PHOENIX — Wildlife-targeted openings in part of the U.S.-Mexico border wall, including a plot in Arizona, under the terms of a settlement in a four-year lawsuit over how the Trump administration paid for new construction. was to be installed.
An agreement filed in federal court stipulates that a 5-foot-by-7-foot walkway be created in the Perilla Mountains Corridor in Cochise County to house jaguars and black bears.
And Sonora’s pronghorn must pass through an opening of 18 feet or more to enter the Cabesa Prieta National Wildlife Refuge in Pima County.
The passage of the border wall ends lawsuits challenging the Trump administration’s decision to use military construction and other funds previously found illegal by courts to build a new border wall despite the facts. is the result of a settlement agreed by the federal government to That Congress never approved the use of the funds.
From the perspective of the Sierra Club and the Southern Border Communities Coalition, which first filed a lawsuit in 2019, the construction caused extensive damage and affected some endangered and endangered species.
The settlement therefore calls on the Department of Homeland Security to make some breakthroughs in the barrier to allow passage of large animals that have migratory patterns along the border.
That’s just part of it.
At least 20 walkways for small wildlife, no smaller than 8.5-by-11-inch paper, will be set up at various locations along the border.
And federal agencies also agreed to keep various stormwater gates built into existing flood protection systems open at all times, also with specific species in mind.
In Arizona, this specifically includes the San Pedro River and two other rivers in Cochise County within the San Bernardino National Wildlife Refuge. Two will be installed at Organ Pipes National Monument in Pima County.
As part of the deal, Homeland Security is empowered to install gates that can close passageways for “emergencies or border security operations.”
It also allows federal agencies to install “wildlife-friendly infrastructure” near walkways and other barriers to detect unauthorized entry into the United States.
Eric Meza said the idea was not to open new avenues for immigration.
“We chose these openings in remote areas that historically didn’t have as many immigrants passing through these spaces,” said Meza, the Sierra Club’s border coordinator.
He conceded that, technically speaking, these openings are large enough that they could also be used by those trying to cross the border illegally. But that doesn’t mean unlimited access, Meza said.
“It’s going to be a technology surveillance,” he said of the border patrol.
“In some of these cases, the technology is already being used,” Meza said, adding that some spots were already within view of the camera-equipped tower. “This would not be such a big change for them.”
American Civil Liberties Union Deputy Attorney General Cecilia Wang, who represents the Sierra Club, acknowledged that the agreement was designed to allow some flexibility in how these corridors were designed.
One option for the opening, she said, is a Normandy-style fence, essentially a barrier that keeps vehicles from crossing but not wildlife.
Such a structure would also allow for individual traffic, Wang conceded. But she said it’s important to put all this in perspective.
“Congress said ‘no’ to building a border wall in these places and they probably had good reasons for doing so,” he said, adding that Trump illegally diverted military funds. Stated.
“The basic idea is that there shouldn’t be a wall here to keep people and vehicles from coming and going,” Wang said. “The basic idea is that there shouldn’t have been a border wall there in the first place.”
And she said federal border agents have many ways to deter and detect border crossings “besides building a border wall.”
Meza said it’s important to make these large openings.
Consider Sonora’s pronghorn, he said.
For most other species, a culvert is sufficient. Not a pronghorn.
“They are afraid of being surrounded,” says Meza.
“They are prey,” he continued. “That’s why they prefer open spaces.”
And the agreement also takes into account the needs of other species that require cross-border access.
So, for example, we specifically forbid the use of razor wire. However, barbed wire is permitted to prevent cattle from crossing the southern border.
But even here, Meza said, the agreement calls for the design to be unhindered by wildlife.
So, for example, barbed wire could be placed near the top of the fence, he said. Its height is not only high enough to deter cattle, but also high enough for bears and wolves to crawl underneath.
Overall, the contract includes nearly $1.2 billion to repair damage caused primarily by construction.
What caused all of this is President Trump’s failure to get funding from Congress for some parts of the wall and his decision to declare a national emergency to divert money from military construction funds for this project. That was it.
The move was eventually declared illegal. And when Joe Biden took office, he stopped further construction.
But it took until this week for a settlement to reverse some of the damage and for the federal government to agree to a process to notify various parties about future construction plans and give them an opportunity to comment.
Strictly speaking, the agreement does not prevent future border wall construction. Instead, it only covers areas funded solely by illegal diversion.
On paper, at least, this would allow the Biden administration and its successor to use legally acquired and congressional-approved funds to build barriers elsewhere.
But Ricky Garza, a border policy adviser for the Southern Border Communities Coalition, said the government has agreed to notify and consult with his group and the Sierra Club before any future projects begin. And it will provide them with an opportunity to seek change to minimize the impact.
The deal calls for an additional $430 million to be reimbursed to the Department of Defense, in addition to about $1.2 billion for mitigation projects, back to the original projects to which the dollars were allocated.
For example, the West Point project in New York received $160 million, the construction of Holloman Air Force Base and White Sands Missile Range in New Mexico $95 million, and the military project in Virginia over $36 million. being thrown.
All of this explains why these states have filed their own lawsuits against the Trump administration for misappropriation of funds. Their claims were also settled with a new contract.
Howard Fisher
Mr. Fisher is a longtime award-winning journalist in Arizona and the founder and operator of Capitol Media Services.
