The Texas local governments had argued that Michael Chertoff, Napolitano’s predecessor, improperly waived dozens of federal laws that could have blocked or slowed construction of the fence.

This is the second time the Supreme Court has refused to get involved in a legal challenge to the Homeland Security secretary’s authority to speed construction of the fencing. This time, SCOTUSblog reports, “the Justices examined the new case at eight separate private meetings, then still came to the conclusion that it would not rule on it.”

The high court offered no explanation for declining to review the case, which is typical.

Congress authorized (pdf) the fence in an effort to slow illegal immigration, and authorized Chertoff to waive the federal laws in 2005.

Joel Millman at The Wall Street Journal reports today on a major shift away from the traditional crossings of seasonal laborers, who may have once paid a small sum to a “coyote” to help them cross the border, towards a Mexican gang-driven trade that’s led to a proliferation of “drop-houses” in the United States, particularly in Arizona, where border enforcement in the desert has been less successful than in California and Texas. There are reportedly about a thousand such “drop houses” in Arizona now.

Gang members hold immigrants hostage at these houses until either the immigrants or their future employers pay up. In one recent case, The Journal reports, “the men were being shaken down for as much as $5,000 apiece, a ransom above the $1,000 that each had agreed to pay before being spirited across the border.”

So far, the Department of Homeland Security has been addressing border violence as largely a law enforcement problem. The growing impact on immigrants, however, could create more pressure on the Obama administration to legalize the border crossings of some foreign workers as part of a broader plan for comprehensive immigration reform that immigrants’ rights groups and even labor unions have been advocating.