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By Marion Edwyn Harrison, Esq.
April 05, 2007
On October 4 and December 7, 2006, this column reported upon the enactment and risky fate of the Secure Fence Act of 2006 (“Act”), commentaries following. As too often happens with respect to pending legislative and administrative actions in Washington, full fruition appears less and less likely to come to pass.
The Act requires appropriations. The 109th Congress adjourned sine die - “without [a] date,” that is, final adjournment - without appropriating funds to implement the Act. The 110th Congress, to the extent one dare project, seems uninterested in appropriating full funds; indeed, some United States Senators and Representatives seem disinterested in appropriating more than rather nominal funds. This appears to be so even in the context of delayed appropriations, a relevant measure, if for no other reason, inasmuch as the 109th Congress was so slow in appropriating.
The Act mandates deadlines - among those deadlines, an interlocking surveillance camera system to be installed by May 30, 2007; a specifically designated portion of fence to be completed by December 31, 2008. Either nothing, except possibly some preliminary paper work, has been accomplished or the fact of accomplishment is not public.
There also have been discussions between certain Senators and their ubiquitous staffs on the one hand and various George W. Bush Administration people on the other hand along the lines that the totality of fence which the Act legislated will be reduced - according to one (probably reasonably accurate) rumor, from some 850 miles to about 370 miles (along the Mexican Border, which is about 1,950 miles).
The fence issue naturally ties into considerations of electronic surveillance, number of Border Patrol, so on. Unfortunately the fence issue once again - this time perhaps nearly fatally - is tied by some into issues of citizenship, permanent residence, work permits, extradition and the like. These clearly are separate and distinct issues. There can be numerous views as to these subjects but all of them deal with aspects of treatment of aliens, mostly the unlawful, who are in this country. The border-security issue, fence and all, deals only with the issue of substantially reducing - ideally, of eliminating - unlawful entry.
The Administration and the Congress have a duty, which rationally may not be denied, to attempt to block or substantially block illegal entry. That clear duty should not be confused with the manifold, and sometimes complex, issues of dealing with those people who already are within this country.
Marion Edwyn Harrison, Esq. is President of, and Counsel to, the Free Congress Foundation
“Don’t Fence Me In . . .” Must Not Apply to Illegals - October 04, 2006
No Money, No Fence, No Congress – Open Border Access Continues - December 07, 2006
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