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Routine wilderness bill sparks immigration outcry

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Friday, October 29, 2010 at 6:00 am

Border Patrol agents survey land near the U.S.-Mexico border. (Mark Allen Johnson/ZUMA Press)

On July 21, the Senate Committee on Energy and Natural Resources unanimously approved a bill to designate part of the Organ Mountains in southern New Mexico as wilderness. It was a routine measure — the committee passes several federal land designation bills each year — that generated little debate at the time and seemed destined to pass the full Senate without fanfare when it eventually reached the chamber floor.

[Immigration1] But in the intervening months, the innocuous-appearing bill has sparked a surprising amount of controversy, as immigration enforcement advocates have expressed concern that it could hamper border security and send a flood of illegal immigrants into New Mexico.

In other wilderness areas, particularly Pima County in southern Arizona, wilderness designation areas set by the Arizona Wilderness Act of 1990 have at times corresponded with areas with higher levels of illegal immigration. Most experts dismiss the connection and attribute the rise in immigration to increased border enforcement elsewhere: As fences and security made it more difficult to cross the border into California, immigrant guides, or “coyotes,” began to move through lands where they could better avoid detection.

But pro-immigration enforcement groups claim that federal wildlife designations are to blame for illegal immigration in Arizona, and that the wilderness designation proposed by New Mexico Democratic Sens. Jeff Bingaman and Tom Udall would make New Mexico the new hotbed for illegal border crossing.

The argument goes like this: In lands designated as wilderness, Border Patrol cannot build roads or surveillance posts because of environmental concerns. As a result, more illegal immigrants and drug cartels enter the country through un-policed land.

“It’s like a big welcome mat to the cartels,” said Janice Kephart, director of national security policy at Center for Immigration Studies, a pro-enforcement group. “They know the designation is there, they know they can start using it.”

This increase in illegal activity, enforcement advocates argue, can actually undermine the environmental goals of a wilderness designation, since the new flood of border-crossers damages the lands the government is trying to protect.

These claims are all the subject of heated debate, at the center of which is the question of how best to balance environmental concerns and border enforcement — or whether the two truly are mutually exclusive.

There is no easy answer; the Department of Homeland Security has struggled with the Departments of the Interior and Agriculture over how Border Patrol can work under strict guidelines in the federal lands along the border. In theory, tensions between the agencies were ironed out in a 2006 memorandum of understanding that allows for some exceptions to land designations, such as emergency access to lands without permission. But according to an Oct. 19 report from the Government Accountability Office, 15 percent of Border Patrol officials said regulations from the Interior Department and the Agriculture Department have prevented them from catching illegal border crossers.

The laws that govern federal lands along the border can hold up a patrolling process that requires speedy adaptability. While Border Patrol shifts its resources and patrolling to react to changing pathways used by immigrants and smugglers, federal law requires agents to receive permission from the other agencies before it can build roads or establish surveillance posts. The GAO report said the process can often take months.

But despite these delays, most of the agents in charge along the border — 22 of the 26 lead agents in the southwest region — told the GAO that overall security in their jurisdiction was not affected by the land management laws. Instead, the Border Patrol leaders said their challenge was the terrain itself, which in many areas is mountainous or otherwise difficult to navigate.

Still, Republicans and anti-illegal immigration groups have latched onto tension over federal land designations as a cause for the number of unauthorized immigrants who move across the border each year. They argue that the laws funnel illegal activity through certain areas where Border Patrol agents are less likely to catch them — and where they can destroy the wildlife that the designations are designed to protect.

In a report released this month, Kephart wrote that the Bingaman-Udall bill would likely lead to a groundswell of illegal immigration to New Mexico, where immigrants would then leave trash and waste behind and devastate the local land.

Wilderness designation laws are too outdated and strict to allow Border Patrol agents to act effectively, she told TWI. Overall, the wilderness designations hurt border security by limiting patrol actions within certain areas and requiring Border Patrol to pay mitigating fees to the Department of the Interior for lands it harms.

Kephart said the best decision for both border security and the environment would be to allow Border Patrol unfettered access to enforce immigration within wilderness areas.

“If by allowing the border patrol in, you can help save the environment and secure the country, that’s a double win,” Kephart said. “The cartels don’t care about people, let along the environment.”

The argument is standard among critics of federal land designations along the border. Rep. Rob Bishop (R-Utah), one of the leaders of the movement in Congress, gave an impassioned 37-minute speech on the House floor in June arguing that illegal border crossers and drug cartels do massive damage to the border landscape.

“The sole purpose of trying to stop the border patrol is because of the fear they may cause damage to the environment,” Bishop said on the floor. “The bad guys, the drug cartels, the human smugglers, the potential terrorists: they’re not inhibited by any of that. They go into that area and they don’t care what kind of environmental damage they do.”

Melanie Emerson, executive director of the border region environmental group Sky Island Alliance, said these claims are “wholly unsubstantiated by science.” Most of the harm done to the environment along the border is due to border infrastructure, such as fencing, that prevents animals from migrating and changes the ecosystem.

“One of the issues that they talk about a lot is garbage, but while there are patches of trash, trash is mitigatable,” Emerson said. “You send volunteers out, you pick it up and it’s gone. Border infrastructure is permanent and it unequivocally alters natural processes. That whole system of security far exceeds — by magnitudes of 10 — trash.”

Wilderness designations are important because they allow species to live in a protected space as much of their natural habitat is taken over by cities and sprawl, Emerson said. She said environmental arguments against wilderness designations are disingenuous and a means to limit illegal immigration, not to protect the environment.

The Center for Immigration Studies has attempted for years to tie illegal immigration to concerns about climate change and overpopulation. There are numerous reports on the group’s website arguing for population stabilization and tying illegal immigration to higher greenhouse gas emissions.

When it comes to the Bingaman-Udall bill, however, concerns about the environment seem somewhat misplaced. The bill would change the land from a wilderness testing area, which has many of the same limitations for Border Patrol, to a wilderness area. This would be the final step in a process that was started in the 1980s, when the Reagan administration first set the land aside for protected status, and continued when the George H.W. Bush administration recommended the area for full wilderness status. The bill includes provisions that expand the land that Border Patrol can easily access for patrolling and surveillance.

Border Patrol worked with the senators’ offices on the bill, which includes a section on how border enforcement can work within the changes. Border Commissioner Alan Bersin wrote a letter to Bingaman on June 1 acknowledging the Border Patrol-friendly aspects of the bill, such as an expanded “buffer” area for patrols and clarification that the bill would not restrict agents from pursuing suspects in restricted areas or conducting low-level overflights.

Jude McCartin, a spokeswoman for Bingaman, said the senator was focused from the beginning on maintaining Border Patrol access as the land transitioned to wilderness designation.

“They were very mindful of the security needs along the border and what makes this unique in all of that,” she said. “Neither congressman would want to do anything to harm national security.”

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Guest
Comment posted October 29, 2010 @ 4:00 pm

CIS’s memo about S. 1689 is full of factual inaccuracies and presents conclusions that are contradictory to the facts. The memo keeps coming back to the point that wilderness means no access for Border Patrol. That is simply not true. Border Patrol already has the legal authorities to use motorized vehicles off-road in wilderness when in pursuit of suspected Cross-Border Violators.

These legal authorities are reaffirmed on p. 6 of 2006 MOU mentioned in your article between the Departments of Homeland Security, Interior, and Agriculture and these authorities are also reaffirmed in S. 1689, proposed Organ Mountains-Desert Peaks Wilderness Act.

The fact of the matter is that S. 1689 gives Border Patrol better access to 30,000 acres of land in the southern portion of the Potrillo Mountains Wilderness Study Area that are currently managed as wilderness. This is why Commissioner Alan Bersin of U.S. Customs and Border Protection, wrote in a letter to Senator Bingaman about the latest changes made to S. 1689 in May (and ignored in the CIS report) “would significantly enhance the flexibility of U.S. Customs and Border Protection (CBP) to operate in this border area.” I urge citizens to read this sentence twice and think about what CBP is saying. They know what it takes to do their job better than Janice Kephart does.

In addition, changing the designation of the remainder of the Potrillo Mountains Wilderness Study Area to a Wilderness Area (as S. 1689 would do) does nothing to change Border Patrol’s current ability to operate on these lands.

Again, the Potrillo Mountains is currently a Wilderness Study Area and, as such, is already managed as wilderness. So if wilderness equates to drug cartels running rampant, how come that is not currently the case in the Potrillo Mountains? And if S. 1689 opens up over 30,000 acres of the current Potrillo Mountains Wilderness Study Area to unfettered access by Border Patrol (which is part of CBP) by excluding them from the proposed Potrillo Mountains Wilderness Complex, tell me again how this legislation would make it harder for Border Patrol to do their job? The truth is that this legislation is the product of collaboration and compromise, it makes it easier for Border Patrol to protect our border, and that is why CBP supports it. How any reasonable person could ask themselves these questions and come to the conclusions made by Janice Kephart defies logic.

It is also worth noting that the CIS memo presents an outdated map for the Potrillo Mountains Wilderness Complex and doesn’t show the five-mile wide zone for unfettered Border Patrol operations along the border south of the Potrillo Mountains that S. 1689 would create.

By failing to grasp, consider, or disclose the above information in her CIS memo, Janice Kephart’s findings are seriously suspect.


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So sad
Comment posted October 29, 2010 @ 8:25 pm

Melanie Emerson of the group called “Sky Island Alliance” doesn't even understand the basics of environmental impact. The U.S. Park Service (and other agencies) can measure environmental degradation based on the number of people using a park or trail during a set time period. If you have 500 people a year using a mile-long trail, it's less damaging to the environment than if you have 5,000 people using the trail during the same time period.

Melanie Emerson apparently doesn't understand that trails are being CREATED by smugglers all along the southern border. These trails are causing untold damage. Yes, there are literally hundreds of tons of garbage being created by the smugglers (which isn't to easy to clean up, by the way), but it's more than that.

Serious, permanent damage is being created as a result of open borders. It's sad that so-called environmental groups think that protecting mass illegal immigration and illegal smuggling is more important than protecting the natural environment belonging to the American people.


Reasonhelps
Comment posted October 29, 2010 @ 10:12 pm

The real issue here isn't border security vs. environmental protection. Both goals are national priorities. With the establishment of the Dept. of Homeland Security in 2002/2003 and legislative mandates to better secure the border, it's taken a while for the agencies to learn how to collaborate for mutual success in acheiving both of these national goals. But interagency success is on the rise.

There was a report released this week that makes this conclusion entitled “Interagency Cooperation on U.S.-Mexico Border Wilderness Issues” by Dr. Kirk Emerson. Defintely worth the read. This report can be found at:

http://kirk_emerson.home.mindspring.com/Interagency_Border_Cooperation.pdf.

Both Dr. Emerson's report and the recent GAO report come to many of the same conclusions in documenting the success of interagency efforts in both improving border security while also safeguarding our natural resources.

I think it is off-base to characterize the issue as land protection designations causing an increase in illegal immigration. No one has shown this to be true…the arguemnt is based on conjecture, asumptions, and misinformation. Generally, enforcement efforts closer in to cities and along the California/Mexico border drove illegal immigration into Arizona. Note that these rates have dropped dramatically over the last few years thanks to stepped up enforcement and the economic recession.


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Walleaner
Comment posted October 30, 2010 @ 5:21 am

Border Patrol already has access in the Wilderness Study Areas in the Potrillo Mountains on the roads that exist there. When it becomes full Wilderness under S.1689 they will not longer have access to the existing roads in the Wilderness, they will only have access along a 2 mile strip not five miles and cant patrol in the rest of the many 1000's of acres that they currently do. Tell me how that will increase Border Patrol access? They only will have access to the rest of the land when in “hot pursuit”, and only other access when given permission by the BLM. What Commissioner Bersin was refering to is increased flexibility under the wilderness act of no vehicle access. They currently have unfettered access under WSA management and unfettered access on only 30,000 acres under full Wilderness Management.


barb3000
Comment posted October 30, 2010 @ 5:46 am

All of these agencies know all about the numerous trails going through the wildlife refuges that the smugglers use to bring illegal aliens into the US. They know all about the damage done, the trash left along the trails. They have all seen the wildlife cam videos. Along only one trail in the Coronado National Wildlife Refuge there were counted 700 hundred aliens passed along just this one trail in 38 hours. When they came down off the trails there are trucks and cars waiting to pick them up and take them on into the US. And there was not one Border Patrol Agent to be seen. If you would like to see for yourself go to borderinvasionpics.com These videos have been available to the public for a number of years. If these agencies would stop fighting each other we might be able to stop some of this.


Stevo1
Comment posted October 30, 2010 @ 12:14 pm

Our Government, has allowed the invasion of 30 million criminals in direct violation of Article IV, Section IV of our Constitution. they force American tax payers to pay Billions to provide Welfare, Prison cells, Educate the invaders children, free medical care,massive document fraud, & are destroying our schools, hospitals, communities, culture while Robbing, Raping, Killing & Assaulting American Citizens WAKE UP PEOPLE!
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Every Non-representative including obama and holder need to be IMPEACHED! for not upholding the oath of office they swore to defend the Constitution! If these clowns were to do their job, this would all be a Moot point!


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Comment posted October 30, 2010 @ 12:35 pm

The threat is real, and must be dealt with.

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Reasonhelps
Comment posted November 2, 2010 @ 4:13 pm

Respectfully, you are wrong about the unlimited access to the current WIlderenss Study Area.

Also, the border strip where Border Patrol has access is expanded to 5 miles under S. 1689. Click on this link to see the correct map:

http://bingaman.senate.gov/mediaasset/Potrillos_Existing_vs_Proposed.pdf

You'll not the wilderness border boundary has been moved north so that it is 5 miles from the border in all spots.


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The Westerner
Comment posted November 5, 2010 @ 10:59 am

Reasonhelps is wrong and Walleaner is right.

Wilderness Study Areas are not managed as Wilderness, they are managed under the BLM's Interim Management Policy for Lands under Wilderness Review, which does allow for routine patrols by the Border Patrol.

Section 4(c) of the Wilderness prohibits temporary or permanent roads and all forms of motorized vehicles or mechanical transport. An exception is made for “emergencies” which is why the Border Patrol can enter in hot pursuit.

So WSAs now routinely patrolled by the Border Patrol will no longer be patrolled if the area is designated Wilderness. If S. 1689 were to become law, almost a quarter of a million acres of BLM land would be off limits to regular or routine patrolling by motorized vehicles.

That is one of the reasons the Las Cruces Chamber of Commerce, the Las Cruces Association of Realtors and the local Homebuilders Association voiced opposition to S. 1689.


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