Thread: TX: Eagle Pass sued by government over fence issue

Jan. 14, 2008, 10:07PM
Eagle Pass sued by government over fence issue


By SUZANNE GAMBOA Associated Press Writer
© 2008 The Associated Press

WASHINGTON — The federal government sued Monday to get on land owned by a Texas city whose mayor has been highly critical of a planned U.S-Mexico border fence.

The lawsuit was filed by U.S. Attorney Johnny Sutton against the city of Eagle Pass, Texas, said Justice Department spokesman Andrew Ames. The city's mayor is Chad Foster, who serves as chairman of the Texas Border Coalition.

"The first battle of the Texas Revolution was in Gonzales, Texas ... Gonzales posted a flag that said 'Come and Take It.' ... We ain't rolling over," Foster said after hearing of the lawsuit.

The coalition, consisting of several border mayors, business officials and residents, has been fighting the Homeland Security Department's border fence construction plans.

Members have alleged the agency has failed to sufficiently consider concerns about the effects on the environment, residents' property and the binational way of life along the border and ignored local officials' suggestions for alternatives.

"Interior members of the U.S. think this is something new. The Texas border has been fighting illegal activity on the border for generations," Foster said. "As we speak today we have camera towers on the river, sensors on the river and border patrols patrolling the river."

The lawsuit against Eagle Pass is the first in an expected 102 lawsuits that are planned to be filed in the escalating fight over a border fence.

Ames said he did not have a copy of the lawsuit.

The Homeland Security Department had warned private landowners in Texas, California and New Mexico last month it would sue if it was not given access to their property. The agency has said it needs the access to find the best places to build the fence or to set up other border security.

Some have granted access, but several landowners ignored the warning. Some have threatened their own legal action.

"We have been and continue to be absolutely clear about our commitment to border security," said Laura Keehner, a spokeswoman for the Department of Homeland Security. She said the lawsuit was a step in the agency's efforts to get access to the land to determine were a fence might be needed.

"There should be no ambiguity about our intention to deliver on what the American public rightly expects — secure borders," she said.

The Homeland Security Department is trying to build 370 miles of border fence by the end of the year. A total of 700 miles of fence was mandated by a 2006 law signed by President Bush and supported by both Texas' U.S. senators.

The senators have lobbied for the Homeland Security Department to allow more input from local officials and Sen. Kay Bailey Hutchison, R-Texas, softened the law's language in a bill signed by Bush last month. Rep. Ciro Rodriguez, D-San Antonio, inserted a provision requiring the consultation before money for the fence could be spent. A large share of Rodriguez's district is on the border.

But the Homeland Security Department said the changes do not affect its plans.

The federal government has said the fence along the southern border is meant to help control illegal immigration and keep criminals and terrorists out of the country.

http://www.chron.com/disp/story.mpl/ap/tx/5454386.html

Court tells Texas city to yield land for border fence
Posted 5h 25m ago


WASHINGTON (AP) — A federal judge has ordered a small border city in Texas to temporarily turn over its land to the federal government so it can begin to build a border fence.
U.S. District Judge Alia Moses Ludlum ordered the city of Eagle Pass, on the border about 100 miles southwest of San Antonio, to "surrender" 233 acres of city-owned land. The Justice Department sued the city for access to the land.

The Homeland Security Department is trying to build 370 miles of border fence by the end of the year. A law signed by President Bush and supported by both of Texas' U.S. senators mandated a total of 700 miles of fence along the border. The government had warned the city, which opposes the fence, it would sue under eminent domain laws to secure access to the property, declaring it is "taking" the property for 180 days.

The judge's order, issued Monday in the Texas Western District Court, Del Rio division, said the United States, the plaintiff, is entitled to possession or control of the property as requested.

"Well, that seems a little heavy handed," Eagle Pass Mayor Chad Foster said Wednesday in an interview with The Associated Press.

FIND MORE STORIES IN: Texas | Justice Department | Mayor | Homeland Security Department | Foster | Eagle Pass
Foster is the head of the Texas Border Coalition, a group of border mayors, city officials and business leaders who opposed Homeland Security's border fence plans and have complained that they haven't had enough input on the effects of the fence on their communities.

Ludlum ordered the property to be surrendered by Tuesday. Foster said the city of about 25,000 was served with papers from the lawsuit Tuesday and officials were busy with a council meeting and other matters and hadn't completely reviewed the documents.

The Justice Department is expected to file 102 lawsuits against landowners for access to property the Border Patrol and Army Corps of Engineers want to survey to decide where to put border fencing or other barriers.

Several landowners have given the government access to their land, including some who oppose the fence. But many others in Texas, Arizona and California have refused, prompting the lawsuits.


http://www.usatoday.com/news/nation/200 ... pass_N.htm

The city's mayor is Chad Foster, who serves as chairman of the Texas Border Coalition.

These are the guys that are going to be given the money the Texas State Legislature just allotted for "border security". Gov. Rick Perry went on and on during his campaign for governor about how he obtained funds to secure the border and this is one of the clowns that he is consulting and placed in charge.

Can you say, conflict of interest?

The Texas Border Coalition is part of the SPP. They don't want the fence, security or to stop illegal aliens.

Our Mission
To make recommendations to the Texas Legislature to help the entire Texas-Mexico border region to continue to grow and prosper economically. To that end, the TBC will work to:

Make the flow of goods and products between Texas-Mexico as efficient as possible by advocating for the necessary funding needed in the border region.

Texas taxpayers are expected to fund Mexico projects?

http://www.texasbordercoalition.org/ind ... Itemid=120