Mexico–United States barrier
The Mexico–United States barrier (Spanish: barrera México–Estados Unidos), also known as the border wall, is a series of vertical barriers along the Mexico–United States border intended to reduce illegal immigration to the United States from Mexico. The barrier is not a continuous structure, but a series of obstructions classified as 'fences' or 'walls'.
Between the physical barriers, security is provided by a 'virtual fence' of sensors, cameras, and other surveillance equipment used to dispatch United States Border Patrol agents to suspected migrant crossings. In May 2011, the Department of Homeland Security stated that it had 649 miles (1,044 km) of barriers in place. The total length of the continental border is 1,954 miles (3,145 km).
- 1 Description
- 2 History
- 3 Controversy
- 4 See also
- 5 References
- 6 Further reading
- 7 External links
The 1,954 miles (3,145 km) border between the United States and Mexico traverses a variety of terrains, including urban areas and deserts. The barrier is located on both urban and uninhabited sections of the border, areas where the most concentrated numbers of illegal crossings and drug trafficking have been observed in the past. These urban areas include San Diego, California and El Paso, Texas. The fencing includes a steel fence (varying in height between 18 and 26 feet) that divides the border towns of Nogales, Arizona in the U.S. and Nogales, Sonora in Mexico.
97% of border apprehensions (foreign nationals who are caught being in the U.S. illegally) by the Border Patrol in 2010 occurred at the southwest border. The number of Border Patrol apprehensions declined 61% from 1,189,000 in 2005 to 723,840 in 2008 to 463,000 in 2010. The decrease in apprehensions may be due to a number of factors, including changes in U.S. economic conditions and border enforcement efforts. Border apprehensions in 2010 were at their lowest level since 1972. In December 2016 apprehensions were at 58,478, whereas in March 2017, there were 17,000 apprehensions, which was the fifth month in a row of decline.
As a result of the barrier, there has been a significant increase in the number of people trying to cross areas that have no fence, such as the Sonoran Desert and the Baboquivari Mountains in Arizona. Such immigrants must cross fifty miles (80 km) of inhospitable terrain to reach the first road, which is located in the Tohono O'odham Indian Reservation.
US President George H. W. Bush approved the initial 14 miles of fencing along the San Diego–Tijuana border. Construction began on this section in 1990, and was complete by 1993. Further barriers were built from 1994 under the presidency of Bill Clinton as part of three larger operations to taper transportation of illegal drugs manufactured in Latin America and immigration: Operation Gatekeeper in California, Operation Hold-the-Line in Texas, and Operation Safeguard in Arizona. Clinton signed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which authorized further barriers and the reinforcement of Bush's fence. The majority of the border barriers built in the 1990s were made out of leftover helicopter landing mats from the Vietnam War.
The Real ID Act, signed into law by President George W. Bush on May 11, 2005, attached a rider to a supplemental appropriations bill funding the wars in Iraq and Afghanistan, which went into effect in May 2008:
Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive all legal requirements such Secretary, in such Secretary's sole discretion, determines necessary to ensure expeditious construction of the barriers and roads.
In 2005, the border-located Laredo Community College obtained a 10-foot fence built by the United States Marine Corps. The structure led to a reported decline in border crossings on to the campus.
U.S. Representative Duncan Hunter, a Republican from California and then-chairman of the House Armed Services Committee, proposed a plan to the House on November 3, 2005 calling for the construction of a reinforced fence along the entire United States–Mexico border. This would also have included a 100-yard (91 m) border zone on the U.S. side. On December 15, 2005, Congressman Hunter's amendment to the Border Protection, Anti-terrorism, and Illegal Immigration Control Act of 2005 (H.R. 4437) passed in the House, but the bill did not pass the Senate. This plan called for mandatory fencing along 698 miles (1,123 km) of the 1,954-mile (3,145-kilometre) border. On May 17, 2006, the U.S. Senate proposed the Comprehensive Immigration Reform Act of 2006 (S. 2611), which would include 370 miles (600 km) of triple-layered fencing and a vehicle fence, but the bill died in committee.
Just prior to the passage of the Secure Fence Act, there were 75 miles of fencing along the 2000-mile border.
Secure Fence Act of 2006
The Secure Fence Act of 2006, signed into law on October 26, 2006 by President George W. Bush authorized and partially funded the potential construction of 700 miles (1,125 km) of physical fence/barriers along the Mexican border. The bill passed with supermajorities in both chambers. Secretary of Homeland Security Michael Chertoff announced that an eight-month test of the virtual fence he favored would precede any construction of a physical barrier.
The government of Mexico and ministers of several Latin American countries condemned the plans. Rick Perry, Governor of Texas, also expressed his opposition, saying that, instead of being closed, the border should be more open and, utilizing technology, support safe and legal migration. The barrier expansion was also opposed by a unanimous vote by the Laredo, Texas City Council. Laredo's mayor, Raul G. Salinas, said that the bill, which included miles of border wall, would devastate Laredo. He stated that "These are people that are sustaining our economy by forty percent, and I am gonna close the door on them and put [up] a wall? You don't do that. It's like a slap in the face." He hoped that Congress would revise the bill to better reflect the realities of life on the border.
Secretary Chertoff exercised his waiver authority on April 1, 2008 to "waive in their entirety" the Endangered Species Act, the Migratory Bird Treaty Act, the National Environmental Policy Act, the Coastal Zone Management Act, the Clean Water Act, the Clean Air Act, and the National Historic Preservation Act to extend triple fencing through the Tijuana River National Estuarine Research Reserve near San Diego. By January 2009, U.S. Customs and Border Protection and Homeland Security had spent $40 million on environmental analysis and mitigation measures aimed at blunting any possible adverse impact that the fence might have on the environment. On January 16, 2009, DHS announced it was pledging an additional $50 million for that purpose, and signed an agreement with the U.S. Department of the Interior for utilization of the additional funding. In January 2009, U.S. Customs and Border Protection reported that it had more than 580 miles (930 km) of barriers in place.
On March 16, 2010, the Department of Homeland Security announced that there would be a halt to expand the virtual fence beyond two pilot projects in Arizona. Contractor Boeing Corporation had numerous delays and cost overruns. Boeing had initially used police-dispatching software that was unable to process all of the information coming from the border. The $50 million of remaining funding would be used for mobile surveillance devices, sensors, and radios to patrol and protect the border. At the time, the Department of Homeland Security had spent $3.4 billion on border fences and had built 640 miles (1,030 km) of fences and barriers as part of the Secure Border Initiative.
In May 2011, then-president Barack Obama stated that the wall was "basically complete", with 649 miles (1,044 km) of 652 planned miles of barrier constructed. Of this, vehicle barriers comprised 299 miles (481 km) and pedestrian fence 350 miles (560 km). Obama stated that:
We have gone above and beyond what was requested by the very Republicans who said they supported broader reform as long as we got serious about enforcement. All the stuff they asked for, we've done. But ... I suspect there are still going to be some who are trying to move the goal posts on us one more time. They'll want want a higher fence. Maybe they'll need a moat. Maybe they want alligators in the moat.[a] They'll never be satisfied. And I understand that. That's politics.
The Republican Party's 2012 platform stated that "The double-layered fencing on the border that was enacted by Congress in 2006, but never completed, must finally be built." The Secure Fence Act's costs were estimated at $6 billion, more than the Customs and Border Protection's entire annual discretionary budget of $5.6 billion. The Washington Office on Latin America noted in 2013 that the cost of complying with the Secure Fence Act's mandate was the reason that it had not been completely fulfilled.
A 2016 report by the Government Accountability Office confirmed that the government had completed the fence by 2015. A 2017 report noted that "In addition to the 654 miles of primary fencing, [Customs and Border Protection] has also deployed additional layers of pedestrian fencing behind the primary border fencing, including 37 miles of secondary fencing and 14 miles of tertiary fencing."
Throughout his 2016 presidential campaign, Donald Trump called for the construction of a much larger and fortified border wall, claiming that if elected, he would "build the wall and make Mexico pay for it". Mexican President Enrique Peña Nieto has maintained that his country will not pay for the wall. On January 25, 2017, the Trump administration signed Executive Order 13767, which formally directed the US government to begin attempting to construct a border wall using existing federal funding, although construction did not begin at this time due to the lack of a proper budget. In March 2018, the Trump administration secured $1.6bn from Congress for projects at the border for existing designs of approximately 100 miles of new and replacement walls. From December 22, 2018 to January 25, 2019, the federal government was partially shut down due to Trump's declared intention to veto any spending bill that did not include $5 billion in funding for a border wall.
On May 24, 2019, federal Judge Haywood Gilliam in the Northern District of California granted a preliminary injunction preventing the Trump administration from redirecting funds under the national emergency declaration issued earlier in the year to fund a planned wall along the border with Mexico. The injunction applies specifically to money the administration intended to allocate from other agencies and limits wall construction projects in El Paso and Yuma. On June 28, Gilliam blocked the reallocation of $2.5bn of funding from the Department of Defense to the construction of segments of the border wall categorized as high priority by the Trump administration (spanning across Arizona, California and New Mexico). The decision was upheld five days later by a majority in the Ninth Circuit Appeals Court, but was overturned by the US Supreme Court on July 26. On September 3, Secretary of Defense Mark Esper authorized the use of $3.6bn in military construction funding for 175 miles of the barrier. Later in the month, the House of Representatives voted to terminate Trump's emergency declaration, but as a two-thirds majority was not met, the president has the power to veto the resolution. In October, a lawsuit filed in El Paso County produced a ruling that the emergency declaration was unlawful, as it fails to meet the National Emergencies Act's definition of an emergency.
As of August 2019[update], the Trump administration's barrier construction has been limited to replacing sections that were in need of repair, with 60 miles of replacement wall built in the Southwest since 2017. 450 miles are planned to be completed by the end of 2020 with an estimated total cost of $18.4 billion. Privately owned land adjacent to the border would have to be acquired by the U.S. government to be built upon. A lawsuit filed by the American Civil Liberties Union on the behalf of the Sierra Club and Southern Border Communities Coalition in February 2019, which "argues that the president is usurping Congress's appropriations power and threatening the clearly defined separation of powers inscribed in the Constitution", will return to the Ninth Circuit Appeals Court.
Contractors and independent efforts
As of February 2019, contractors were preparing to construct $600 million worth of replacement barriers along the south Texas' Rio Grande Valley section of the border wall, approved by Congress in March 2018. In mid-April 2019, former Kansas Secretary of State Kris Kobach—then rumored to be Trump's prospective choice as the new head of Homeland Security—visited Coolidge, Arizona to observe a demonstration by Fisher Industries of how it would build a border fence. The company maintained that it could erect 218 miles of the barrier for $3.3bn and be able to complete it in 13 months. Spin cameras positioned atop the fence would use facial-recognition technology and underground fiber optic cables could detect and differentiate between human activity, vehicles, tunneling, and animals as distant as 40 feet away. The proposed barrier would be constructed with 42 miles near Yuma and 91 miles near Tucson, Arizona, 69 miles near El Paso, Texas, and 15 miles near El Centro, California—reportedly costing $12.5 million per mile. In April 2019, Louisiana Republican U.S. Senator Bill Cassidy said that he traveled with the group of politicians and administration officials over the Easter recess to Coolidge (120 miles north of the Mexico border) because he felt that insufficient barrier and border enhancements had been erected since Trump became president. North Dakota's junior U.S. senator Kevin Cramer was also there, promoting Fisher Industries, which demonstrated the construction of a 56-foot fence in Coolidge.
A private organization founded by military veteran Brian Kolfage called "We Build the Wall" raised over $20 million beginning in 2018, with President Trump's encouragement and with leadership from Kris Kobach and Steve Bannon. Over the 2019 Memorial Day weekend, the organization constructed a 1/2 to 1-mile "weathered steel" bollard fence near El Paso on private land adjoining the US-Mexico border using $6–8 million of the donated funds. Kolfage's organization says it has plans to construct further barriers on private lands adjoining the border in Texas and California.
Research at Texas A&M University and Texas Tech University indicates that the wall, like border walls in general, is unlikely to be effective at reducing illegal immigration or movement of contraband. In mid-April, 2019, Arizona's junior U.S. Senator, Republican Martha McSally said that a barrier will not resolve the border crisis.
The US Customs and Border Protection Agency has frequently called for more physical barriers on the Mexico-United States border, citing their efficacy. "I started in the San Diego sector in 1992 and it didn't matter how many agents we lined up," said Chief Patrol Agent Rodney Scott. "We could not make a measurable impact on the flow [of illegal immigrants] across the border. It wasn't until we installed barriers along the border that gave us the upper hand that we started to get control." 
Carla Provost, the chief of U.S. border patrol, stated "We already have many miles, over 600 miles of barrier along the border. I have been in locations where there was no barrier, and then I was there when we put it up. It certainly helps. It's not a be all end all. It's a part of a system. We need the technology, we need that infrastructure," she added.
On January 27, 2008, a Native American human rights delegation in the United States, which included Margo Tamez (Lipan Apache-Jumano Apache) and Teresa Leal (Opata-Mayo) reported the removal of the official International Boundary obelisks of 1848 by the U.S. Department of Homeland Security in the Las Mariposas, Sonora-Arizona sector of the Mexico–U.S. border. The obelisks were moved southward approximately 20 m (70 ft), onto the property of private landowners in Sonora, as part of the larger project of installing the 18-foot (5.5 m) steel barrier wall.
The proposed route for the border fence would divide the campus of the University of Texas at Brownsville into two parts, according to Antonio N. Zavaleta, a vice president of the university. There have been campus protests against the wall by students who feel it will harm their school. In August 2008, UT-Brownsville reached an agreement with the U.S. Department of Homeland Security for the university to construct a portion of the fence across and adjacent to its property. The final agreement, which was filed in federal court on Aug 5 and formally signed by the Texas Southmost College Board of Trustees later that day, ended all court proceedings between UTB/TSC and DHS. On August 20, 2008, the university sent out a request for bids for the construction of a 10-foot (3.0 m) high barrier that incorporates technology security for its segment of the border fence project. The southern perimeter of the UTB/TSC campus will be part of a laboratory for testing new security technology and infrastructure combinations. The border fence segment on the UTB campus was substantially completed by December 2008.
The SpaceX South Texas Launch Site was shown on a map of the Department of Homeland Security with the barrier cutting through the 50-acre facility (20 ha) in Boca Chica, Texas, on the Gulf of Mexico near Brownsville.
In the spring of 2007 more than 25 landowners, including a corporation and a school district, from Hidalgo and Starr County in Texas refused border fence surveys, which would determine what land was eligible for building on, as an act of protest.
In July 2008, Hidalgo County and Hidalgo County Drainage District No. 1 entered into an agreement with the U.S. Department of Homeland Security for the construction of a project that combines the border fence with a levee to control flooding along the Rio Grande. As of September 2008, construction of two of the Hidalgo County fence segments was under way, with five more segments scheduled to be built during the fall of 2008. The Hidalgo County section of the border fence was planned to constitute 22 miles (35 km) of combined fence and levee.
Santa Ana National Wildlife Refuge
On August 1, 2018, the chief of the Border Patrol's Rio Grande Valley sector indicated that although Starr County was his first priority for a wall, Hidalgo County's Santa Ana National Wildlife Refuge had been selected instead for initial construction, because its land was owned by the government.
National Butterfly Center
The proposed border wall has been described as a "death sentence" for the American National Butterfly Center, a privately operated outdoor butterfly conservatory that maintains a significant amount of land in Mexico. Filmmaker Krista Schlyer, part of an all-woman team creating a documentary film about the butterflies and the border wall, Ay Mariposa, estimates that construction would put "70 percent of the preserve habitat" on the Mexican side of the border. In addition to concerns about seizure of private property by the federal government, Center employees have also noted the local economic impact. The Center's director has stated that "environmental tourism contributes more than $450m to Hidalgo and Starr counties."
In early December 2018, a challenge to wall construction at the National Butterfly Center was rejected by the US Supreme Court. According to the San Antonio Express News, "the high court let stand an appeals ruling that lets the administration bypass 28 federal laws", including the Endangered Species Act, the Safe Drinking Water Act and the Native American Graves Protection and Repatriation Act.
In 2006, the Mexican government vigorously condemned the Secure Fence Act of 2006. Mexico has also urged the U.S. to alter its plans for expanded fences along their shared border, saying that it would damage the environment and harm wildlife.
In June 2007, it was announced that a section of the barrier had been mistakenly built from 1 to 6 feet (2 meters) inside Mexican territory. This will necessitate the section being moved at an estimated cost of over $3 million (U.S.).
In 2012, then presidential candidate of Mexico Enrique Peña Nieto was campaigning in Tijuana at the Playas de Monumental, less than 600 yards (550 m) from the U.S.–Mexico border adjacent to Border Field State Park. In one of his speeches he criticized the U.S. government for building the barriers, and asked for them to be removed, referencing Ronald Reagan's "Tear down this wall!" speech from Berlin in 1987.
Between 1994 and 2007, there were around 5,000 migrant deaths along the Mexico–United States border, according to a document created by the Human Rights National Commission of Mexico, also signed by the American Civil Liberties Union. Between 43 and 61 people died trying to cross the Sonoran Desert from October 2003 to May 2004; three times that of the same period the previous year. In October 2004 the Border Patrol announced that 325 people had died crossing the entire border during the previous 12 months. Between 1998 and 2004, 1,954 persons are officially reported to have died along the Mexico–U.S. border. Since 2004, the bodies of 1,086 migrants have been recovered in the southern Arizona desert.
U.S. Border Patrol Tucson Sector reported on October 15, 2008 that its agents were able to save 443 illegal immigrants from certain death after being abandoned by their smugglers, during FY 2008, while reducing the number of deaths by 17% from 202 in FY 2007 to 167 in FY 2008. Without the efforts of these agents, hundreds more could have died in the deserts of Arizona. According to the same sector, border enhancements like the wall have allowed the Tucson Sector agents to reduce the number of apprehensions at the borders by 16% compared with fiscal year 2007.
On 13 December 2018, US media reported that Jakelin Caal, a 7-year-old from Guatemala, had died while in custody of US Customs. The girl’s family denied she did not have enough food to eat before she died.
In April 2008, the Department of Homeland Security announced plans to waive more than 30 environmental and cultural laws to speed construction of the barrier. Despite claims from then Homeland Security Chief Michael Chertoff that the department would minimize the construction's impact on the environment, critics in Arizona, New Mexico, and Texas, asserted that the fence endangered species and fragile ecosystems along the Rio Grande. Environmentalists expressed concern about butterfly migration corridors and the future of species of local wildcats, the ocelot, the jaguarundi, and the jaguar.
U.S. Customs and Border Protection (CBP) conducted environmental reviews of each pedestrian and vehicle fence segment covered by the waiver, and published the results of this analysis in Environmental Stewardship Plans (ESPs). Although not required to by the waiver, CBP has conducted the same level of environmental analysis (in the ESPs) that would have been performed before the waiver (in the "normal" NEPA process) to evaluate potential impacts to sensitive resources in the areas where fence is being constructed.
ESPs completed by CBP contain extremely limited surveys of local wildlife. For example, the ESP for the border fence built in the Del Rio Sector included a single survey for wildlife completed in November 2007, and only "3 invertebrates, 1 reptile species, 2 amphibian species, 1 mammal species, and 21 bird species were recorded." The ESPs then dismiss the potential for most adverse effects on wildlife, based on sweeping generalizations and without any quantitative analysis of the risks posed by border barriers. Approximately 461 acres (187 ha) of vegetation will be cleared along the impact corridor. From the Rio Grande Valley ESP: "The impact corridor avoids known locations of individuals of Walker's manioc (Manihot walkerae) and Zapata bladderpod (Physaria thamnophila), but approaches several known locations of Texas ayenia (Ayenia limitaris). For this reason, impacts on federally listed plants are anticipated to be short-term, moderate, and adverse." This excerpt is typical of the ESPs in that the risk to endangered plants is deemed short-term without any quantitative population analysis.
By August 2008, more than 90% of the southern border in Arizona and New Mexico had been surveyed. In addition, 80% of the California-Mexico border has been surveyed.
About 100 species of plants and animals, many already endangered, are threatened by the wall, including the jaguar, ocelot, Sonoran pronghorn, Mexican wolf, a pygmy owl, the thick-billed parrot, and the Quino checkerspot butterfly. According to Scott Egan of Rice University, a wall can create a population bottleneck, increase inbreeding, and cut off natural migration routes and range expansion.
An initial 75-mile (121 km) wall for which U.S. funding has been requested on the nearly 2,000-mile (3,200 km) mile border would pass through the Tijuana Slough National Wildlife Refuge in California, the Santa Ana National Wildlife Refuge and Lower Rio Grande Valley National Wildlife Refuge in Texas, and Mexico's Cabeza Prieta National Wildlife Refuge and El Pinacate y Gran Desierto de Altar Biosphere Reserve, which is a UNESCO World Heritage Site that the U.S. is bound by global treaty to protect. The U.S. Customs and Border Protection (CBP) plans to build the wall using the Real ID Act to avoid the process of making environmental impact statements, a strategy devised by Michael Chertoff during the Bush administration. Reuters said, "The Real ID Act also allows the secretary of Homeland Security to exempt CBP from adhering to the Endangered Species Act", which would otherwise prohibit construction in a wildlife refuge.
- Mexico–United States border
- List of Mexico–United States border crossings
- United States Border Patrol interior checkpoints
- Build the Wall, Enforce the Law Act of 2018
- Roosevelt Reservation
- List of walls
- Open border
- Tortilla Wall
- Border barrier
- Separation barrier
- Guatemala–Mexico border
- Israeli West Bank barrier
- Egypt–Israel barrier
- Hungarian border barrier
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