Back to the Table: Judge rules more negotiations needed between UTB-TSC, DHS
June 30, 2008 - 10:40PM
By Kevin Sieff, The Brownsville Herald
The U.S. Department of Homeland Security and the University of Texas at Brownsville and Texas Southmost College have more negotiating to do before the border fence is constructed on the university's campus.

On Monday afternoon, U.S. District Judge Andrew Hanen ruled against the federal government's claim that both parties had adequately discussed alternatives to the fence. Hanen set a July 31 deadline for further negotiations.

In early June, DHS representatives concluded that security needs could only be met with a physical barrier.

"I view the joint assessment differently than ya'll do," Hanen said. "It means sitting down in the same room...and trying to reach an accommodation. I don't think that has been done."

The judge issued his ruling after both federal and university attorneys rehashed the two parties' negotiations over the last several months. In March, a court order outlined the need for continued dialogue about alternatives to a fence.

UTB-TSC Attorney Mark Renfro said that DHS "cut off the discussion" before alternatives were addressed thoroughly. He also complained that the fence's proposed path would funnel criminal activity to the center of campus.

Daniel Hu, DHS' legal counsel, countered that a dialogue with the university had taken place. But because of a number of practical concerns - including a Dec. 31 deadline mandated by Congress - the fence was determined to be the only adequate security solution in what the U.S. Border Patrol has deemed a "high priority area."

Hu added that an 18-foot-tall removable fence, attached to a concrete base, could take the place of a permanent barricade.

Hanen resisted the government's inflexibility, citing the possibility that the fence could run along an older levee, south of the proposed trajectory on the university's golf course. DHS' current plan would leave 180 acres of the campus behind the fence.

"One of the problems we face," Hanen said, "is that the border fence isn't on the border."

Constructing the barrier closer to the Rio Grande, however, might violate a 1970 treaty with Mexico, which prevents either the U.S. or Mexico from influencing the river's water flow.

"There's a way to do this without offending or sacrificing our relationship with our friends across the river," Hanen said.

After the hearing, university officials and students welcomed a favorable, if not surprising, ruling.

"I must say that I'm very pleased with the decision that Judge Hanen has made today," UTB-TSC President Juliet V. Garcia said after the hearing. "He's taking the time to try to ensure that the law is respected."

But the ruling might be challenged before negotiations between UTB-TSC and DHS begin.

In a court document filed on June 25, DHS attorneys wrote that a condemnation lawsuit would be filed against the university "on or after July 1."

On Monday, Hanen was candid about the damage a fence could do if it is built on the university's campus, suggesting that the fence's builders might have to "skip a couple of miles and come back (to UTB-TSC) later."

"(UTB-TSC) has some pretty good athletes," he said. "But an 18-foot barrier is a hurdle even their own athletes can't clear."

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