The Legal Outlook on the Border Wall

    The Rendon family owns a small house in the tiny border community of Granjeno. The matriarch of the family remembers the 30 years her husband worked on the levees just behind their house. She motions with her hand, pointing over the head of her daughter. “But they haven’t done anything on the levees since he died. The real thing we’re scared about is flooding, not immigrants.”

    The families grouped around the Los Ebanos ferry have no idea when or where the government surveyors might becoming. This community, formed around the only hand-pulled ferry on any international border of the U.S., is pulling together in hopes of legally opposing a wall which would cut through the land of families like Daniel Garza, a retired migrant worker who would see his home cut in half. As the Texas Observer article “Holes in the Wall” stated on February 22, 2008, “I don’t see why they have to destroy my home, my land, and let the wall end there.” He points across the street to Hunt’s land. “How will that stop illegal immigration?” (http://www.texasobserver.org/article.php?aid=2688)

    These same questions are being asked all over the Rio Grande Valley “sector” of the proposed implementation of the Secure Fence Act of 2006. Landowner 72-year-old UTB Professor Eloisa Tamez started the fight against the federal government with her 2-month court case argued by the famous lawyer Peter Shey. While not a complete victory, Judge Hanen’s ruling on her case did stipulate that further “land grabs” would have to be adequately negotiated with residents. (http://www.thenation.com/doc/20080324/story)

    This past Monday, several more concerned parties from Hidalgo and Starr Counties went to court, including the Rio Grande City school district and Hidalgo Economic Development Corp. The way their court cases are settled could prove a turning point in the public’s opposition to a patchy 370-mile border wall proposal in southern Texas. (http://www.brownsvilleherald.com/news/hidalgo_85227___article.html/border_fence.html)

    Brought to light by the Texas Observer and personal conversations with landowners, the injustice of the Secure Fence Act of 2006 seems to grow by the day. Clearly, lawmakers cannot believe that this $49 billion dollar wall will stop immigration, drug smuggling, or terrorism, since they are not campaigning for a complete wall. In every single public statement, their aim has been to deter these three issues; however, $49 billion could be spent on much more positive deterrents.

        The injustice of this legislation is compounded when one walks from Ranchito to Brownsville past the Riverbend Resort, only to discover that this golf-course community has no wall planned in its future. The injustice becomes obscene when one goes to the official Environmental Impact Statement release event to find that the English version is the size of a 600-page phone book while the Spanish version, the native language of most border residents of the Rio Grande Valley, is under 100 pages and without any pull-out maps. Further injustice can be seen in the government “waivers” which have proliferated in the past weeks. Some residents of El Calaboz were given blank documents to sign which gave complete government access to their land. Additionally, groups like the Mennonite Brethren Church, which was on the docket to be sued this past January 31, did not go through the proper chain of command when some concerned parishioners met with government agents and “fixed the problem” by granting unconditional access to their land.

    Our nation’s conscience must wake to the fact that injustice is being done on our very nation’s borderlands. Our dispute is not with the Riverbend Resorts or the Hunt family’s Sharyland Plantations which curiously escape the Secure Fence Act – no, our case must be with a government which would cease the homes of the poor, take advantage of the disenfranchised, irrevocably mar the environmental lands it has spent millions of dollars preserving, and consign the poorest counties and poorest cities in these United States to the bleak economic future of a wall. Please meet this system of injustice with the full force of love – please write your senator and congressman about working toward a moratorium on or an end to the Secure Fence Act of 2006. Here in Texas, both Senators John Cornyn and Kay Bailey Hutchison voted for the border wall, and Representative Henry Bonilla. For a complete listing to see how your elected officials voted on this act, please visit the Washington Post at: http://projects.washingtonpost.com/congress/109/house/2/votes/446/ Do not wait for this next batch of court cases to be decided – do something now. We are the ones we have been waiting for.

Tags: border wall, borderlands, Brownsville Herald, Daniel Garza, EIS, El Calaboz, Eloisa Tamez, english, Environmental Impact Statement, Granjeno, Hanen, Henry Bonilla, Hidalgo County, Hidalgo Economic Development Corp., Hunt, immigrants, immigration, injustice, John Cornyn, Judge Hanen, Kay Bailey Hutchison, levee, levee-wall comrpomise, Los Ebanos Ferry, Mennonite Brethren, muro, Peter Shey, Ranchito, Rendon, Rio Grande City school, Rio Grande Valley, Riverbend Resort, Secure Fence Act 2006, Sharyland Plantation, Spanish, Starr County, Texas, Texas Observer, U.S., United states, UTB, waivers, wall, Washington Post