In border fence’s path, legislative roadblocks Loopholes mean fence may never be built, at least not as advertised



 Religions > Atheism > In border fence’s path, legislative roadblocks Loopholes mean fence may never be built, at least not as advertised

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Topic: Religions > Atheism
User: "stoney"
Date: 06 Oct 2006 03:18:53 PM
Object: In border fence’s path, legislative roadblocks Loopholes mean fence may never be built, at least not as advertised
http://www.msnbc.msn.com/id/15149231/
In border fence’s path, legislative roadblocks
Loopholes mean fence may never be built, at least not as advertised
By Spencer S. Hsu
The Washington Post
Updated: 5:25 a.m. ET Oct. 6, 2006
No sooner did Congress authorize construction of a 700-mile fence on the
U.S.-Mexico border last week than lawmakers rushed to approve separate
legislation that ensures it will never be built, at least not as
advertised, according to Republican lawmakers and immigration experts.
GOP leaders have singled out the fence as one of the primary
accomplishments of the recently completed session. Many lawmakers plan
to highlight their $1.2 billion down payment on its construction as they
campaign in the weeks before the midterm elections.
But shortly before recessing late Friday, the House and Senate gave the
Bush administration leeway to distribute the money to a combination of
projects -- not just the physical barrier along the southern border. The
funds may also be spent on roads, technology and "tactical
infrastructure" to support the Department of Homeland Security's
preferred option of a "virtual fence."
What's more, in a late-night concession to win over wavering
Republicans, GOP congressional leaders pledged in writing that Native
American tribes, members of Congress, governors and local leaders would
get a say in "the exact placement" of any structure, and that Homeland
Security Secretary Michael Chertoff would have the flexibility to use
alternatives "when fencing is ineffective or impractical."
The loopholes leave the Bush administration with authority to decide
where, when and how long a fence will be built, except for small
stretches east of San Diego and in western Arizona. Homeland Security
officials have proposed a fence half as long, lawmakers said.
"It's one thing to authorize. It's another thing to actually appropriate
the money and do it," said Sen. John Cornyn (R-Tex.). The fine-print
distinction between what Congress says it will do and what it actually
pays for is a time-honored result of the checks and balances between
lawmakers who oversee agencies and those who hold their purse strings.
Political calculations
In this case, it also reflects political calculations by GOP strategists
that voters do not mind the details, and that key players -- including
the administration, local leaders and the Mexican government -- oppose a
fence-only approach, analysts said.
President Bush signed the $34.8 billion homeland security budget bill
Wednesday in Scottsdale, Ariz., without referring to the 700-mile
barrier. Instead, he highlighted the $1.2 billion that Congress provided
for an unspecified blend of fencing, vehicle barriers, lighting and
technology such as ground-based radar, cameras and sensors.
"That's what the people of this country want," the president said. "They
want to know that we're modernizing the border so we can better secure
the border."
Bush and Chertoff have said repeatedly that enforcement alone will not
work and that they want limited dollars spent elsewhere, such as on a
temporary-worker program to ease pressure on the border. At an estimated
$3 million to $10 million per mile, the double-layered barrier will cost
considerably more than $1.2 billion.
Judd Gregg (R-N.H.), who chairs the Senate subcommittee that funds the
Department of Homeland Security, said that before the legislation was
approved, the department had planned to build 320 miles of fencing,
secure 500 miles of hard-to-traverse areas by blocking roads and monitor
electronically the rest of the 2,000-mile-long southern frontier.
"I think there'll be fencing where the department feels that it makes
sense," Gregg said, estimating that "at least 300 to 400 miles" will be
built.
Congress withheld $950 million of the $1.2 billion, pending a breakdown
by Chertoff of how he plans to spend the money. It is due in early
December, after the midterm elections.
'Virtual fence'
Asked whether Homeland Security would build 700 miles of fence,
department spokesman Russ Knocke would not say. Instead, he noted that
department leaders announced last month that they will spend $67 million
to test a remote-sensing "virtual fence" concept on a 28-mile,
high-traffic stretch of border south of Tucson over eight months, and
then adjust their plans.
"We plan to build a little and test a little. . . . Stay tuned," Knocke
said. "We're optimistic that Congress is going to provide the department
with flexibility."
The split between GOP leaders hungry for a sound-bite-friendly
accomplishment targeting immigration and others who support a more
comprehensive approach also means that the fence bill will be watered
down when lawmakers return for a lame-duck session in November,
according to congressional aides and lobbyists.
The office of Sen. Kay Bailey Hutchison (R-Tex.) yesterday released a
letter from House Speaker J. Dennis Hastert (R-Ill.) and Senate Majority
Leader Bill Frist (R-Tenn.) promising to ensure that Chertoff has
discretion over whether to build a fence or choose other options.
Homeland Security officials must also consult with U.S., state and local
representatives on where structures are placed.
The letter was inserted in the Congressional Record on Friday night
because Congress ran out of time to reach a final deal, aides said.
"State and local officials in California, Arizona, New Mexico and Texas
should not be excluded from decisions about how to best protect our
borders with their varying topography, population and geography,"
Hutchison said in a statement added to the record.
Congress also hedged on when a fence would be completed. The law
mandating it said Homeland Security officials should gain "operational
control" of the border in 18 months. But the law funding it envisions
five years. Chertoff has set a goal of two to three years, but only
after completion of an immigration overhaul.
Staff writer Peter Baker contributed to this report.
/end
--
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