In 2007, most of the Southwest border fence constructed by the Department of Homeland Security (DHS) was built on federal land. This year, DHS must build predominantly on privately owned land (although some is municipal, state and corporate owned) in order to complete the 700 miles of fencing mandated by Congress.  Doing so requires DHS to enforce the law of eminent domain, which enables the government to seize and compensate at market rates any property needed for public works projects.  

Naturally, opponents of the fence are becoming louder.  A chorus of complaints from individuals, mayors, and the University of Texas at Brownsville (UTB) reflects strong sentiments that affected parties have not been consulted sufficiently and that alternatives to a physical fence have not been given due consideration.

Resistance to the fence is fiercest in South Texas, where most of the construction is slated to take place in 2008. Plans for the fence cut straight through the UTB campus, leaving the remnants of historical Fort Texas and a golf course on the South side of the fence.

The University has yet to sign a request from DHS to survey University land, store equipment and supplies, take samples, or do any other work necessary for the proposed construction of the fence.  Adding insult to injury, the request states that the government cannot be responsible for any damage done to property during their work preparing to construct the fence.

Last week, at a speech given at UTB, Obama called the plans to build through the campus "foolish" and "an example of not consulting with local and state officials who understand these communities and who can best figure out how to solve the problem."

Building upon levees situated along the U.S. side of the Rio Grande River is one alternative to the physical fence. In early February, federal officials compromised with Hidalgo County by agreeing to build upon levees in that area which eliminated the need for fence there.

But not all towns are having the same luck striving for an alternative solution. Eagle Pass, Texas mayor Chad Foster believes, "In the 21st century, we should be able to secure the border with technology rather than physical barriers."  Unfortunately for the mayor, steel double-layered fencing will be constructed through his town.

Opponents of any fencing, such as Dr. Eloisa Tamez, a nursing director at the University of Texas, Brownsville, are becoming louder.   "I'm not going down without a fight," said Tamez, "...this is the land that gave me life my life and my spirit...I will fight this all the way!"

Tamez is one of many landowners whom the federal government filed suits against to gain access to their land.  For Tamez and others faced with losing land, preventing the fence equates to preserving the Mexican-American heritage and the cultural mixing between the neighboring countries.  After all, the Eagle Pass city motto is "Where yee-hah meets ole (pronounce o-lay)."

Most parties affected by the border fence understand the necessity of heightened border security in today's post-9/11 world, but those living along the border want to be properly consulted and find alternatives to the fence where possible.  The UTB Board of Regents recently adopted the resolution that, "all involved...continue the dialogue and work cooperatively to identify solutions that will ensure border security and allow UTB to fulfill its educational mission."

At the end of the day, DHS must build another 700 miles of border fence this year.  Given that Congress voted to suspend the application of all laws such as the National Environmental Policy Act - which mandates an environmental impact analysis and public involvement period - in order to ensure the fence is built as quickly as possible, the government runs the surprising danger of moving too fast for a change.  However, an amendment passed by Senator Hutchinson in December 2007 mandates DHS to consult with all local parties affected by the border fence.  The obligation might go a long way in soothing the pain of sacrifice that many border residents will have to make for our security.