Note: The opinions and comments stated in the following article, and views expressed by any contributor to In Homeland Security, do not represent the views of American Military University, American Public University System, its management or employees.
By Sylvia Longmire
Contributor, In Homeland Security
On Jan. 25, President Donald Trump signed an executive order directing “executive departments and agencies to deploy all lawful means to secure the Nation’s southern border, to prevent further illegal immigration into the United States, and to repatriate illegal aliens swiftly, consistently, and humanely.” The order outlined several specific actions to be taken to accomplish these goals. However, the means required to fund these actions and obtain appropriate authorizations were not explained in any detail, leading many to question if the order is plausible or just legal rhetoric designed to placate Trump supporters.
It’s a Wall – Not a Fence
The document addresses the two major border-related issues of fencing and immigration. While the order derives authority for a new barrier under the existing Secure Fence Act of 2006, there is a significant difference in language. In Trump’s executive order (and in his speeches), he specifically refers to a “wall,” not a fence, defined as “a contiguous, physical wall or other similarly secure, contiguous, and impassable physical barrier.”
Much of the existing 672 miles of border fencing does not meet this requirement, as roughly half of it consists of vehicle barrier only—mostly Normandy-style and post-and-rail fencing designed to prevent only the passage of cars and trucks. The other half consists of different types of pedestrian barriers, to include mesh fencing found in San Diego and El Paso sectors and bollard posts found in Yuma and Rio Grande sectors.
While the Secure Fence Act directs the construction of 700 miles of double-layered fencing, Trump’s executive order does not specify the length of the wall to be constructed. It says the Secretary of Homeland Security should “take all appropriate steps to immediately plan, design, and construct a physical wall…to most effectively achieve operational control of the southern border.”
The concept of operational control along the border has been debated for years, and centers around the U.S. Border Patrol’s capability to identify, as well as successfully apprehend, illegal border crossers. Recent agency estimates place the overall level of southern border control at approximately 44 percent and the northern border at 2 percent.
Federal Funding by Congressional Approval?
An additional concern arises from the vagueness of the order’s wording with regards to obtaining funding for the proposed border wall. It instructs the Secretary to “identify and…allocate all sources of Federal funds for…a physical wall,” and to “project and develop long-term funding requirements…including preparing Congressional budget requests.” This verbiage provides evidence that Trump is not currently planning to pursue much-touted funding sources within the Mexican government for the wall, nor through taxes on cross-border commerce or remittances from Mexican nationals working in the U.S. By all measures, the order clearly indicates funding will have to be provided via congressional approval.
In what is arguably the most confusing item in the executive order, Trump requires the Secretary to provide “a comprehensive study of the security of the southern border…that shall include the current state of southern border security…and a strategy to obtain and maintain complete operational control of the southern border.” It is important to note Trump requests this assessment after ordering the immediate construction of the border wall. Previous analyses have indicated that, while working within budget constraints, the best way to secure the border is a combination of fencing, technological surveillance, and human/canine presence and monitoring.
It is unclear how President Trump might modify his demand for a border wall if this new assessment indicates such a barrier is either unnecessary from a security standpoint or implausible from a logistical and financial perspective.
About the Author
Sylvia Longmire is a former officer and Special Agent with the Air Force Office of Special Investigations and worked for four years as a Senior Intelligence Analyst for the California State Threat Assessment Center, specializing in southwest border violence and Mexico’s drug war. She received her Master’s degree from the University of South Florida in Latin American and Caribbean Studies, and she is an award-winning writer and contributing editor for various media outlets.
Ms. Longmire has consulted for the producers of the History Channel and National Geographic Channel, and is regularly interviewed by national, international, and local media outlets for her knowledge and expertise on drug war and border security issues. She is the author of Cartel and Border Insecurity, both nominated for literary awards, and she has written for numerous peer-reviewed academic journals and online publications.
Comments are closed.