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FW: Mayors try to block construction of parts of border fence Wednesday, October 03, 2007 8:10:38 AM High

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Chiefs,

You have probably seen this, we’re working it.

Jeff

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Sent: Wednesday, October 03, 2007 4:57 AM

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Cc: FLOSSMAN, LOREN W;

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GIDDENS, GREGORY; ADAMS, ROWDY D;

SELF, JEFFREY D;

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SELF, JEFFREY D; (b) (6)
SELF, JEFFREY D; (b) (6)
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Subject: FW: Mayors try to block construction of parts of border fence Importance: High

Good morning.

I just saw the article below (thanks to

determine what the facts are on this issue.

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for forwarding), and believe we need to immediately

1. What exactly have we asked for from Brownsville, Del Rio, Eagle Pass, and El Paso?

2. Have we been denied access at any of these places?

We always knew some mayors were adamantly against fence, but if they have actually obstructed us in some way that will be a big story.

We need this information this morning.

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Secure Border Initiative U.S. Customs and Border Protection

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Sent: Wednesday, October 03, 2007 6:15 AM

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Subject: Mayors try to block construction of parts of border fence+ Importance: High

Mayors try to block construction of parts of border fence

'We are not going to make it easy for them,' Brownsville official says

10:44 PM CDT on Tuesday, October 2, 2007

OBP005223

From Wire Reports

BROWNSVILLE Mayors along the Texas-Mexico border have begun a quiet protest of the federal government's plans to build a fence along the border to keep illegal immigrants out.

Mayors in Brownsville, Del Rio and El Paso have denied or limited access to some parts of their city property to Department of Homeland Security workers assigned to begin surveys or other preliminary work on the fence Congress has authorized. Eagle Pass has denied a request to build a portion of the wall within its city limits.

"This is exercising our rights," Brownsville Mayor Pat Ahumada said Tuesday. "We are not going to make it easy for them."

Mr. Ahumada said that he refused two weeks ago to give federal workers permission to begin work if it was to be on city property.

Brownsville also is considering a lawsuit against the federal government to prevent the fence's construction on city property.

U.S. Customs and Border Protection spokesman Brad Benson said the federal government hasn't responded yet, but expected some landowners would refuse.

"We will work with everybody. We plan to accommodate any credible concerns with regard to the environment," Mr. Benson said. "Our mission at the end of the day is to secure the border."

David Crump, a law professor at the University of Houston Law Center, said that for now, landowners can keep anybody out of their property for any reason.

"But it's subject to being breached by legislation, and either the Texas Legislature or Congress can give power to an agency to do it," Mr. Crump said.

Homeland Security Secretary Michael Chertoff has said that he "can't rule out" that the government could use eminent domain to seize property if it's necessary to build the fence.