Report: Border fence schedule snagged

For the first time since the Secure Fence Act was passed in October 2006, the federal government has acknowledged that it might not meet its objective of building 370 miles of fencing along the U.S.-Mexico border before December 2008.

On Wednesday, the Government Accountability Office released a statement outlining the challenges the fence’s planners now face.

“Customs and Border Patrol officials reported that meeting deadlines has been difficult because of various factors including difficulties in acquiring rights to border lands,” the document states.

Although the report asserts that construction is currently proceeding as planned, it acknowledges that “keeping on schedule will be challenging.”

The GAO also announced that the construction of a virtual fence in Arizona will be delayed until 2011, three years after its initial deadline.

In its reference to the status of the physical barrier, the report alludes to the nearly 25 lawsuits that the federal government has filed against Cameron, Hidalgo and Starr county landowners in the last two months.

According to lawyers at Texas Rio Grande Legal Aid, which represents defendants in several of the pending cases, the federal judiciary is likely waiting for U.S. District Judge Andrew Hanen to issue a ruling on cases currently being challenged in his court before proceeding.

But despite the admission of legal obstacles facing the construction of a physical fence, the GAO report cites the inevitability of a delay only in the case of the virtual fence.

“This shows that there is flexibility — they’re just not implementing it with the construction of a physical barrier,” said Tino Gallegos, a staff attorney at TRLA. “But the admission of possible delays does point to recognition that they don’t have to adhere to strict deadlines or the original proposal in the case of the fence.”

When it was first announced, the Department of Homeland Security’s deadline created a sense of urgency for local officials. According to DHS’ initial plans, 17 miles of fencing would be built along the border in Brownsville by the end of this year.

As of Feb. 21, 168 miles of pedestrian fence had been built along the U.S.-Mexico border, but no construction has been completed in Cameron County.

The possible delay comes less than a week before Texas’ presidential primary, in which the border fence has become a central issue. Both Democratic candidates, Hillary Clinton and Barack Obama, have spoken openly of the need to revise DHS’ current plans and work in closer cooperation with landowners. Representatives from both camps released statements about the GAO report Thursday.

“While the Department of Homeland Security’s track record of failure is hardly a surprise, it doesn’t mean we should give up on knowing and controlling who crosses our borders,” said Josh Earnest, Texas communications director for Obama.

In a prepared statement, Clinton said, “The Bush Administration’s delay in constructing a ‘virtual fence’ along the border underscores the poor planning behind this government’s immigration reform efforts.”

Even a short delay would give the next president, along with Congress, significant oversight on the fence’s implementation.

“This is good news,” said Cameron County Judge Carlos Cascos. “It gives everyone time to re-evaluate the need for a physical barrier.”

On Tuesday, Cascos and other county officials met with DHS officials to discuss the possibility of a levee-fence hybrid. After federal officials made it clear that the county would not be reimbursed for the $50 million project, Cascos called the proposal “just too risky to risk taxpayer dollars.”

Sen. John Cornyn, who recently traveled with Cascos along the border, has been a vocal advocate of alternatives to the border fence—including the levee-fence hybrid. Cornyn voiced his disappointment over the virtual fence’s current stalemate, which, for the senator, means one less alternative to a physical barrier.

“In the end,” Cornyn said Thursday, “physical barriers are not the end-all be-all of border security.”