Homeland Security Builds Fence to Enforce Law; Waives Law to Build Fence


border%20fence.jpg

A month ago, Julia Whitty wrote that the government might be moving towards a saner approach to the border fence—environmentally speaking, anyway. Yesterday’s news was not so sunny (and not so sane): the Department of Homeland Security announced that it will waive a host of federal environmental regulations in order to complete nearly 700 miles of border fence by the end of the year.

DHS insists that “the department remains deeply committed to environmental responsibility, and will continue to work closely with the Department of Interior and other federal and state resources management agencies to ensure impacts to the environment, wildlife, and cultural and historic artifacts are analyzed and minimized.” Hard to see how they can possibly argue this when they plan to ignore the National Environmental Policy Act, the Endangered Species Act, the Clean Water Act, the National Historic Preservation Act, the Migratory Bird Treaty Act, the Safe Drinking Water Act, the Clean Air Act, and 28 other pieces of legislation whose scope includes everything from desert protection to Native American rights.

I wish I could say that this will be a tough sell, especially in those border communities already chafing at the government’s heavy hand. But, sadly, it won’t, because they don’t have to sell it at all. The Department’s authority comes directly from Congress, which amended a section of a 1996 law to allow the head of Homeland Security to waive regulations at his sole discretion. In short, legislators are so determined to build a fence that they’ll ignore the ongoing, unified opposition of local leaders and environmental groups, and flout the law in order to enforce it.

Update: In the “nothing money can’t buy” department, The Texas Observer reports that the fence will skip property owned by a major Bush donor.

—Casey Miner

Photo used under a Creative Commons license from Flickr user jcarter.

OUR NEW CORRUPTION PROJECT

The more we thought about how MoJo's journalism can have the most impact heading into the 2020 election, the more we realized that so many of today's stories come down to corruption: democracy and the rule of law being undermined by the wealthy and powerful for their own gain.

So we're launching a new Mother Jones Corruption Project to do deep, time-intensive reporting on systemic corruption. We aim to hire, build a team, and give them the time and space needed to understand how we got here and how we might get out. We'll publish what we find as a major series in the summer of 2020, including a special issue of our magazine, a dedicated online portal, and video and podcast series so it doesn't get lost in the daily deluge of breaking news.

It's unlike anything we've done before and we've got seed funding to get started, but we're asking readers to help crowdfund this new beat with an additional $500,000 so we can go even bigger. You can read why we're taking this approach and what we want to accomplish in "Corruption Isn't Just Another Scandal. It's the Rot Beneath All of Them," and if you like how it sounds, please help fund it with a tax-deductible donation today.

We Recommend

Latest

Sign up for our newsletters

Subscribe and we'll send Mother Jones straight to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate