WASHINGTON – A bill that would grant the Department of Homeland Security unprecedented access to federal lands near the border was sharply criticized Friday for giving the department unchecked authority.
The National Security and Federal Lands Protection Act would let DHS waive 36 environmental-protection laws for patrol activities within 100 miles of U.S. borders.
Opponents of the legislation went so far as to call the bill, HR1505, “particularly stupid” during Friday’s hearing of the House Subcommittee on National Parks, Forests and Public Lands. They called it overly broad and said it opened the door for DHS to completely disregard environmental-protection laws.
“1505 may succeed in decreasing immigration, but only because the water, air and environments of border communities will be so degraded, no one will want to come here,” said Rep. Raul Grijalva, D-Tucson.
John Leshy, a law professor at the University of California, Hastings, testified that the legislation would make DHS “immune from review by the courts, except for constitutional claims.”
Supporters of the bill, however, said the current setup — a memorandum of understanding between DHS and federal land-management agencies — makes it impossible for Border Patrol to do its job.
“There’s a problem here in that Border Patrol is being restricted,” said Rep. Rob Bishop, R-Utah, the bill’s sponsor. “They are not the problem.”
The memorandum of understanding requires Border Patrol officials to get permission from land-management agencies before conducting operations on federal lands, from maintaining roads to installing surveillance systems.
Claude Guyant, founder of the National Association of Former Border Patrol Officers, said the current system is an unnecessary distraction.
“Border Patrol’s focus must be on preventing illegal entry,” said Guyant.
While Border Patrol agents have the discretion to bend some rules in emergency situations, they typically have to comply with all laws affecting an area they want to access. In designated wilderness areas, for example, that would mean traveling only on foot or horseback.
Kim Thorsen, an Interior Department law enforcement official, testified that Border Patrol agents do have the latitude to do their jobs under the current setup.
“There is absolutely no restriction for Border Patrol to pursue anyone anywhere on federal lands,” said Thorsen, the Interior deputy assistant secretary for law enforcement, security and emergency management.
In April, the Government Accountability Office reported the agreement had its flaws and the agencies were not always in full cooperation, but that most of the supervising officers surveyed said federal land laws were not affecting their areas’ security.
But Gary Thrasher, a veterinarian and rancher from Hereford, Ariz., told the committee he’s witnessed the impact of federal land laws on border security.
Thrasher, an Arizona Cattle Growers Association board member, said that more than once he’s had immigrants “crawl through the cat door” to spend the night in his locked barn.
Republicans on the committee said the bill was an attempt at keeping citizens like Thrasher safe, not a way of granting DHS unlimited power.
“All we’re trying to do is protect our nation, protect the people of the United States,” said Rep. Raul Labrador, R-Idaho.
Leshy — referencing the unchecked power of the British king who moved the U.S. to declare its independence — said those who oppose the bill are also trying to protect the people.
“1505 would make DHS the George III of our age,” he said.
Tigere posted at 11:20 am on Wed, Jul 13, 2011.
So our "El Marmotito" ( the little woodchuck) would suggest that the privatized lands shall be the exclusive right of the Mexican Drug Cartels while insisting the BP be prohibited access .... I think an audit of campaign contributions is in order here ... and folks, you do realize the pudgy little rodent is aiming for the Secretary of Interior position, which Salazar has already posted intentions of vacating ... now there is a night mare in the making.
NothingButTheTruth posted at 9:52 am on Mon, Jul 11, 2011.
Well Masterrogue666, he would also consider totally open borders acceptable besides amnesty, or a reversal of the The Treaty of Guadalupe Hidalgo, and everyone of European ancestry going back to Europe. Other than that, he's happy to be an American.
Masterrogue666 posted at 8:34 pm on Sun, Jul 10, 2011.
Raul: Almost forgot. If Border Patrol isn't permitted to go certain locations, then it stands to reason that the drug/human traffic cartels will use those avenues.
Tell me Raul, WHAT IS ACCEPTABLE to you, BESIDES AMNESTY for MILLIONS OF CRIMINALS?
Masterrogue666 posted at 8:31 pm on Sun, Jul 10, 2011.
"but only because the water, air and environments of border communities will be so degraded, no one will want to come here,” said Rep. Raul Grijalva, D-Tucson." -- Gee, Raul, what about the TONS OF GARBAGE LEFT BY ILLEGAL ALIENS on their northward bound trip? What about that ECOLOGICAL DAMAGE CAUSED by ILLEGAL IMMIGRANTS that may have started forest fires?
Don't forget that a fair percentage of ILLEGAL ALIENS probably are carrying ILLEGAL DRUGS. Let's not forget that some of those ILLEGAL ALIENS could also be TERRORISTS bent on causing another 9/11...
In_God_We_Trust posted at 8:12 pm on Sun, Jul 10, 2011.
I think it's worse than that AP. I think he represents the illegal aliens and drug smugglers that cross through those areas and he doesn't want the Border Patrol to interfere with his fellow Mexicans running illegal aliens and drugs into our country. He is the same Mexican that tried to create a boycott of Arizona when SB1070 was enacted.
AmericanPatriot posted at 4:59 pm on Sun, Jul 10, 2011.
The Voice of Tucson ask the question, Who does Raul Grijalva represent?
by Hugh Holub on Jul. 10, 2011
Raul Grijalva, Congressman from District 7, represents that portion of the Arizona border with Mexico from Nogales to Yuma….most of the border in this state.
But to watch Grijalva in action one has to wonder…who does he really represent?
Does he represent the peopkle who live in the borderlands who are daily being impacted by illegal; aliens and drug smugglers crossing the border through federally managed lands?
Or does Grijalva represent national environmental groups who put protecting lizards ahead of national security?
We have a serious problem along the border because the EWndangared SPecies Act and the Wilderness Act designations put environmental protection ahead of national security.
US House Republicans are trying to rebalance federal law and not allow environmental laws to impeded the Border Patrol. HR 1505
Grijalva opposes that legislation.
Instead of looking out for his constituents…and maybe suggesting HR 15o5 be amended to apply within only 20 or 25 miles of the land border between the US and Mexico…Grijalva does his usual attacxk anything that challenges his views that environmental laws take precvedence over public safety.
The Pajarita Wilderness Area west of Nogales is a major people and drug smuggling corridor. The Border Patroil cannot drive around that area and secure the border.
Grijalva wants another Wilderness Area at the border…the Tumcacori Highlands.
Both areas were largely destroyed by the Murphy Fire which was set by an illegal alien.
Grijalva represents Sonoran Chub ( a fish), Chricahua Leopard Frigs, jaguars and Mexican pymy owls….he does not represent the human beings that live near the border.
http://tucsoncitizen.com/view-from-baja-arizona/2011/07/10/who-does-raul-grijalva-represent/
NothingButTheTruth posted at 9:40 am on Sat, Jul 9, 2011.
Raul Grijalva is an open border, pro illegal immigration advocate who did his best to instigate a boycott of Arizona after we passed SB1070. Anything he has to say about border security cannot be trusted. He tries to make us believe that our border communities water and air and environment will somehow be so degraded that illegals wont want to come here just because The National Security and Federal Lands Protection Act would let DHS waive 36 environmental-protection laws for patrol activities within 100 miles of U.S. borders. Well guess what folks, the illegals that are crossing the border are already dumping a tremendous amount of their garbage in these areas and that's a pretty big environmental disaster that we will have to clean up. Exactly what harm could the Border Patrol do that is worse than what the Illegal aliens are already doing?