Thread: Border fence opponents look to El Paso case to slow construc

Border fence opponents look to El Paso case to slow construction
By Brandi Grissom / Austin Bureau
Article Launched: 06/23/2008 04:00:19 PM MDT


AUSTIN - Border fence opponents are looking to an El Paso case to slow down construction of the barrier after the U.S. Supreme Court rejected environmental groups lawsuit Monday.
"We think our case that we filed is stronger," said El Paso County Attorney Jose Rodriguez.

The Supreme Court on Monday declined to hear a lawsuit Defenders of Wildlife and Sierra Club filed challenging U.S. Department of Homeland Security Secretary Michael Chertoff's use of waivers to circumvent laws that would impede construction of the border fence.

The department wants to build 670 miles of border fencing this year, and Chertoff has said he would use authority Congress gave him to waive more than 30 laws that could get in the way.

"We're obviously pleased that the Supreme Court has let the lower court's ruling stand," DHS spokeswoman Laura C. Keehner said in an e-mailed statement. "The American people expect this department to enforce the rule of law at the border."

The environmental groups argued the waivers violated the constitutional separation of powers between the administrative and legislative branches of government.

"The court's decision is definitely unfortunate," said Sierra Club spokesman Olive Bernstein.

But, he said the groups are looking to other avenues to slow down the fence, including the lawsuit El Paso County, the city of El Paso, Ysleta Del Sur Pueblo and others filed last month.

The lawsuit, filed in U.S. District Judge Frank Montalvo's court, is similar

to the environmental groups , arguing that Chertoff's use of waivers was unconstitutional.
Rodriguez said the waivers allow Chertoff to bypass federal, state and local laws that leave the county wondering which laws it can and cannot enforce.

"What the county wants is just for the federal government to observe the laws that apply to El Paso County, both federal, state and local laws, so that those protections in those laws are afforded to our community," Rodriguez said.

Tom Diamond, lawyer for the Ysleta Del Sure Pueblo, said the Tigua tribe joined the lawsuit because the fence would impede access to parts of the Rio Grande where they have conducted religious ceremonies for centuries.

Chertoff's waivers allow the department to bypass laws that protect sacred tribal land.

"We doubt they're going to carry this off in a way that is sensitive to our needs," Diamond said.

Because the Supreme Court issued a simple denial and did not rule on the issues involved in the case, Rodriguez and Diamond said, the case would not likely affect the local lawsuit.

Additionally, in the environmental groups case, the section of fencing in dispute had already been built in Arizona, and Chertoff used fewer waivers.

The local case, the lawyers said, involves a larger section of fencing that hasn't been constructed and the use of many more legal waivers.

"We're all confident we have a much broader case," Diamond said. "We think we have a better shot at it."

Brandi Grissom can be reached at bgrissom@elpasotimes.com; (512) 479-6606.

Tom Diamond, lawyer for the Ysleta Del Sure Pueblo, said the Tigua tribe joined the lawsuit because the fence would impede access to parts of the Rio Grande where they have conducted religious ceremonies for centuries.

Oh Pleeeeze! What next?? IMPEDE access??? It didnt' stay it would BLOCK access. It would "inconvenience" them apparently and they are grasping at straws. They don't want to IMPEDE or HINDER illegals crossing....that's the point!

Main Entry: im·pede
Pronunciation: \im-ˈpēd\
Function: transitive verb
Inflected Form(s): im·ped·ed; im·ped·ing
Etymology: Latin impedire, from in- + ped-, pes foot — more at foot
Date: circa 1595
: to interfere with or slow the progress of
synonyms see hinder