Anti-Immigration Hysteria Friday

So it looks like Homeland Security Secretary Mike (“City Of Louisiana”) Chertoff is going to antagonize our Mexican friends some more as he seeks to extend the “fence” further along our border with that country (with the Mexican government having issued a report stating the environmental risk to shared habitat).

As this Washington Post story tells us…

Last month, (Chertoff) said Congress had granted him authority to waive environmental laws in the interest of national security and build seven miles of border fence in Arizona. A federal judge had previously halted construction, saying the agency had not studied environmental impacts.

The Mexican report, which includes chapters by U.S. environmentalists and Mexican researchers, says the United States is ignoring environmental laws in the border region while forcing the Mexican government to comply. It raises the question of whether "the United States is a country of laws or not."

Our reputation under Bushco precedes us here, people.

The report endorses the use of observation towers and sensors, rather than fences, or building "living fences" that allow animals, water and pollens critical to endangered plants to cross the border. It also suggests reducing the use of night lighting that scares animals.

The report, which grew out of a binational environmental conference, cites as a possible model the border projects near Sasabe, Ariz., which employ unmanned towers, radars and infrared cameras.

And as noted in this story, this issue has come up at least once before. And this linked story tells us, this matter has generated the usual ignorance from this administration regarding any environmental matter whatsoever…

"We care about the border environment as much as anyone," (Chertoff’s press aide Russ) Knocke said. "But when weighing a lizard in the balance with human lives, this border infrastructure project is the obvious choice."

Oh, cute. As the MSNBC story tells us…

Ecologists say among the species affected would be Mexican jaguars and black bears, and the endangered, antelope-like Sonora Pronghorn (pictured, of which only about 100 still exist).

And I don’t know if Chertoff is aware of this or not, but the pronghorn is covered under the Endanged Species Act, and as stated here, the act…

...forbids Federal Agencies from authorizing, funding or carrying out actions which may "jeopardize the continued existence of" endangered or threatened species (Section 7(a) (2)). It forbids any government agency, corporation, or citizen from taking (i.e. harming, harassing, or killing) endangered animals without a permit. Once a species is listed as threatened or endangered, the ESA also requires that "critical habitat" be designated for that species, including areas necessary to recover the species (Section 3(5) (A)). Federal agencies are forbidden from authorizing, funding, or carrying out any action which "destroys or adversely modifies" critical habitat (Section 7(a) (2)).

Apparently, Chertoff believes he can supersede the act and other environmental laws in pursuit of his precious “fence.” But given Bushco’s generally bad record when their nonsensical dicta is held up to court scrutiny, whether or not we’re talking about “enemy combatants,” illegal eavesdropping or their quest to stop illegal immigration, I think we can expect a story one of these days telling us that Chertoff has lost this challenge also.

And by the way, the Truthout story states that…

…Defenders of Wildlife and the Sierra Club also contend the (Bureau of Land Management), which controls the area, did not seek public input on the project in performing an environmental assessment that took just three weeks. They contend the BLM should have prepared a more formal environmental impact statement.

Also in the Truthout story is a quote from Rep. Gabrielle Giffords, D-Ariz., who reluctantly supports Chertoff here, no doubt recognizing the way the political wind is blowing in that state (though that doesn’t let her off the hook for agreeing with bad policy as far as I’m concerned).

But as stated in this link to a prior post involving construction of the border fence, the most efficient way to deter illegal immigration is to hire more border patrol agents, to say nothing of making sure employers do their due diligence when offering these people employment.

So, to summarize, Chertoff appears to be getting ready to supersede a federal court order to resume construction of a fence along our border with Mexico that could be improved upon by building it with respect for the environment, and doing so would accomplish this task for less money and actually wouldn’t antagonize that neighboring country (and it would also comply with an order from our federal court, and again, by affecting the pronghorn, this would put Chertoff and DHS in violation of the Endangered Species Act).

I don’t think Chertoff could have screwed this up any worse if he tried.