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1 (January 11, 2006)

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                                                                Order Code RS22026
                                                           Updated January 11, 2006



 CRS Report for Congress

              Received through the CRS Web



         Border Security: Fences Along the

                 U.S. International Border

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

                            Stephen R. Viha
                            Legislative Attorney
                         American Law Division

Summary


     At the end of the first session of the 109th Congress, the House passed the Border
 Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (H.R. 4437),
 which contains language that would require the Secretary of the Department of
 Homeland Security (DHS) to construct at least two layers of reinforced fencing along
 much of the nation's southwest international land border. Earlier, the 109th Congress
 passed provisions to facilitate the completion of a three-tiered, 14-mile fence, along the
 border near San Diego 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 new provisions allow the Secretary of DHS
 to waive all legal requirements determined necessary to ensure expeditious construction
 of authorized barriers and roads. In September of 2005, the Secretary announced that
 he was using this authority to waive a number of mostly environmental and conservation
 laws. This report outlines the issues involved with DHS's completion of the San Diego
 border fence and highlights some of the major legislative and administrative
 developments regarding the construction of new border fences. 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 land border with Mexico and Canada. 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,
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


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