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Standoff Near the Border

January 23, 2008

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Over the past year, leaders of the University of Texas at Brownsville and Texas Southmost College have responded critically to a proposal by the Department of Homeland Security to build a fence that would split up the campus of the jointly managed institutions in the name of border security.

In recent months, it's become increasingly clear just how adamant the leadership is to fight for its position. Expressions of concern have now turned to formal opposition.

Juliet V. Garcia, Brownsville's president, sent to alumni a statement defending the university's decision not to sign a letter that would allow government officials to survey the campus to determine whether the fence project is feasible and, if so, how to proceed. The Texas Southmost College Board of Trustees also passed a resolution that praised the federal government's efforts to improve border security but rejected the idea of constructing a fence in the region.

Both the university and government officials say they are continuing talks about the right of entry to the campus. But Brownsville and Southmost could be looking at a legal battle with the federal government if it continues to keep the assessments from taking place.

U.S. Customs and Border Protection, which sought the right of entry onto university property, has not yet filed a court petition seeking access to the campus, which sits on the edge of the United States-Mexico border. And the U.S. Army Corps of Engineers, which is handling the real estate discussions, has notified the college that it could seek a court order to allow its personnel on campus if nothing changes.

"What is being demanded, under threat of legal action, is unimpeded access by military and civilian agencies to a UT System campus and its state and locally financed buildings for an extended period of time for purposes of determining if land and buildings will be condemned and seized," Garcia wrote in her letter to alumni. "I believe this is sufficient cause for serious concern."

Garcia, who did not wish to comment for the story, reiterated in the letter that a Homeland Security plan to build an 18-foot fence on top of a levee north of its campus is unacceptable. Doing so would, in essence, place the college's International Technology, Education and Commerce Campus, which is a mile west of the main campus and is the hub for technology training, on the Mexican side, despite it being on U.S. soil in Brownsville, Texas. Plans to build a fence on top of a levee just south of an athletics field and parking lot also puts an entire golf course on the Mexican side, Garcia said.

Russ Knocke, a Homeland Security spokesman, told Inside Higher Ed in June that the fencing would be built as part of the Secure Border Initiative, a multi-faceted immigration control strategy that involves increasing the number of enforcement agents, installing traditional fencing, and using “virtual fencing” technologies, based on the use of ground-based radar and sensors, along with unmanned aerial vehicles.

In her letter, Garcia said the government's request for access to the area between the levees and the college's buildings would be disruptive to campus activities and inhibit the movement of students, faculty and staff.

"But the right of entry was also refused because it was meant to support preparations for the building of a fence that would jeopardize our campus security," Garcia wrote, adding that "having an opening in an 18-foot high fence for the purpose of channeling illegal entrants alongside our golf teams and adjacent to the baseball park, the new soccer field and the REK Center would greatly endanger our students."

The fence, Garcia wrote, also runs counter to the college's mission, "which is in part to convene the cultures of its community, foster an appreciation of the unique heritage of the Lower Rio Grande Valley, encourage the development and application of bilingual abilities in its students and provide academic leadership to the intellectual, cultural, social and economic life of the bi-national urban region it serves."

The letter ends with this statement: "Of course, we believe in protecting our borders. Of course, we believe in strong immigration policy. But we also understand that a fence, no matter how high or how wide is no substitute for either."

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Comments on Standoff Near the Border

  • Rio Grande River
  • Posted by L.L. on January 23, 2008 at 6:45am EST
  • This topic was noted by ABC News last night. At McAllen, Tex., the Rio Grande is so narrow and low, in the brief time the ABC News crew was there, they filmed people swimming from the Mexican side to the U.S.

    NIMBY, anyone? Another Solomon Act in the making?

  • Posted by supporter on January 23, 2008 at 9:05am EST
  • Bravo! Garcia is right in her position. I hope all in that area will stand behind her, and the campus to prevent the construction of that fence, a structure that will stand as a blight on our national heritage. Geopolitically, she also seems on strong ground. If the campus is divided in location, Mexico and USA, then much negotiation is necessary to protect the integrity of the school as a Texas, USA, institution. The fence is not a well thought out plan of border protection, only knee-jerk response to perceived threats; the consequences of such response are made clearly visible in situation Garcia and the Brownsville, Texas school fact.

  • Illegal Immigration
  • Posted by Armando on January 23, 2008 at 9:45am EST
  • Hold on folks! It is not up to a univeristy to set national immigration policy nor is it up to them to deterimine how to implement national immigration laws. We have many approved and legitimate ways of interacting with the federal government. And there are acceptable ways to disagree with them. But, attempting to lock them out is not one of them

  • Posted by auderey on January 23, 2008 at 10:25am EST
  • Swim? Folks, at most places and most times of the year, one *wades* across the Rio Grande.

  • Fence in Brownsville
  • Posted by Right/Wrong on January 23, 2008 at 11:30am EST
  • Dr. Garcia is right to attempt to protect the substantial state and local investment in her campus and the security of her students and employees by opposing the ludicrous proposed placement of the fence. On the other hand, the arguments about geopolitics and inclusive missions are quite irrelevant to what is, at its core, a legal matter. That horse has left the barn. I think that many people looking at the fence miss the point. It will not "stop" illegal immigration or the flood of border lawlessness in the region of the Rio Grande Valley, but from a national perspective, it is an important signal, or metaphor if you will, for the federal government's long overdue and very suspect commitment to securing our borders and ending the tide of illegal immigration.

  • Posted by JackL on January 23, 2008 at 12:10pm EST
  • Dr. Garcia does not seem to be protesting the barrier as a plan to attempt to control illegal immigration, but rather the fact that the fence, in this particular case, would make the campus virtually unuseable.

    The school is in a tough position. Clearly, a fence down the middle of the school won't work. Similiarly, a gap in the fence would be disasterous - just ask those ranchers with land at the endpoints of the existing barriers.

    One answer could be for the government to relocate the 'mexico-side' buildings to the 'american-side'.

  • Dr. Garcia: A courageous American
  • Posted by Mike Putegnat on January 23, 2008 at 12:10pm EST
  • What earns America a credential for a true participatory democracy is the courage of its citizens and leaders to stand up before a powerful government and be heard. As we know since our Declaration of Independence, not all government fiats are morally right simply because they have behind them the force of 'law'. We cannot suspend our personal consciences to the convenience of a dominant authority. In fact we have a duty to dissent from what we see as error. Even in our military, soldiers have a duty to disobey immoral orders. This hopelessly irrelevent and ill-fated half measure by the federal government to deal with 'the immigration problem' by strands of chainlink fencing needs to be pointed out to save everyone the inevitable embarassment coming in later retrospect. There isn't a resident on the S. Texas border that allows this even a slight chance of having any useful effect.
    Hoozah to the leadership at UT and UTB/TSC for honoring our American tradition of patriotic civil dissent. It makes me feel very proud.

  • NOT ABOUT IMMIGRATION!
  • Posted by JW on January 23, 2008 at 12:35pm EST
  • Folks, this is not a debate on the best way to deal with legal & illegal immigration. The main issue here is about taking an American college campus, drawing a line through it, and hastily labeling one section as de facto Mexican territory! If any governmental agency did this at NYU, Michigan, Harvard, or anywhere else, we'd all be up in arms!

  • Putegnat's Claims
  • Posted by Right/Wrong on January 23, 2008 at 1:35pm EST
  • Mr. Putegnat is entitled to his position, and he makes his case well. Unfortunately, he also seems to assert that his misguided sentiments are those of all of the residents of the Brownsville area. They are certainly the views of a vocal minority, perhaps even a local majority, but many of us support the federal government's efforts to at last free us and our community of the blight of illegal immigration. The fence is obviously problematic, but we do need to start somewhere. Put another way, I suppose one could say that Mr. Putegnat's eloguent statement of one beknighted view of things simply undermines Dr. Garcia's pragmatic and much stronger argument for preserving her campus integrity.

  • A Quibble
  • Posted by PA Man on January 23, 2008 at 2:10pm EST
  • Mr. Putegnat: it is not true that soldiers have a duty to disobey IMMORAL orders. They instead have the duty to disobey ILLEGAL orders; they must obey all legal orders, whether or not they consider them to be moral. The reason for this is quite clear: what is moral or immoral can be a matter of opinion ("Take that hill!" "Sorry, sir, I consider it immoral for me to be engaged in an activity that may result in my death and the death of my friends."), whereas whether or not something is legal or not is a settled issue (and the fact that something that is legal today may be illegal tomorrow does not change the fact that any point in time, the activity in question is either legal or it's not). In something as potentially terrible as an army, chaos would result from soldiers (and their leaders) just doing what they believe to be the moral thing to do, as opposed to following the rule of law. It is precisely that issue of "the rule of law" that so animates those opposed to illegal immigration, and not racism or xenophobia as some claim.

  • fences and walls
  • Posted by Betsy Smith on January 24, 2008 at 2:10am EST
  • Anyone who heard the news today about the wall separating Gaza and Egypt should understand that our border fence is a hare-brained idea anywhere, but especially so when it divides a campus.

  • Standoff Near Border
  • Posted by J. Atkinson Newman at Retired on January 24, 2008 at 2:55pm EST
  • While I am not an aluma of UTB, I'd like to say that President Garcia's stand is well-taken. It is not an attempt "to lock the federal govenment out" as has been alleged, but simply a refusal to accede to a decision made without due consultation and input from a public institution adversely affected. The ill conceived idea of a physical border fence (let alone one which is not in fact on the border)is creating a legitimate backlash which should have been foreseen by the shortsighted Congress and "Homeland Security" officials who instituted it.

  • Posted by S Nicol on January 24, 2008 at 5:30pm EST
  • UT Brownsville is taking the right position. Even the Department of Homeland Security admits that the border wall will only slow a crosser by 5 minutes, not stop anyone. Why should the University or south Texas residents watch the destruction of their property for something that will not add the least amount to our nation's security?