Environmental Laws, Border Fence, and Presidential Candidates
“Just think about the Congress and the Senate and even the president. The genius of the American system is not freedom; the genius of the American system is checks and balances. Nobody gets all the power. Everybody is watching everybody else.” - Donald Miller, Blue Like Jazz
Checks and balances are important no matter what the pursuit, goal or endeavor. The US-Mexico border fence is no exception, however various reports have stated the Department of Homeland Security Secretary, Michael Chertoff has been given the authority to move ahead hastily with the U.S.-Mexico border fence and override multiple public health, cultural heritage and environmental laws in the process. According to an April 2008 article by Mike Lillis posted on The Washington Independent, the Bush administration has “waived” these laws in order to proceed with the fence.
Why discuss this again? This may seem like old news however, on Friday, July 11th Ofelia Rivas, a representative of the Tohono O’odham Nation spoke in Washington D.C. about her nation of 24,000 people living on 2.8 million acres of land that crosses the U.S.-Mexican border. She spoke of the Tohono O’odham people experiencing an increased military force on their lands, in addition to other disruptions to their daily life. She also spoke of environmental concerns, the plants and animals that are being affected by the fence. Ms. Rivas stated:
“By restricting the mobility of the O’odham people, the wall prevents the free practice of their religion and their cultural traditions. Further, rights granted by the United Nations Universal Declaration of Human Rights, the Declaration of Human Rights for Indigenous Peoples, and the American Declaration of the Rights and Duties of Man are also being ignored due to a waiver issued by the Department of Homeland Security. Under this document, the president claims the power to waive any and all environmental and federal Indian laws in order to build the wall in the name of national security,”
Several environmental concerns with the building of this fence are listed by Moscow News in a June 26th article. If the fence is completed as planned, the Audubon Society will have to close its Sabal Palm Audubon Center. The center is located near Brownsville and would be completely in “no man’s land” north of the Rio Grande behind the fence. The same report also tells of the Nature Conservancy’s Lennox Foundation Southmost Preserve and the Lower Rio Grande Valley National Wildlife Refuge. Both biologically diverse ecosystems that will be negatively impacted by the border fence.
In our politically charged presidential election year, it appears that this is not a hot topic for our top two contenders. According to OnTheIssues.org both John McCain and Barak Obama voted yes, in favor of building the fence in 2006. In searching John McCain’s web site he does not directly address the border fence currently being built. He does state he believes in a strong border however the fence itself is not addressed. Barack Obama does state on his web site that he does support more infrastructure, personnel and technology on the border.
As we continue to discuss energy independence, debate drilling for domestic oil, explore alternative energy sources and ask our prospective leaders what their economic plans may be…should we also pay attention to a fence that is being rapidly built at the cost of disrupting a peaceful people, harming ecosystems and the alarming reality that a governmental department has been given the authority to run with no checks and balances?
Related Posts:
- Feds Waive Environmental Rules for New Border Fence
- US Border Fence An Environmental Mistake in the Making
- Federal Judge Blocks Uranium Mining Near Grand Canyon
Photo Credit: soldiersmediacenter via flickr creative commons liscense









In announcing the Real ID waivers Secretary Chertoff said, “Criminal activity at the border does not stop for endless debate or protracted litigation.” The waivers are essentially an admission that the border wall will itself violate up to 36 federal laws, making construction of the wall a criminal act. If Chertoff is genuinely concerned with criminal activity he should ensure that the agency that he oversees complies with the law.
The only reason for Secretary Chertoff to waive these laws is because he knows that the border wall will violate them. In setting these 36 federal laws aside Secretary Chertoff sets himself above the law. If congress allows unchecked power to remain in the hands of an unelected administration appointee they are complicit in fundamentally undermining the rule of law. Leaving the Real ID Act on the books and allowing Chertoff’s waivers to stand sets a precedent that should outrage the American people. If our nation’s laws can be set aside to build a border wall today, they may be similarly set aside for whatever crisis politicians discover in the next election cycle