Homeland Security (DHS) declared that it will use the principle of eminent domain to take possession of land currently held by private ownership. DHS has also presented waivers requesting that the landowners grant DHS personnel access to their property for a 12-month period in order to conduct surveys for the intended construction project. The property owners were informed that if they do not voluntarily allow the federal agents on their property, the U.S. government will file a lawsuit to grant Homeland Security authorities unimpeded access to private land, despite the owners' opposition. Homeland Security has stated that it will seize property even without the consent of landowners if necessary to complete the construction of the border fence.
Many landowners, as well as civic leaders and human rights activists, oppose the U.S. government's plans to allow federal law enforcement agents access to private property. The government's demands and aggressive tactics are in conflict with settled rights of private property ownership and are particularly disconcerting to the indigenous peoples' communities impacted by this undertaking.
Deep Roots of Resistance
The Texas communities along the international boundary zone are largely made up of Native Americans and of land grant heirs who have resided on inherited properties for hundreds of years. Homeland Security plans to complete the Texas portions of the fence before the end of the 2008 calendar year.
"There are two kinds of people in this world, those who build walls and those who build bridges," said Enrique Madrid, Jumano Apache community member, land owner in Redford, and archaeological steward for the Texas Historical Commission.
"The wall in South Texas is militarization," Madrid said of the planned escalation of Border Patrol and military presence. "They will be armed and shoot to kill."
In 1997, a U.S. Marine stationed on the border shot and killed 18-year-old Esequiel Hernandez, who was herding his sheep near his home in Redford. "We had hoped he would be the last United States citizen and the last Native American to be killed by troops," Madrid said during a media conference call on January 7 with Apaches from Texas and Arizona. Instead, the number of people shot and killed or run over by Border Patrol and other U.S. agents has risen sharply as the militarization continues.
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