El Paso County to join lawsuits challenging border fence
By Erica Molina Johnson / El Paso Times
Article Launched: 05/27/2008 12:05:22 PM MDT


The County of El Paso decided during a special Commissioners Court meeting Tuesday to join two lawsuits against the federal government regarding the construction of a border fence between the United States and Mexico.
The court voted 4-1 to join both of the lawsuits, with Commissioner Dan Haggerty voting against their participation.

The county will now become a party to a class-action lawsuit filed by the Texas Border Coalition, which alleges the federal government has violated the constitutional rights of border communities and landowners, as well as federal law, County Attorney Jose Rodriguez said.

He said the lawsuit alleges the government has not negotiated properly with landowners for a price for land that will be used to construct the fence or related roads. It also alleges the Department of Homeland Security has not consulted with border communities and property owners about the location of the fence and any adverse impacts on the environment, economic development and historical and cultural considerations.

The county also voted to become part of a lawsuit that will be filed later this week that questions whether the waiver authority issued by Congress to the Secretary of Homeland Security is so broad that it violates the constitution. More than 30 laws have been waived to allow the construction of the fence to move forward.

The court said its participation in the lawsuits is not an opinion on whether the fence should be constructed, but a request
that the federal government follow laws in the same manner that everyone else is required.





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