Brownsville Judge Brings DHS to Table
July 31st, 2008 at 8:18 pm
Today, Federal Judge Andrew Hanen did what other federal judges have failed to do — force Homeland Security to sit down and negotiate with border residents.
Homeland Security says it has made numerous efforts at community outreach and “public meetings” along the border. Border residents say, however, that the meetings consisted of nothing more than talking heads from Washington D.C., and a stenographer poised to write down community concerns.
From day one it was clear that the border wall was a done deal. Border residents say they had two choices: sign the condemnation paper on their own land or go to court.
The University of Texas at Brownsville chose the latter. And today, Dr. Juliet Garcia, president of the university, finally struck a deal with the feds that prevents the condemnation of university land but still provides border security.
It required only a lawsuit and three trips to federal court to force Homeland Security to play ball. For several months, Garcia had been trying to negotiate an alternative to an 18-foot steel wall being built through the middle of her campus.
Back in January, the federal government filed a condemnation lawsuit against the university. And in June, the university took DHS back to court for violating an agreement to study alternatives to a fence.
Today, Judge Hanen approved an agreement between the two parties that will end federal condemnation proceedings.
As part of the agreement, the university will raise its fencing around the perimeter of the campus to 10 feet and upgrade it with high-tech surveillance devices. In addition, the university and Homeland Security will establish a center to study border issues including security.
After the University’s case was heard, Hanen took up several lawsuits filed by border landowners, including Dr. Eloisa Tamez, 72. Tamez has been an especially effective advocate for landowner rights. After the hearing, she was ecstatic that a trial has been set for next March.
Landowners say they have been intimidated into signing condemnation papers by the federal government. Tamez also said that the compensation offered by Homeland Security for their land was paltry, and the government officials won’t explain how they came up with the monetary figures.
“They also don’t want to compensate us for the land on the south side of the wall which we won’t have access to anymore,” Tamez says.
Tamez’ property was granted to her ancestors in the 18th century by the King of Spain.
“Judge Hanen has asked the government to explain its actions and to finally consult with the people,” she says. “Today I really feel like landowners concerns were finally heard.”
