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1 1 (May 9, 2005)

handle is hein.crs/crsmthabdbf0001 and id is 1 raw text is: Order Code RS22026 Updated May 9, 2005 CRS Report for Congress Received through the CRS Web Border Security: Fences Along the U.S. International Border Bias Nuhez-Neto Analyst in Domestic Security Domestic Social Policy Division Stephen R. Viha Legislative Attorney American Law Division Summary This report outlines the issues involved with the Department of Homeland Security's (DHS's) completion of a three-tiered, 14-mile fence, along the border near San Diego, California. The state of California has delayed completion of the fence due primarily to legal and policy conflicts with its federally-approved, state-run Coastal Management Program. Current authorization for the fence only allows the waiver of the Endangered Species Act and the National Environmental Policy Act. During the 108th Congress proposals were introduced that would have allowed the department to waive a number of other environmental, conservation, and cultural laws and requirements to varying degrees. In the 109th Congress, H.R. 1268 would allow the Secretary of DHS to waive all legal requirements deemed necessary. This report will be updated as warranted. Background The United States Border Patrol (USBP) incorporated the construction of physical barriers directly on the border into their National Strategic Plan in the early 1990s as part of its Prevention Through Deterrence strategy,1 which called for reducing unauthorized migration by placing agents and resources directly on the border along population centers.2 The USBP first constructed border fencing in the San Diego sector, which 1 For an expanded discussion of the USBP, please refer to CRS Report RL32562, Border Security: The Role of the U.S. Border Patrol, by Blas Nufiez-Neto. 2 Until recently the USBP formed part of the Immigration and Naturalization Service (INS). The Homeland Security Act of 2002 (P.L. 107-296) merged most interior and border enforcement (continued...) Congressional Research Service +o The Library of Congress