From: PAGAN, DAVID (

To: (b) (6)

Subject: TRLA tells border landowners not to be intimidated by DHS threats
Date: Thursday, January 10, 2008 9:19:28 AM

TRLA tells border landowners not to be intimidated by DHS threats

9 January 2008
Steve Taylor

BROWNSVILLE, January 9, 2008 - Texas RioGrande Legal Aid has told border
landowners not to be intimidated by Homeland Security Secretary Michael Chertoff’s
latest threats of legal action.

“Chertoff is mischaracterizing this process the way that he has mischaracterized the
process all along,” said TRLA attorney Emily Rickers.

“It’s not that people are being uncooperative it’s that it’s the government’s obligation
to prove to a judge that they need access to that land. If people do not want to
cooperate they do not have to. They should not be intimidated by his rhetoric.”

***

Peter Schey, executive director of The Center for Human Rights and Constitutional
Law, warned Chertoff in a letter Monday that Tamez will take court action under
domestic and international laws to protect her land rights.

Officials are considering building the fence north of a levee that crosses the
property, which she fears would make much of her land inaccessible. She was told
she could get access to the land south of the fencing through a gate that would be
manned and be located 3 miles from her property.

"Here we are, American citizens, and have to go through a checkpoint to go through

our own property," Tamez said. "If they come in and do all that they are going to,
they'll leave me with nothing. Even though it may be small, I stand to lose more."
***

Schey said Chertoff should have to start over with his border fence plans because of
that law and first hold "serious consultation" with possibly affected landowners and
others who may be affected.

"By then Chertoff won't have his job anymore and we will have a new administration
and the new administration will take a look at the need for this wall," Schey said.

TRLA has been meeting with Valley landowners to explain their legal rights. TRLA
attorney Rebecca Webber said not all border landowners have been sent letters by
the federal government threatening legal action.

Webber said a group of residents in Granjeno, a small community south of Mission,

have so far been left alone. Many Granjeno residents can trace their land titles back
to Spanish land grants.
“Perhaps some landowners have not been served letters because the government
knows the landowners are extremely well-organized and they do not want a fight,”
Webber said.

“Our advice to all landowners is do not be intimidated. People have rights and we
are ready to assist them.”