Texas Fight Over Illegal Immigrant Border Fence

A Texas county has filed an appeal with the U.S. Supreme Court in the latest bid to stop construction of hundreds of miles of fencing along the U.S.-Mexico border.

Lawyers for El Paso County say that U.S. Homeland Security Secretary Michael Chertoff overstepped his legal authority when he waived 37 federal laws that could have slowed or blocked construction of fencing along the border.

Attorneys for the county also allege that Chertoff violated the 10th Amendment. It grants states the right to enforce laws that are neither prohibited by the federal government nor delegated to it.

Congress authorized the fence to help secure the border. It gave Chertoff the power to waive the federal laws in 2005. Homeland Security officials say they expect to prevail.


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  • by Rick Location: Washington on Dec 14, 2008 at 08:50 PM
    I think an exotic new fence that probably won't work as sold is a cost we don't need now. However the feds could seize the assets of businesses that are caught employing illegals, and use the money from their sale to seize more. Might help reduce our immigration management costs and open business opportunities for entrepreneurs that will follow the law and employ legal workers that need jobs.
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