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| President George Bush Signs Secure Fence Act |
On September 29, 2006, by a vote of 80–19 the U.S. Senate confirmed H.R. 6061 authorizing, and partially funding the “possible” construction of 700 miles (1,125 km) of physical fence/barriers along the border.
The very broad support implied that many assurances were made by the Administration – to the Democrats, Mexico, and the pro “Comprehensive immigration reform” minority among Republicans – that Homeland Security would proceed very cautiously. Secretary of Homeland Security Michael Chertoff, announced that an eight-month test of the virtual fence he favored would precede any construction of a physical barrier.
On October 26, 2006, President George W. Bush signed H.R. 6061 which was voted upon and passed by the 109th Congress of the United States.[16] The signing of the bill came right after a CNN poll showed that most Americans “prefer the idea of more Border Patrol agents to a 700-mile (1,125-kilometer) fence.”[17] The Department of Homeland Security has a down payment of $1.2 billion marked for border security, but not specifically for the border fence.[citation needed]
As of January 2010, the fence project had been completed from San Diego, California to Yuma, Arizona.[dubious – discuss] From there it continued into Texas and consisted of a fence that was 21 feet (6.4 m) tall and 6 feet (1.8 m) deep in the ground, cemented in a 3-foot (0.91 m)-wide trench with 5,000 psi (345 bar; 352 kg/cm²) concrete. There were no fatalities during construction, but there were 4 serious injuries with multiple aggressive acts against building crews. There was one reported shooting with no injury to a crew member in the Mexicali region. All fence sections are south of the All-American Canal, and have access roads giving border guards the ability to reach any point easily, including the dunes area where a border agent was killed 3 years prior[when?] and is now sealed off.[citation needed]
The Republican Party’s 2012 platform stated that “The double-layered fencing on the border that was enacted by Congress in 2006, but never completed, must finally be built.”[18] The Secure Fence Act’s costs were estimated at $6 billion,[19] more than the Customs and Border Protection’s entire annual discretionary budget of $5.6 billion.[20] The Washington Office on Latin America noted on its Border Fact Check site in 2013 that the cost of complying with the Secure Fence Act’s mandate was the reason it had not been completely fulfilled.[21]
Rethinking the expansion
The border fence between El Paso and Juarez has an elaborate gate structure to allow floodwaters to pass under. The grates prevent people being able to cross under, and can be raised for floodwaters carrying debris. Beyond the fence is a canal and levee before the Rio Grande; the Border Patrol cars hang out on the levee.
The Real ID Act, attached as a rider to a supplemental appropriations bill funding the wars in Iraq and Afghanistan, decreed, “Not withstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive all legal requirements such Secretary, in such Secretary’s sole discretion, determines necessary to ensure expeditious construction of the barriers and roads.” Secretary Chertoff used his new power to “waive in their entirety” the Endangered Species Act, the Migratory Bird Treaty Act, the National Environmental Policy Act, the Coastal Zone Management Act, the Clean Water Act, the Clean Air Act, and the National Historic Preservation Act to extend triple fencing through the Tijuana River National Estuarine Research Reserve near San Diego.[22] The Real ID Act further stipulates that the Secretary’s decisions are not subject to judicial review, and in December 2005 a federal judge dismissed legal challenges by the Sierra Club, the Audubon Society, and others to Chertoff’s decision.[citation needed]
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