. You may hire an appraiser or other professional to determine the value of your property or to assist you in any
condemnation proceeding.
8. You may hire an attorney to negotiate with the condemning entity and to represent you in any legal proceedings involving the condemnation.
9. Before your property is condemned, you are entitled to a hearing before a court-appointed panel that includes three
special commissioners.
10. If you are unsatisfied with the compensation awarded by the special commissioners, or if you question whether the taking of your property was proper, you have the right to a trial by jury.