Court Says Border Fence May Proceed
By Mark Impomeni
Jun 23rd 2008 6:30PM

The Supreme Court gave illegal immigration opponents and the Bush Administration a key victory today when it rejected a case brought by environmental groups challenging the construction of a section of the new border fence with Mexico. The case challenged the government's right to waive environmental requirements in the construction of a two-mile stretch of the fence near Naco, Arizona. Environmental groups said that the fence jeopardized endangered species that cross the border in the area to mate.

Last year, Homeland Security Secretary Michael Chertoff utilized his power to waive the regulations, under an authorization in the Real ID Act of 2005, to allow the construction of the fence to continue on its rapid pace. About 331 miles of fencing have been constructed in California, Arizona, New Mexico, and Texas, including the disputed two-mile section. Chertoff has used the waiver authority a total of three times, including once to waive seven separate federal regulations for a section of the fence near San Diego, CA. The Department of Homeland Security issued a statement praising the decision.

"As fence construction proceeds, the department will continue to be a good steward of the environment, and consult with appropriate state, local, and tribal officials."
Critics of the department and the border fence said that the decision and the fence would ultimately have no impact on the illegal immigration problem. "I am extremely disappointed in the court's decision," said Rep. Bennie Thompson (D-MS), Chairman of the House Homeland Security Committee. "Without a comprehensive plan, this fence is just another quick fix."

But the American people do not support a comprehensive approach to immigration reform, as the failure of the 2006 Senate immigration compromise demonstrated. Americans support enforcement of the border first, and may be willing to revisit the nation's immigration system after some control over the flow of illegal immigrants has been established. Today's decision by the Court will be embraced by a majority of the population not only as upholding the law as passed by Congress, but as a common sense approach to a growing problem.
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