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 Editorials | Opinions | April 2008 
Court Should Halt Rush to Complete Fence on Border
 Mercury News
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Give the imperial Bush presidency a yard, and it will take a mile. Or, in the case of the Mexican border, nearly 500.
Last week, the Department of Homeland Security declared that it would ignore the requirements of more than 30 federal laws to speed the completion of a fence separating Mexico from parts of Arizona, California, New Mexico and Texas. The laws are supposed to protect sensitive habitats, endangered and migratory species and American Indian religious sites.
Homeland Security Secretary Michael Chertoff is taking advantage of authority that the Republican-controlled Congress foolishly gave the administration in 2005.
It's unlikely that Congress could marshal a veto-proof majority. But it's encouraging that 14 House Democrats, including eight committee chairs, announced they would support a suit by environmental groups. The U.S. Supreme Court should hear the case and void Congress' 2005 action.
In giving the administration the power to waive laws affecting the fence, Congress abdicated its responsibility to protect the environment. If that wasn't bad enough, it forbade federal appeals courts to question Homeland Security's decisions. Such weakening of the balance of power is unwise, if not unconstitutional.
Explaining his decision, Chertoff said, "Criminal activity at the border does not stop for endless debate or protracted litigation. Congress and the public have been adamant that they want and expect border security. We're serious about delivering it."
But building the next 470 miles of fence to keep out illegal immigrants will not accomplish that, despite the enormous cost. It won't stanch the flow of laborers into this country; it will only divert them to other remote parts of the 2,000-mile border. It won't affect the tens of thousands of immigrants who arrive legally as visitors and overstay their visas.
But it will destroy a wildlife refuge along the Rio Grande that the government has spent decades establishing. And news stories note that the fence would not cut across border property owned by individuals with White House connections.
Bypassing environmental review and judicial oversight invites abuse and favoritism. It denies recourse to citizens treated unfairly.
A fence is no substitute for immigration reform that balances security and jobs. Such a policy would include a crackdown on businesses that hire illegal immigrants. But it also would create a system of new temporary visas for foreign laborers and a way for undocumented workers already here to earn citizenship.
Bush has abandoned a comprehensive approach, which was spurned by his fellow Republicans, and turned to the fence as a quick fix. The court must not let him abandon the Constitution as well. |
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