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SUMMARY
ted on October 13, 2008 as part of feature
THE SECURE FENCE ACT OF 2006 CALLED FOR AT LEAST 700 MILES OF DOUBLE-LAYERED BORDER FENCE.
IN DECEMBER 2007 AN AMENDMENT BY SENATOR KAY BAILEY HUTCHINSON OF TEXAS ALLOWED THE SECRETARY OF DHS DISCRETION AS TO WHAT AND WHERE TO BUILD THE FENCE.
HER AMENDMENT MANDATED THAT 370 MILES OF BORDER FENCE BE COMPLETED BY 12/31/08. SHE MADE A BIG DEAL OUT OF THIS AS PROOF SHE HADN'T GUTTED THE SECURE FENCE ACT.
ON AUG. 1 AMERICAN BORDER PATROL REPORTED THAT DHS/SBI HAD CONSTRUCTED 108 MILES OF FENCE.
ON SEPT. 10 THE GOVERNMENT ACCOUNTABILITY OFFICE REPORTED THAT DHS/SBI TOLD THEM THAT IT HAD CONSTRUCTED 187 MILES OF FENCE, EVEN THOUGH THE GAO REPORT (TABLE III) SAID IT WAS 109 MILES. GAO GAVE NO EXPLANATION FOR THE DIFFERENCE.
THE CONTROVERSY OVER DISCREPANCIES SURFACED IN A SIERRA VISTA HERALD STORY OF SEPT., 14 WHEREIN AMERICAN BORDER PATROL CHALLENGED THE DHS/SBI CLAIM THAT IT HAD CONSTRUCTED 190 MILES OF FENCE.
THE HERALD REPORTER, JONATHAN SHACAT, FOLLOWED UP ON THE STORY. DHS CLARIFIED THEIR POSITION IN AN OCTOBER 5 HERALD REPORT WHEREIN THEY SAID THAT AS OF SEPT 10 THEY HAD CONSTRUCTED 109 MILES OF FENCE BUT THAT THE DIFFERENCE, 81 MILES WAS OLD FENCING THAT MET THE OPERATIONAL REQUIREMENTS OF THE BORDER PATROL.
ABP IS NOW CHALLENGING THIS ASSERTION. THE SECURE FENCE ACT OF 2006 SPELLED OUT WHERE THE FENCING WAS TO BE BUILT. FIVE SPECIFIC BORDER SEGMENTS WERE LISTED. NONE OF THE SEGMENTS INCLUDED SAN DIEGO. DHS IS IMPROPERLY CLAIMING THAT THE SAN DIEGO FENCE PARTIALLY SATISFIES THE LAWS REQUIREMENTS, DHS HAS BUILT FENCING NEAR YUMA THAT PARALLELS OLD FENCING, MAKING IT A DOUBLE FENCE. BUT DHS IS DOUBLE-COUNTING THE FENCE.
DHS IS BUILDING NEW FENCING AT EL PASO PARALLEL TO OLD FENCING. IT IS COUNTING THE FENCING TWICE.
DHS IS REPLACING OLD FENCING IN CALIFORNIA WITH NEW FENCING.
OLD FENCING IS TYPICALLY 10-FOOT AIRPORT MAT TYPE THAT IS EASILY CLIMBED. NEW FENCING NOW BEING INSTALLED IS 18 FEET HIGH. CLEARLY THE OLD FENCING DOES NOT MEET THE OPERATIONAL REQUIREMENTS OF THE BORDER PATROL.
CONCLUSION: OLD FENCING SHOULD NOT BE INCLUDED IN THE 370-MILES TARGET FENCE MILES FOR 12/31/08.
AS OF OCTOBER 2, 2008, DHS/SBI HAD CONSTRUCTED APPROXIMATELY 126 MILES OF BORDER FENCE. ELEVEN MILES WAS DOUBLE LAYERED.
IN THE PAST SIX MONTHS, DHS HAS CONSTRUCTED NEW FENCING AT THE RATE OF APPROX 8 MILES PER MONTH.
FENCING INSTALLED ON THE BARRY GOLDWATER BOMBING RANGE SOUTHEAST OF YUMA ARIZONA IS FALLING DOWN AS THE WIND BLOWS THE SAND AWAY FROM THE POSTS THAT WERE HAMMERED INTO THE SAND. ABOUT 40 MILES OF FENCE WILL PROBABLY HAVE TO BE REPLACED.
ABOUT 40 MILES OF NEW FENCING NEAR DOUGLAS AND NACO ARIZONA IS NOT TALL ENOUGH AND IS EASILY CLIMBED.
DHS HAS NOW SWITCHED TO TALLER, MORE ROBUST FENCING. IT IS AT LEAST 18 FEET HIGH WHEREAS THE NEW FENCING HAD BEEN ABOUT 13 FEET HIGH AND WAS CONSTRUCTED USING SEE-THROUGH MESH THAT WAS EASILY SCALED USING SCREWDRIVERS AS CLIMBING AIDS.
DHS LEFT IN TACT ABOUT 1.3 MILES OF OLD 10-FOOT CHAIN LINK FENCE WHEN IT EXTENDED FENCING WEST OF EL PASO, ESSENTIALLY DEFEATING THE PURPOSE OF THE NEW FENCING.
CONCLUSIONS
DHS/SBI IS WRONG TO INCLUDE OLD FENCING IN THE MANDATED REQUIREMENT TO COMPLETE 370 MILES OF FENCING BY 12/31/08.
BASED ON PAST PERFORMANCE AND PROJECTS CURRENTLY UNDERWAY, DHS/SBI WILL COMPLETE NO MORE THAN 160 MILES OF BORDER FENCE BY 12/31/08 OR LESS THAN HALF OF THE HUTCHINSON CONGRESSIONAL MANDATE.
THERE IS OVERWHELMING EVIDENCE THAT DELIBERATELY DECEIVED THE PUBLIC AND HAD NO INTENTION OF BUILDING 370 MILES OF FENCE BY 12/31/08. MOREOVER THERE IS OVERHWELMING EVIDENCE THAT MOST OF THE FENCING THAT DHS DID INSTALL WAS DESIGNED TO FAIL.
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