By: Sarah Johnson
Ever since Donald Trump began his campaign for President we have been hearing about a couple of his political ideas consistently, one of which is the border wall between the United States and Mexico. From originally stating Mexico would fund the wall to trying to negotiate funding during budget planning, allocating and identifying the resources for this project has proven difficult for the Trump administration. Cue Congressman Kevin McCarthy introducing the Build the Wall, Enforce the Law Act of 2018, or US HR7059.
General Information about the Wall
What the wall will look like in the eyes of the public has changed substantially over the last two years. We went from envisioning a massive 30-foot-tall concrete mass spanning across all land along the border (more than 2,000 miles) to understanding that such a project is pretty unreasonable. We now understand the wall to be a little less wall and a little more technology and other types of security along the border. According to reports, Trump’s plans now call for more of a “modest barrier” – utilizing a mix of new and updated wall and fencing and relying on drones and other methods for enhanced security.
Currently, there are eight different “prototypes” being tested in the desert near San Diego, California. These range from mostly concrete structures to walls which are “hybrid” designs using concrete, metal bars and steel plating. These structures are being tested for their durability and price, along with how well they hold up to attempts to climb over, smash through or tunnel underneath them. At the end of the study the U.S. Customs and Border Protection will select which prototype performed best and begin the process of giving out contracts. After this process is completed, the actual construction on the wall will begin — assuming there is money allocated to the project by then. Read more about these prototypes from the Washington Post here.
What does this Bill Say?
US HR7059 goes through different research and findings supporting the case for a the border wall and for increased immigration policy and enforcement in general. A major theme throughout the bill is the importance of ICE and how the agency impacts public safety and homeland security. Presumably these points are included to rebut the growing movement to abolish ICE. The Brennan Center for Justice has a nice article explaining the #AbolishICE movement, read it here. The bill goes on to state “allowing illegal immigrants the right to vote devalues the franchise and diminishes the voting power of United States citizens” and explain that ICE is working to combat this issue and secure our elections.
The bill then attempts to dissuade local governments from either not cooperating with ICE or from establishing and practicing sanctuary city policies. For more information on sanctuary cities, read this blog post. US HR7059 aims to amend the Illegal Immigration Reform and Immigrant Responsibility Act to address states enacting sanctuary city policies.
Notwithstanding any other provision of Federal, State, or local law, no Federal, State, or local government entity, and no individual, may prohibit, or in any way restrict, a Federal, State, or local government entity, official, or other personnel from undertaking any of the following law enforcement activities as they relate to information regarding the citizenship or immigration status, lawful or unlawful, the inadmissibility or deportability, or the custody status, of any individual.
Following this idea, the bill then aims to establish a “private right of action”. The private actions outlined in the bill follow other laws already passed in the House (Kate’s Law, No Sanctuary for Criminals Act and The Criminal Alien Gang Member Removal Act) to give people (victims and survivors) the legal basis to file lawsuits against state or local governments if they release criminal aliens against the wishes of immigration detainers (ICE) and that alien later commits an act of “murder, rape, or any felony, as defined by the State” resulting in their sentencing to a year or more imprisonment.
Towards the end of the bill (Section 9) the bill finally addresses funding the wall. It aims to allocate the full amount Trump has requested for the wall — $23.4 billion: $16.625 billion would go towards funding physical barriers and associated detection technology, roads and lighting and $6.775 billion will be allocated towards infrastructure, assets, operations and technology to enhance border security. Some of the ways the bill outlines these goals could be met is new surveillance technology at and between ports of entry, new roads and improvements to existing roads, aircraft, aircraft-based sensors, and a biometric entry and exit system.
When speaking about the bill, Senator McCarthy said: “For decades, America’s inability to secure our borders and stop illegal immigration has encouraged millions to undertake a dangerous journey to come here in violation of our laws and created huge loopholes in the legal channels we use to welcome immigrants to our country. President Trump’s election was a wakeup call to Washington. The American People want us to build the Wall and enforce the law.”
What is the Latest Regarding the Wall?
An issue that isn’t getting enough attention in policies or news coverage about the wall is the fact that two-thirds of the land where the wall would go through is private or state-owned (a majority in Texas). The US government could use eminent domain in an attempt to seize the land along where the wall would go, but this would surely be met by legal challenges and delay the project even further. Some legislators in Texas have already expressed concerns. Alternately they could offer to relocate and support that relocation and reallocation of land, but again, seems like a headache accompanied by legal battles.
The week of December 10th, the wall ran the news headlines because of a meeting between Trump and the Democrat House and Senate Majority Leaders in an attempt to negotiate about the wall to avoid a government shutdown.
Senate Democratic Leader Charles Schumer (N.Y.) and House Democratic Leader Nancy Pelosi (Calif.) released a joint statement stating, “This holiday season, the president knows full well that his wall proposal does not have the votes to pass the House and Senate, and should not be an obstacle to a bipartisan agreement.”
Republicans and Democrats on the Senate Appropriations Committee agreed to $1.6 billion earlier this year for border funding; so Democrats believe the Republicans will be blamed for the shutdown because Trump is pushing much more money than what was already agreed upon. Republicans still have complete control over the government. Democrats are advocating for a temporary stopgap measure, known as a continuing resolution or “CR”, which would keep funding at the current level of $1.3 billion for border fencing and barriers and otherwise continues to fund the government at the current levels until the next budget is made.
Just before his meeting with the Democrats, Trump tweeted many different items concerning the meeting and the funding, including stating that if it is not funded, the military will build the wall.
….People do not yet realize how much of the Wall, including really effective renovation, has already been built. If the Democrats do not give us the votes to secure our Country, the Military will build the remaining sections of the Wall. They know how important it is!
— Donald J. Trump (@realDonaldTrump) December 11, 2018
Cover Photo by Greg Bulla on Unsplash
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