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.

No Border Wall Walk- Day 9 or Triumphant Entry

    2,000 years ago, a young man came into a Middle-Eastern city astride a donkey. He came bringing a message of peace, of unity, of nonviolence, and la gente responded by laying palm branches in his path and crying “Hosanna! Glory to God in the Highest! Peace on Earth!” His death and suffering five days later, and his resurrection a week later, spurred a nonviolent campaign of peace and social justice which continues to shape the world.

    The timing of this No Border Wall Walk, then, concluded on the perfect day. Its timing had been fortuitous thus far, overlapping the groundbreaking Selma to Montgomery March that was a pivotal moment in the civil rights movement. But no amount of planning could have made it possible to march into downtown Brownsville on Palm Sunday, holding palm branches along with signs of “No Wall Between Amigos,” singing hymns and songs like “Don’t gimme no walls, no walls, just gimme that peace, ah, that frontera Peace.” Since the Bible speaks out so clearly on the side of the immigrant, and because Jesus’ own family was forced to be refugees for several years, this miraculous “coincidence” must have been more than that – we felt a pervading love for all humanity as we marched and sang down Central Boulevard and Elizabeth Street.

 

    Many people were confused as we marched down main street, as they must have been in Jesus’ day as well. Our joy might have seem misplaced amidst all the tension and frustration and indignation generated by a wall which would be built but a few blocks south of our route. The abundant optimism of the 50 marchers might have seemed naïve to people resigned to cynicism regarding the United State government’s willingness to hear its people on its borderlands. And just as in Jesus’ time, perhaps some didn’t join us because they had lost faith in the power of nonviolence to create change for the good for good.

    But that didn’t stop our march as it concluded in Brownsville, nor did it stop any of the more than 300 people who joined their feet and their hearts with our march over the past nine days. Marching slowly through town, past the ropas usadas and the thousands of Mexican shoppers visiting on Laser visas which are being threatened by the restrictive immigration laws on the coattails of the Secure Fence Act of 2006, we stopped periodically to dance and encourage those people to raise their voices with our own. Waving palm branches and our hoarse voices to the historic downtown facades, we were jubilant, because an idea whose time has come is the most powerful force known to man, and we were all raising our voices in a cause for which we had sacrificed and will continue to sacrifice.

 

    After marching some 126 miles over nine days, and after meeting thousands of people and broadcasting the message of this beautiful borderland and this Valley’s families, we arrived only 15 minutes….early. We were strengthened by churches like Church of the Advent Episcopal Church in Brownsville, who provided lunch for our cause. We were also strengthened by all three Methodist congregations in town, who gave us water for our weary voices and a seat to rest our feet before the final push into town. Yes, as we came into this city on the border by the sea, with a police escort of 5-6 cars at any given time, the overwhelming support for this march and its cause was made plainly evident. Every person of faith, every congregation, every politician, and virtually every organization in this border region is united against the invasion of a border wall and the backwards thinking it embodies. The message of this march can be summed up in two phrases – We are not alone, and Si se puede! (Yes we can!). Milling around in Hope Park, waiting our triumphant entry into the No Border Wall Rally in front of Jacob Brown Auditorium at of UT-Brownsville, I was overwhelmed with the divine Providence which had protected each and every marcher AND had made every phrase coming out of our mouths one of nonviolence not bitterness, one of hope and not cynicism, one of positive change and not discouraging negativity.

 

    Yes, standing on a truck trailer “rostrum” in front of hundreds of like-minded individuals, I was a proud man. One of my freshman students had walked 4 of the nine days, and four of my other students had helped organize the rally and man the food booth. I was overwhelmed to have been part of a statement of faith and purpose coming out of this Valley, one which is now echoing throughout the United States into Mexico, Canada, and hopefully throughout the world. The speech I gave was an attempt to encapsulate that hope for harmony and our need to continue campaigning for immigrant justice.

 

Our walk began at the birding bluffs of Roma, a national treasure that would be severed by the Secure Fence Act of 2006. As we walked this historic downtown, we began to see all the history that would be “history” if an 18-foot border wall were to cut a wide swathe through southern Texas. And our moral indignation was aroused, but we didn’t stop there…

And after being refreshed at Immaculate Conception Church in Rio Grande City, we set off once more with a full police escort. It is not often that a political protest enjoys the support of police officers and poets, faith leaders and public officials, mayors and manual laborers, Republicans and Democrats, but we began to see in the hundreds of honks and thousands of thankful smiles that the entire border region is unified agaisnt the invasion of a border wall. But we didn’t stop in Rio Grande City either…

And we stopped at Holy Family Catholic Church in La Grulla, a tiny town the border wall might not affect immediately. We were reminded that the entire border region is interconnected. As our mentor Martin Luther King, Jr. stated, “Injustice anywhere is a threat to justice everywhere,” and because of this “inescapable network of mutuality,” La Grulla residents must speak out if their neighbors are threatened with a border wall. We must not fall into the trap of dividing ourselves on this crucial issue. I have heard some cynically suggest a wall in Canada, but how can we hold the moral high ground if we would wish this blight, this evil upon any other community near or far? Despite the fact that La Grulla has no planned wall as of yet, six little girls aged 10.5 to 16 marched 14 miles with us to let other little boys and other little girls know they cared and would not be silent. And we were all empowered by their youthful audacity, but we wouldn’t halt there…

No, we kept on marching past Our Lady Queen of Angels Church in La Joya, where we were joined by members of the Lipan Apache tribe and by a Brownsville high-school student of mine. Yes, we stood in awe of the only man-powered ferry on our international borders, and we realized that all America – South, Central, and North – must use our hands to connect humanity and reach across barriers, rather than thicken divisions and entrench misunderstanding. Yes, we marched right on to Father Roy and the historic La Lomita Chapel, and we swam, swam in that river that brings nations together instead of dividing them. But we would stop there…

No, we kept on marching through the tiny community of Granjeno, which has agreed to face bulldozers and prison in nonviolent civil disobedience, should it come to that. Yes, we marched and our voice was strengthened by 75 other college students from all across the United States. Their youth invigorated us, and we had a powerful rally in Pharr, but we wouldn’t stop there…

No, our pilgrimage continued through “the valley of the shadow of the wall,” past rows of onions and undocumented workers, past pristine palm groves and flocks of fascinating birds on wing. We were reminded of the men and women for whom we march and the place we hope to preserve. We were reminded that God did not create this world with walls or divisions. We walked along Highway 83 and 281 to nonviolently protest the border wall and encourage this law’s many victims. In return, we were given hope and happiness from the beauty of the Valley. But even after those 17 miles of blacktop, we still wouldn’t stop…

No, we kept right on walking from Holy Spirit Catholic Church in Progreso to Sacred Heart Church in Las Rusias. We were welcomed by women of faith, who followed the command from Leviticus 19:34 to treat the immigrant the same as a resident. “The stranger who sojourns with you shall be as the native among you, and you shall love the stranger as yourself; for you were strangers in the land of Egypt.” Yes, in the loving eyes of women like Nenna and Alma, you could tell they recognized the very image of God in every single one of us. Surely they would see the face of God in any immigrant who came to their door as well. Yes, they welcomed us with songs like “Junto Como Hermanos,” and we were treated just like brothers and sisters by this border town. If it’s one thing we’ve learned about these border town in way of the wall, it is that they are welcoming and warm. And even though it may be as hot as a human heart out here, that is precisely the organ we are aiming at as we highlight the homes and humanity of la frontera. But no matter how welcome we felt, we would not be stopped there…

No, His Truth is Marching on, and so we followed Jesus’ call to be a “voice for the voiceless.” It led us along the levee to Ranchito and El Calaboz, the home of 72-year old Professor Eloisa Tamez who is resisting the federal government’s attempts to take her land. We stood with her in solidarity at San Ignacio Iglesia in Ranchito, and we all supported her justified opposition to a government which would allocate her lands and erase her way of life. We were overwhelmed by the beauty of this border town, too, with its Beloved Community and its emphasis on faith and family, but we wouldn’t stop there…

No, we walked right on in to Brownsville, down Military Highway to end the militarization of our nation’s borders. We were fed by Church of the Advent Episcopal Church here in Brownsville, as well as the Methodist Churches, just some of the dozens of congregations and organizations who physically supported our weary bodies on this March Against the Wall this March. It felt good to dance in the streets singing songs like, “No Al Muro, La Frontera Cuenta” and “We don’t need no border wall, we love people one and all,” as we approached this city on the border by the sea. We were overjoyed to be bound for this rall tonight where so many people are united together around a common purpose on this Palm Sunday of peace. But we won’t stop here…

No, so long as my students lack hope-giving legislation like the Dream Act, we will not stop marching.

So long as students getting A’s in my English classes and A’s in their Spanish classes are denied the right to attend our nation’s universities, universities they deserve to attend because of their academics, we will not be stopped.

As long as our immigration laws continue to separate families and discriminate based on quotas of national origin, we will not be silent.

So long as extralegal residents in these United States are not treated with dignity and not given a means to earned citizenship, we will not have arrived.

No, as long as more than 12 million people are criminalized by unresponsive immigration laws and the only piece of immigration law we can come up with in the last two years is the Secure Fence Act of 2006, we will not be stopped.

And so long as our government plans to build a border wall not through barren wasteland but through backyards and not through desert but downtowns, we weill march on…

We mustn’t stop because we believe that people are innately good and that this nation has a conscience. It is this conscience which Jesus pricked on Palm Sunday 2,000 years ago and which Dr. King touched 43 years ago on his famous Selma to Montgomery March. Yes, we believe all people are created good, and so if unjust laws are supported by the people, it must be because of misinformation or miseducation. The purpose of this nine-day, 126-mile sacrifice is to educate the nation about the issues of all borders and all immigrants.

We urge politicians to vote for bills like the Grijalva Bill and against bills like the Finish the Fence by Date Certain Bill. We beseech the people of these United States to appeal for a moratorium on the Secure Fence Act of 2006, so we can begin discussing the need and consequences of such a negative symbol as a wall.

People of faith, Border Patrol officers, government officials, students, teachers, moms, dads, sons, and daughters – we urge you to join us on this march against the wall and for our immigrants and borders. We will not be stopped.

And yes, “Soon we’ll reach the shining river,

Soon our pilgrimage will cease,

Soon our happy hearts will quiver

With the melody of Peace…

And yes we’ll gather at the river,

the beautiful the beautiful river,

Gather with the saints at this river,

that flows by the throne of God…”

http://www.brownsvilleherald.com/news/walk_85224___article.html/ground_protesters.html

http://www.facebook.com/video/video.php?v=615257032897

No Border Wall Walk- Day 8

Today began with chorizo and eggs, huevos con papas, and pan dulce sweetbreads. The eight church women who initially welcomed us to Sacred Heart Catholic Church in Las Rusias with tambourines and noisemakers were all there to see us off this morning in style. Everything was delicious, and it felt just like having 8 grandmothers as they watched us eat with sheer delight.

After our hearty breakfast, we went into the church and discussed nonviolence and immigration under the watch of the crucifix and the palm branches for Palm Sunday. These Catholic women, like almost every other denomination, firmly believed in loving humanity regardless of definitions or distinctions. They nodded and added their affirmation to our discussion. We left singing “Juntos Como Hermanos,” and we did leave with a sense of brotherhood and togetherness. Looking back at the church, all those women were still out front, still singing, still waving to us.

It was a great way to begin Day 8, and this send-off made today’s 10-mile walk go even faster than expected. Our four new recruits all sped up our beleaguered pace, and so we made it to the next church, San Ignacio Iglesia in Ranchito, at the early hour of 1:00. I came in holding the sign of the Virgin saying, “I was a stranger and you welcomed me;” how fitting as we received yet another warm welcome from this parish, despite the fact that we were five hours early.

After a lunch of watermelons and cantaloupe, a few of us ventured into the local communities. The levee runs close to the road here, and hundreds of houses have yards adjutting the levee where the wall is proposed. It was encouraging to engage in this, the pragmatic aspect of this No Border Wall Walk. We got to discuss legal options with local residents, many of whom didn’t know their rights or even that an eighteen-foot wall was intended to be built directly behind their lot. If our visit inspires even one of them to oppose the federal government or encourages even a singly family to refuse to sign away their property rights, this walk will have been more than worthwhile.

We returned to San Ignacio for a delicious dinner of chicken mole. Local resident and UTB Professor Eloisa Tamez said the prayer for us in this, her home church. Eloisa, looking all of 55 despite her 72 years, has partnered with Peter Schey and is continuing to fight the federal government’s attempts to survey and use her land for the building of a border wall. Her story has inspired the community and the entire border region to stand up for what is right, regardless of how indomitable the opposition may seem.

Thinking about this sleepy town and its national importance at this precise moment, it is clear that there are several different reactions to conflict. Each border community has had people respond in various ways and with varying degrees of success. As Dr. King laid out in his speech, “Loving Your Enemies,” there are three ways to respond to oppression and resistance. One is violence, though “[v]iolence creates many more problems than it solves…and unborn generations will be the recipients of a long and desolate night of bitterness, and our chief legacy to the future will be an endless reign of meaningless chaos.” No, violence in words or deeds cannot be the way, because we seek not a negative peace, or merely the absence of a wall – no, we desire a positive peace, the presence of something greater than a wall such as immigration reform and real security measures in our ports and airports.

In the towns of Ranchito and El Calaboz, many residents have chosen the second response to opposition of which Dr. King speaks. King states that acquiescence is evil as well, “because non-cooperation with evil is as much a moral obligation as is cooperation with good.” The Catholic churches which have housed us this past week classify sins in two categories – sins of commission and sins of omission. Acquiescence is ultimately the sin of omission, because, “for him who knows the good that he ought to do, and does not do it, to him it is sin.” Simply being silent or choosing not to act on personal principles because of fear is to aid and abet the side of wrong.

But there is one last way, the way of Eloisa Tamez and this 126-mile sacrifice from Roma to Brownsville. Martin Luther King said that nonviolence was the only way to create lasting, positive change that would ultimately benefit both the oppressed and the oppressor. Nonviolence is the only strategy which can bring about true love and peace, because the ends are preexistent in the means. King states that, “love is the only creative, redemptive, transforming power in the universe.”

It is this force we have sought to channel this week through a sustained, nonviolent demonstration through communities bracing for the effects of the Secure Fence Act of 2006. As it stands now, the border wall is federal law, and so to counter this legislation, we must begin to change the hearts of the constituents who voted in politicians who would espouse such an atrocity on our southern border. We must positively and nonviolently educate our brothers and sisters here and throughout the United States. We must appeal to that conscience with which our Creator endowed all of us. May God continue the work he has begun this week in the Valley and the ripples of morality that have pulsated out across the waves of media. His truth is marching on, and may it bring justice and education and action to this pressing issue.