In 1996 the United States Congress called for the construction of
triple layered fencing along the U.S. / Mexico border, beginning in the Pacific ocean and extending inland for 14 miles. This consisted of a primary fence, which was in fact a ten foot high wall made of welded steel, and a parallel fifteen foot high steel mesh fence. Between these was 50 feet of land cleared of all vegetation, a graded road, and floodlights. The Border Patrol also proposed filling in a deep canyon with more than 2 million cubic yards of earth. California’s Coastal Commission determined in 2004 that triple fencing would violate the federal Coastal Zone Management Act. Of particular concern were the damage that would be done to the Tijuana River National Estuarine Research Reserve; impacts on threatened and endangered species; and lands that had been set aside for protection. The Sierra Club and other environmental groups also challenged the triple fence under the National Environmental Policy Act. Construction came to a halt.
The U.S. Congress responded by passing the Real ID Act, which gave the Department of Homeland Security the power to waive all laws that might slow construction of a fence, and severely limited judicial review. Secretary of Homeland Security Michael Chertoff used his new power to
“waive in their entirety” the Coastal Zone Management Act, the National Environmental Policy Act, the Endangered Species Act, the Migratory Bird Treaty 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. The challenges brought by the California Coastal Commission and the Sierra Club were thrown out when the laws that they were based upon were waived. Construction of the walls resumed.
The Arizona wall and Sonoran Pronghorn
The Secure Fence Act of 2006 called for
“[at] least 2 layers of reinforced fencing” to cover up to 850 miles of the U.S. / Mexico border. One section will fence off most of Arizona’s southern border. It will cut through Organ Pipe Cactus National Monument, Cabeza Prieta National Monument, and other protected lands. Many
species that are found in Mexico and Central America have their northernmost ranges in the borderlands of southern Arizona.
Jaguar, which have been almost entirely exterminated in the United States, have been photographed there in recent years. Rare birds such as the
Cactus Ferruginous Pygmy Owl and the
Thick-billed Parrot live there. A small population of
Sonoran Pronghorn, the second-fastest land mammal in the world and able to run up to 60 miles per hour, moves between the Cabeza Prieta N.W.R., Organ Pipe Cactus N.M., and the Barry M. Goldwater Range. The Sonoran Pronghorn is listed under the Endangered Species Act. To allow for construction of border fencing through the Barry M. Goldwater Range on
January 19, 2007 Secretary Chertoff waived the Endangered Species Act and a host of other federal laws. The Army Corps of Engineers then began construction of a 15 foot high wall made of rusted steel slabs.
Border walls coming to Texas