Court Clears Way for Work on Border Fence

A decision by a federal judge could lead to the completion of the final section of a 14-mile fence along the U.S.-Mexico border, but more court wrangling is expected.

U.S. District Judge Larry Burns on Monday ruled against environmentalists who had asserted that it was illegal for Congress to give authority to the Department of Homeland Security to complete the fence to deter smuggling and illegal immigration.

Rep. Duncan Hunter (R-El Cajon) hailed Burns’ ruling as a step toward finishing the project “rather than wasting time in litigation that prevents national security needs from being addressed.”

Cory Briggs, lead attorney for a variety of environmental groups, said the ruling will be appealed either to the U.S. 9th Circuit Court of Appeals or the U.S. Supreme Court on grounds that it gives too much power to the Department of Homeland Security.

“What Congress and the executive branch have done is just like burning the Constitution,” Briggs said.

“This case is no longer about the environment; it’s about the Constitution.”

The dispute is over the final 3.5-mile stretch of the project, including the rugged terrain known as Smuggler’s Gulch and Goat Canyon.

The environmentalists assert the project could destroy coastal sage scrub habitat of bird and other sensitive plant and animal species.

With the federal government already locked in litigation with environmentalists, Congress this year gave Homeland Security Secretary Michael Chertoff the power to override environmental and legal challenges and complete the fence.

In September, Chertoff exercised his authority.

The bill giving Chertoff the power was supported by the San Diego County Board of Supervisors.

Hunter has long championed adding two fences to the existing border fence from the ocean to Otay Mesa.

After the Sept. 11, 2001, terrorist attacks, he added concerns about terrorists sneaking into the country to his concern about illegal immigration.

The current Homeland Security budget has $35 million allocated for the fence.

Hunter is sponsoring legislation that would extend the fence along the entire 2,000-mile U.S.-Mexico border.