Washington – No sooner did Congress authorize construction of a 700-mile fence on the U.S.-Mexican border last week than lawmakers rushed to approve separate legislation that ensures it may never be built, according to Republican lawmakers and immigration experts.
GOP leaders have singled out the fence as one of the primary accomplishments of the recently completed session.
Many lawmakers plan to highlight their $1.2 billion down payment on its construction as they campaign in the weeks before the midterm elections. But shortly before recessing last week, Congress gave the administration leeway to distribute the money to a combination of projects – not just the physical barrier on the southern border.
The funds may also be spent on roads, technology and “tactical infrastructure” to support the Homeland Security Department’s preferred option of a “virtual fence.”
What’s more, in a late-night concession to win over wavering Republicans, GOP congressional leaders pledged in writing that American Indian tribes, politicians and local leaders would get a say in “the exact placement” of any structure, and that Homeland Security Secretary Michael Chertoff would have the flexibility to use alternatives “when fencing is ineffective or impractical.”
The loopholes leave the Bush administration with authority to decide where, when and how long a fence will be built, except for small stretches east of San Diego and in western Arizona.
“It’s one thing to authorize. It’s another thing to actually appropriate the money and do it,” said Sen. John Cornyn, R-Texas.
President Bush signed the $34.8 billion homeland security budget bill Wednesday without referring to the 700-mile barrier. Instead, he highlighted the $1.2 billion that Congress provided for an unspecified blend of fencing, vehicle barriers and technology such as ground-based radar, cameras and sensors.



