DHS Files 14 Border Wall Lawsuits in Hidalgo, Starry Counties

Updated: Jan 31, 2008 05:21 PM PST


Reported by Victor Castillo

The U.S. Department of Homeland Security has filed two more rounds of border fence lawsuits.

Action 4 News has obtained copies of those lawsuits against several private land owners, but it also includes the City of Hidalgo and their Economic Development Corporation.

The courthouse action brings the total to at least 35 border wall lawsuits filed in the Rio Grande Valley.

The Hidalgo Pump House along the Rio Grande was completely restored and is open to the public as a museum right next to a new World Birding Center. "People come from all over the United States actually all over the world to bird, and to see the butterflies that are here in the Rio Grande Valley" said Kay Wolf, Hidalgo Pump House manager.

But this tourist destination located next to the Hidalgo International Bridge could be blocked off, if Homeland Security decides to construct a border fence on a levee located south of the pump house.

"At this point I'm uncertain exactly what's going to happen because I don't know yet what the plans are for here" said the pump house museum manager.

The U.S. government filed a lawsuit against the City of Hidalgo with intentions to conduct surveying, and investigatory work needed to plan the proposed construction of fencing, vehicle barriers and related structures to secure the country. That means having access to the Hidalgo Pump House and the World Birding Center where the city and the state has invested millions of dollars.

Back in December, Rio Grande Valley Sector Border Patrol Chief Ron D. Vitiello told Action 4 News illegal immigration is just one component of border security, that the fence will help increase the efficiency of their response.

While visiting the birding center Action 4 News cameras ran into a couple who had just crossed the river illegally. But it wasn't easy, because one of them was a pregnant lady.

Because of these illegal crossings and border security, the U.S. government has filed land condemnation lawsuits against nine Hidalgo County land owners and against three Starr County property owners.

Border Patrol Chief Ron Vitiello told Action 4 News the dialog with private landowners was going fairly well, and that he understood how controversial this may be. "Because people understand that the Secretary has the authority to do condemnation and waivers for environments but we've also have the instruction that we're going to go forward and have a dialog with folks, and we've reached out to most of the 406 separate land owners that are in the Valley."

But since everything is uncertain yet, Kay Wolf only hopes tourism to the Hidalgo Pump House and the World Birding Center does not get affected. "And however it works out, that it works out to the best for everybody."

DHS says the majority of land owners are willing to continue the dialog and willing to give them the right of entry to do the assessments so the they can make a final decision.


A court date has not been set for the new cases, but court records show federal officials have requested a prompt hearing on the matter.


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