Border Wall: Legal Or Lawless?

The construction of a border wall has been a highly controversial topic in the United States, with some arguing that it is necessary to curb illegal immigration and drug trafficking, while others claim that it is ineffective, inhumane, and a waste of resources. One of the main questions surrounding the border wall is whether its construction and existence break the law. This includes the question of whether the construction of the wall itself violates any laws, as well as the ethical implications of its impact on the environment, local communities, and wildlife.

The wall's impact on wildlife

The US-Mexico border traverses some of the continent's most biologically diverse regions, including forests, grasslands, and salt marshes, home to over 1,500 native animal and plant species. The construction of a continuous border wall poses a significant threat to the existence of these species.

Physical barriers prevent or deter animals from accessing essential resources such as food, water, and mates, by disrupting their migration and dispersal routes. The wall fragments habitats, erodes soil, changes fire regimes, and alters hydrological processes, leading to potential ecosystem damage.

A study by Wildlands Network and Sky Islands Alliance revealed an 86% reduction in wildlife crossings at the border wall. The study highlighted the importance of small wildlife passages, which facilitated 16.7 times more crossings and were particularly beneficial for small to medium-sized animals. However, large animals like black bears, mountain lions, deer, and wild turkeys were unable to cross through the small passages, resulting in a complete reduction in their crossings.

The impact of the border wall on specific species includes:

• Jaguars: The wall threatens to derail the return of jaguars to the US Southwest. The big cats had been extinct north of the border until a few jaguars recently recolonized from Mexico. The presence of jaguars in the US will once again become a ghost if the barriers remain.
• Ocelots: The population of ocelots in the US has been reduced to fewer than a hundred individuals, many of whom live in Texas and depend on shrub lands in the Lower Rio Grande Valley that extend across the border. The border wall cuts off their access to food and mates.
• Bighorn sheep: These sheep have relatively small populations per unit area and large home ranges. The border wall shrinks their range, leading to local population loss or declines, and reduced genetic variation, impacting their ability to adapt.
• Pronghorn: The construction of the border wall has resulted in an 86% decrease in wildlife crossings for this species.
• Sonoyta mud turtle: The construction near Quitobaquito has reduced the spring's flow, threatening the habitat of the endangered Sonoyta mud turtle.

The wall's legality

The legality of the border wall is a complex issue that has been the subject of much debate in the United States. While some argue that the wall is necessary to protect national security and prevent illegal immigration, others argue that it violates international law and human rights.

The Trump administration's approach to border security relied heavily on the construction of physical barriers, such as the border wall, to impede illegal cross-border activities. The administration also deployed additional personnel and technology to enhance border security. This approach was based on the authority of the President under the Constitution and laws of the United States, including the Immigration and Nationality Act (INA) and the National Emergencies Act.

In 2020, the U.S. Customs and Border Protection (CBP) stated that the border wall system, including new and improved infrastructure, technology, and personnel, was effective in disrupting criminals and smugglers. They reported a decrease in illegal drug trafficking, human smuggling, and border crossings in areas where the barriers were deployed.

However, it's important to note that the construction of the border wall has also raised legal and ethical concerns. One of the main issues is the use of eminent domain law to acquire private property for wall construction. While the government prefers voluntary, negotiated sales, it has the authority to exercise eminent domain if necessary. This process can result in legal disputes and impact the rights of landowners.

Additionally, the construction of the border wall has environmental, cultural, and socioeconomic impacts on the surrounding areas. The CBP works with various agencies and organizations to identify and minimize these impacts, but there are still concerns about the potential long-term effects on these areas.

In conclusion, the legality of the border wall is a complex and controversial issue. While the wall may provide security and deter illegal activities, it also raises legal, ethical, and environmental concerns that need to be carefully addressed to ensure compliance with the law and protect the rights of individuals and communities along the border.

The wall's effectiveness

The US-Mexico border wall has been touted as an effective measure to combat illegal immigration, drug trafficking, and human smuggling. Supporters of the wall claim that it has successfully reduced the number of illegal border crossings and apprehensions in certain sectors. For example, in the San Diego Sector, the wall reduced manpower requirements by 150 agents every 24 hours, resulting in a significant return on investment. Additionally, the El Paso Sector experienced a significant reduction in drug and smuggling activities, with apprehensions decreasing by 60-81% in specific zones.

However, the effectiveness of the wall in deterring unauthorized border crossings is disputed. While border barriers can discourage illegal crossings, research suggests that they may not be particularly effective at stopping migration on their own. The wall has also been criticized for pushing migrants into more dangerous and remote areas, leading to an increase in migrant deaths. Additionally, the construction of the wall has harmed local habitats and impeded the migration of wildlife, with a significant impact on some of North America's most biologically diverse areas.

The wall has also had negative consequences for indigenous groups in the region, infringing on their religious and property rights. It has prevented tribal members from accessing parts of their land and disrupted the sharing of customs and traditions. The construction of the wall has also led to the desecration of burial sites and restricted access to plants and materials important for spiritual practices.

Overall, while the border wall may have had some impact on reducing illegal border crossings and apprehensions, it has also caused significant negative consequences for local communities, wildlife, and the environment. The effectiveness of the wall as a solution to border security is questionable, and it may be more effective to invest in alternative measures such as welcome centers and improved processing of asylum claims.

The wall's environmental impact

The construction of the US-Mexico border wall has raised concerns about its potential environmental impact, particularly in the fragile desert ecosystem that spans across the borderlands. This region is characterized by its arid conditions, unique flora and fauna, and diverse wildlife, all of which could be affected by the wall's construction.

One of the primary concerns is the wall's impact on wildlife movement and migration patterns. The borderlands are home to numerous species, including some that are endangered or threatened, such as the jaguar and the Mexican wolf. The wall's construction could fragment their habitats, restrict their movement, and disrupt their ability to access food, water, and breeding partners. This could have detrimental effects on their populations and contribute to further biodiversity loss in the region.

In addition, the border wall could also impact the natural flow of water in the region. The desert ecosystem is highly dependent on water sources, such as rivers and streams, that flow across the border. The wall's construction could alter drainage patterns, impact water quality, and affect the distribution of water in the region. This could have consequences for both the environment and local communities that rely on these water sources for their livelihoods.

The construction process itself also poses environmental risks. The building of the wall requires significant land disturbances, including clearing vegetation, excavating, and constructing concrete structures. These activities can lead to soil erosion, increased dust and air pollution, and the destruction of habitats for plant and animal species. Additionally, the wall's construction requires a significant amount of resources, including raw materials, energy, and water, which can have environmental implications in terms of resource extraction and increased carbon emissions.

Furthermore, the presence of the wall and the associated increase in border security measures can affect the cultural and spiritual practices of indigenous communities that have historically occupied these lands. Their traditional ways of life, which often involve transboundary movements and connections to sacred sites, can be disrupted, leading to cultural and social impacts that are closely intertwined with the environmental implications of the wall.

Overall, the US-Mexico border wall has the potential to cause significant environmental harm. Its impact on wildlife, water resources, and the local ecosystem underscores the complex interplay between border security and environmental conservation. Addressing these challenges requires a comprehensive approach that balances security concerns with the need to protect the fragile desert ecosystem and the livelihoods of communities dependent on it.

The wall's cost

The costs of the border wall are not limited to its financial expense.

Financial Costs

The US government has spent approximately $2.3 billion on constructing the legacy border fence and associated infrastructure along the southwest border. The cost to CBP to construct a new border wall or replace an existing legacy fence is approximately $6.5 million per mile. On average, CBP budgets $50-55 million per year to maintain and repair roads and bridges, lighting and electrical systems, drainage systems and grates, and vegetation and debris removal from infrastructure.

Environmental Costs

The border wall has severed wildlife corridors and fragmented ecosystems in some of the country's most remote and biodiverse regions. A Wildlands Network and Sky Islands Alliance study showed an 86% decrease in wildlife crossings and a 100% reduction in crossings for large animals such as bears, pronghorns, and jaguars.

Social Costs

The border wall has separated tribal members of 26 federally-recognized Native American Nations in the US and eight Indigenous Peoples in Mexico from their relatives and sacred sites.

Political Costs

The Trump administration's approach to the border wall has jeopardized unprecedented collaborative efforts to fight crime and secure borders. This collaboration allowed US law enforcement and intelligence agents to operate in Mexico and help their Mexican counterparts in intelligence development, training, and interdiction operations.

Effectiveness Costs

Despite the financial and social costs of the border wall, it is unlikely to be effective at reducing illegal immigration or the movement of contraband. Smugglers have used demolition tools and power saws on pieces of the wall, and drugs continue to be smuggled through legal ports of entry.

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