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Supreme Court: Trump can use Pentagon funds for border wall... "BUILD, BUILD, BUILD"

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So far, the wall stretches for about 10 miles. It is expected to be 26 miles long when completed.



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SAN LUIS — The first section of President Trump’s border wall in Arizona is rising near Yuma.

After years of crowds shouting “build the wall” at political rallies and countless condemnations of the wall as xenophobic or a “vanity project” for Trump, the wall has taken the shape of square, metal poles jutting 30 feet up from the ground in San Luis, a border town south of Yuma.

As early as this month, similar poles could rise along the Cabeza Prieta National Wildlife Refuge, Organ Pipe Cactus National Monument and across the San Pedro River.

Despite the wall being the centerpiece of the Trump administration’s immigration agenda, relatively few details about it were announced publicly. Instead, information has come in dribs and drabs from documents disclosed in a federal lawsuit and terse news releases.

Questions remain about whether a wall across the San Pedro River would have sluice gates to allow water to pass through, or whether the gaps between the poles would be big enough to let animals migrate on Cabeza Prieta and Organ Pipe.

The view from up close shows the wall in San Luis dwarfing the panel fencing it replaced, which stood 10 to 15 feet high.

A finger’s-length space between the poles allows Border Patrol agents to watch activity on the south side of the wall and lets air through, but little else. Metal plates on top of the poles are designed to thwart climbers. Tunnel diggers would have to go down about 6 feet, judging by the depth of an open trench dug for the foundation of the wall.




In contrast with the reddish coloring of shorter poles installed on the Arizona border over the last decade or so, the wall in San Luis is so dark it almost gives off a bluish hue.

So far, the wall stretches for about 10 miles along the border on the east side of San Luis.

When the 26-mile project is completed, it will extend farther east into the desert and farther west to the port of entry that connects San Luis with its Mexican counterpart, San Luis Rio Colorado.

On Wednesday morning, heavy machinery was flattening earth and removing panel fencing across the street from a neighborhood in San Luis Rio Colorado that fronts the border.

A guard wearing a cloth mask with a rifle slung by his side kept an eye on the construction from the U.S. side of the street a few miles east of the downtown port of entry.

Closer to the port of entry, drivers jockeyed for position in a seemingly endless line of vehicles as they waited to cross into San Luis, where they would be greeted by a hub of stores catering to Mexican shoppers and travelers. A woman sold hot dogs out of a gleaming metal cart and a few men sold trinkets to the waiting drivers. A handful of taxi drivers waited in the shade and called out to people walking into Mexico.

Schoolchildren were walking to and from the port of entry on Wednesday.

In a few months, Mexican workers will start walking through the port of entry on their way to the fields north of San Luis, where they will pick most of the lettuce and other leafy greens eaten during the winter months in the United States.

Just a few feet from the right-hand side of the vehicles waiting to enter the United States, but virtually invisible to the drivers, 10 rows of razor-sharp concertina wire were set on the ground on the north side of the fence.

This is the area where thousands of migrant families have climbed the border fence in the last year, and where the 30-foot wall eventually will be built.

The families generally surrender to agents and claim asylum after fleeing violence, corruption and poverty in Guatemala, Honduras and El Salvador.

Due to a U.S. policy of allowing only a few people to claim asylum each day at a port of entry, nearly 1,000 people are on a wait list in San Luis Rio Colorado to get their turn to start the asylum process, The Associated Press reported in July.

In November, a group of 82 people, mostly families from Guatemala, climbed the panel fence. A few hours later, 83 people from Guatemala and El Salvador crossed in the same area after digging a hole under the fence, according to the Border Patrol.

Other cases involved hundreds of people at a time, including crossings along the nearby Colorado River.

More than 50,000 migrants traveling as families surrendered to Yuma Sector Border Patrol agents from October to July, according to Border Patrol statistics. That was more than four times the 10,700 apprehended from October 2017 to July 2018, which was a marked increase from the previous year.

“Coordinated smuggling of large numbers of Central Americans is taking place daily here in Yuma Sector,” Anthony Porvaznik, chief patrol agent in the Yuma Sector, said in an October news release. “They show flagrant disregard for the laws of our country and are exploiting our need for improved border wall infrastructure.”

The Border Patrol came under fire in recent months after reports from news outlets and government inspectors showed migrants were housed in overcrowded, filthy facilities in Texas.


In June, a tent-like structure was built outside the Border Patrol station in Yuma to house the families.

The “soft-sided facility” in Yuma, which cost $15 million and can house up to 500 people, will remain open for at least four months.

Porvaznik said plans are in the works to build a permanent structure at the Yuma station to house families.

During a visit by reporters and officials Thursday morning, the Yuma facility had considerable empty space, but that could change quickly if more migrant families come to the Yuma area.

Dozens of children and their parents whiled away the hours on gray sleeping mats. The rustle of thin, metallic blankets was almost as loud as the roar of air-conditioning units.

A few kids played hide-and-seek, but most of them were tucked in with their parents. They poked their heads up from blankets to watch the gaggle of reporters and officials. A few returned waves and smiles.

In a separate area of the structure, flyers listed languages for migrants to choose, a recognition that many migrants from Central America speak indigenous dialects, rather than Spanish.

Shelves lined the walls with bins containing baby food, baby bottles, diapers, wipes, sanitary pads, and other assorted items. A separate room had rows of showers.

Other shelves had instant noodles, animal crackers, goldfish crackers and snack mix, while more shelves held underwear, socks, T-shirts and assorted clothing.

Rows of computers were set up on tables to process the migrants.

A bin on one table was labeled “MPP complete,” a reference to the Migrant Protection Protocols used to make migrants wait in Mexico while their asylum claims are processed.

San Luis is slated to join several border towns in Texas and California where the program is already in place.

THE PLAN
So far, public information on construction contracts for the border wall is a hodgepodge of vague locations and costs.

The Department of Homeland Security estimates each mile of 30-foot wall will cost about $20 million, but that likely will vary depending on terrain, road access and other factors.

Montana-based Barnard Construction Co. was awarded a $187 million contract to build 11 miles of wall in the Yuma area, the Army Corps of Engineers announced in April.

Southwest Valley Constructors, based in Albuquerque, was awarded a $646 million contract in May to build the wall in the Border Patrol’s Tucson Sector, which includes Cabeza Prieta, Organ Pipe and the San Pedro River.


Acting DHS Secretary Kevin McAleenan said Thursday in San Luis that Customs and Border Protection had developed a plan to build walls in areas “prioritized by agents on the ground, based on vulnerabilities on the border and the traffic that we’re seeing crossing the border.”

After an inquiry to CBP, a spokesman forwarded an Aug. 2 border wall status report that showed $6.2 billion has been appropriated by Congress or reprogrammed from the Defense and Treasury departments since January 2017 to build about 330 miles of fencing along the U.S.-Mexico border.

So far, about 55 miles of border fencing has been built.

The border had 319 miles of pedestrian fencing and 280 miles of vehicle barriers built before January 2017, according to the report.

The plan is to build 86 miles of primary wall, 24 miles of levee wall and 14 miles of secondary wall, as well as replace about 60 miles of dilapidated fencing and 144 miles of vehicle barriers.
 
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https://www.apnews.com/5d893d388c254c7fa83a1570112ae90e

Supreme Court: Trump can use Pentagon funds for border wall

WASHINGTON (AP) — The Supreme Court cleared the way for the Trump administration to tap billions of dollars in Pentagon funds to build sections of a border wall with Mexico.

The court’s five conservative justices gave the administration the green light on Friday to begin work on four contracts it has awarded using Defense Department money. Funding for the projects had been frozen by lower courts while a lawsuit over the money proceeded. The court’s four liberal justices wouldn’t have allowed construction to start.


The justices’ decision to lift the freeze on the money allows President Donald Trump to make progress on a major 2016 campaign promise heading into his race for a second term. Trump tweeted after the announcement: “Wow! Big VICTORY on the Wall. The United States Supreme Court overturns lower court injunction, allows Southern Border Wall to proceed. Big WIN for Border Security and the Rule of Law!”


The Supreme Court’s action reverses the decision of a trial court, which initially froze the funds in May, and an appeals court, which kept that freeze in place earlier this month. The freeze had prevented the government from tapping approximately $2.5 billion in Defense Department money to replace existing sections of barrier in Arizona, California and New Mexico with more robust fencing.

The case the Supreme Court ruled in began after the 35-day partial government shutdown that started in December of last year. Trump ended the shutdown in February after Congress gave him approximately $1.4 billion in border wall funding. But the amount was far less than the $5.7 billion he was seeking, and Trump then declared a national emergency to take cash from other government accounts to use to construct sections of wall.

The money Trump identified includes $3.6 billion from military construction funds, $2.5 billion in Defense Department money and $600 million from the Treasury Department’s asset forfeiture fund.

The case before the Supreme Court involved just the $2.5 billion in Defense Department funds, which the administration says will be used to construct more than 100 miles (160 kilometers) of fencing. One project would replace 46 miles (74 kilometers) of barrier in New Mexico for $789 million. Another would replace 63 miles (101 kilometers) in Arizona for $646 million. The other two projects in California and Arizona are smaller.

The other funds were not at issue in the case. The Treasury Department funds have so far survived legal challenges, and Customs and Border Protection has earmarked the money for work in Texas’ Rio Grande Valley but has not yet awarded contracts. Transfer of the $3.6 billion in military construction funds is awaiting approval from the defense secretary.

The lawsuit at the Supreme Court was brought by the American Civil Liberties Union on behalf of the Sierra Club and Southern Border Communities Coalition. The justices who lifted the freeze on the money did not give a lengthy explanation for their decision. But they said among the reasons they were doing so was that the government had made a “sufficient showing at this stage” that those bringing the lawsuit don’t have a right to challenge the decision to use the money.

Alexei Woltornist, a spokesman for the Justice Department, said in a statement, “We are pleased that the Supreme Court recognized that the lower courts should not have halted construction of walls on the southern border. We will continue to vigorously defend the Administration’s efforts to protect our Nation.”

ACLU lawyer Dror Ladin said after the court’s announcement that the fight “is not over.” The case will continue, but the Supreme Court’s decision suggests an ultimate victory for the ACLU is unlikely. Even if the ACLU were to win, fencing will have already been built.

House Speaker Nancy Pelosi, D-Calif., issued a statement accusing Trump of trying to “undermine our military readiness and steal from our men and women in uniform to waste billions on a wasteful, ineffective wall that Congress on a bipartisan basis has repeatedly refused to fund.” She said the Supreme Court’s decision “undermines the Constitution and the law.”

Senate Democratic Leader Chuck Schumer of New York called the decision “deeply regrettable and nonsensical.”

Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan would not have allowed construction to begin. Justice Stephen Breyer said he would have allowed the government to finalize the contracts for the segments but not begin construction while the lawsuit proceeded. The administration had argued that if it wasn’t able to finalize the contracts by Sept. 30, then it would lose the ability to use the funds. The administration had asked for a decision quickly.

The Supreme Court is on break for the summer but does act on certain pressing items.
 
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