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1 (August 8, 2005)

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                                                                Order Code RS22026
                                                             Updated August 8, 2005



 CRS Report for Congress

              Received through the CRS Web



         Border Security: Fences Along the

                 U.S. International Border

                            Bias Nunez-Neto
                      Analyst in Domestic Security
                      Domestic Social Policy Division

                            Stephen R. Vina
                            Legislative Attorney
                         American Law Division

Summary


     This report outlines the issues involved with the Department of Homeland
 Security's (DHS's) completion of a three-tiered, 14-mile fence, along the border near
 San Diego, California. The state of California delayed completion of the fence due
 primarily to legal and policy conflicts with its federally-approved, state-run Coastal
 Management Program. Former authorization for the fence only allowed the waiver of
 the Endangered Species Act and the National Environmental Policy Act. During the
 109'h Congress, provisions to facilitate the completion of the border fence were included
 in the REAL ID Act of 2005 (H.R. 418), which was subsequently added to H.R. 1268,
 the Emergency Supplemental Appropriations Act, and signed into law on May 11, 2005
 (P.L. 109-13). The border fence provisions allow the Secretary of DHS to waive all
 legal requirements determined necessary to ensure expeditious construction of
 authorized barriers and roads. This report will be updated as warranted.


 Background

     The United States Border Patrol (USBP) is the lead federal agency charged with
securing the U.S. international border. In the early 1990s, the USBP incorporated the
construction of physical barriers directly on the border into their National Strategic Plan
as part of the Prevention Through Deterrence strategy,1 which called for reducing
unauthorized migration by placing agents and resources directly on the border abutting
population centers. The USBP first constructed border fencing in the San Diego sector,
which extends inland from the Pacific Ocean along the international land border with
Mexico, and covers approximately 7,000 square miles of territory. Located north of


Congressional Research Service + The Library of Congress


1 For an expanded discussion of the USBP, please refer to CRS Report RL32562, Border
Security: The Role of the U.S. Border Patrol, by Bias Nunez-Neto.

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