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1 1 (November 28, 2005)

handle is hein.crs/crsuntaabyo0001 and id is 1 raw text is: Order Code RS22026 Updated November 28, 2005 CRS Report for Congress Received through the CRS Web Border Security: Fences Along the U.S. International Border Bias Nuiez-Neto Analyst in Domestic Security Domestic Social Policy Division Stephen R. Viia 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 109th 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. In September of 2005, the Secretary announced that he was using this authority to waive a number of laws. 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, 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 Tijuana and Tecate, Mexican cities with a combined population of 2 million people, the Congressional Research Service ** The Library of Congress

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