A recent article in the Washington Post by writer N.C. Aizenman, tells the stories of a small group of landowners along the Rio Grande River, and the 240 years of history since the Spanish Crown granted their colonial ancestors title to their land. The lastest efforts by the US Government to create a border fence threaten to divide long held lands.
Aizenman writes:
Under the Secure Fence Act of 2006, the department was instructed to secure about one-third of the 2,000-mile Mexican border with 700 miles of double-layered fencing. However, department officials have since whittled that down to a plan for about 370 miles of pedestrian fencing and 300 miles of vehicle barriers to be finished by the end of 2008.
Last year, the department completed the first 123 miles of vehicle barriers and 165 miles of fencing, much of it on federally owned land in Arizona, California and New Mexico. This year, a substantial portion of the remaining miles of fencing probably will be installed in Texas, where much border land is held privately -- and where ties to Mexico remain strong.
In December, officials sent warning letters to 135 private landowners, municipalities, universities, public utility companies and conservation societies along the border that had turned away surveyors. Landowners were given 30 days to change their minds or face legal action. More than 100 of them -- 71 in Texas -- let the deadline pass.
Over the past several weeks, U.S. attorneys acting on behalf of the Homeland Security Department have been filing lawsuits against the holdouts. Already, federal district judges have ordered one landowner in California, 11 in Arizona and 11 in Texas -- including the small city of Eagle Pass -- to temporarily surrender their properties. The mayor of Eagle Pass, which is located about 100 miles southwest of San Antonio and stands to lose 233 acres of city-owned land, said the city is planning to appeal. Suits are also pending against 14 landowners in California and 44 in South Texas, including Tamez.
News of the lawsuits has sent a chill through the chain of tiny centuries-old South Texas settlements that dot the Rio Grande like beads on a necklace. Like Tamez, many residents of these hamlets are descendants of the Spanish settlers who colonized the region in the late 1700s. But significant numbers of them are now impoverished, and even those who have become middle-class professionals, lack deep pockets for a legal battle.
Much of their determination stems from practical concerns. According to preliminary maps, large stretches of the proposed fence would be located more than a mile inland from the river, cutting off substantial swaths of landIn addition to building up the levees, local officials have suggested a variety of alternatives to the fence, including deepening the Rio Grande with dams so that it is more difficult to cross and can be patrolled by boat.
Fred Garcia thinks it would be enough to maintain the beefed-up Border Patrol presence that he has noticed in the region since Sept. 11, 2001.
"Every time I come out here, they're on me in minutes," he said.
As if on a cue, a white sport-utility vehicle with the Border Patrol's distinctive green stripe loomed in the rearview mirror, lights flashing. In the distance, three more SUVs converged, and several men stepped out, wearing uniforms of the National Guard, which has supplemented the Border Patrol over the past year.
Nydia stopped the car and rolled down her window as an agent walked up.
"Hi there," he said, leaning into the window. "May I ask what you're doing here?"
"This is my property," she answered.
"Really? All of this?"
"Yup," she said, a slight edge creeping into her voice. "All of this is my property."
As the officer strolled away, Fred rolled his eyes.
"My God, what's next," he said. "Are we going to have to bring our passports every time we come back here?"
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