Saturday, November 1, 2008

Valley Morning Star: U.S. DHS Makes Unusual Single Concession on Border Wall for Old Nye Plantation Property

http://www.valleymorningstar.com/news/border_38183___article.html/fence_irwin.html

Border fence OK, but not in my house

November 1, 2008 - 10:01AM

CHRISTOPHER SHERMAN/The Associated Press

BROWNSVILLE - Dorothy Irwin is one of the Border Patrol's staunchest local supporters and was a fan of the proposed border fence - until she found out it would run right through her house.
But on Friday, the federal government made a major concession to help Irwin save her land.
It has been an awkward situation for Irwin, 68, as she balances her belief that a fence is needed to secure the U.S.-Mexico border with her need to protect the 19th-century plantation that her grandparents moved onto more than 80 years ago.
She says the government is right to build the fence, but wrong to seize private property as much as two miles inland from the Rio Grande, destroying the homes of the very people it set out to protect.
The case of the Old Nye Plantation has been discussed at levels as high as Washington, D.C., among U.S. Customs and Border Protection officials, but is now back in the hands of U.S. District Judge Andrew Hanen in Brownsville.
"This is the first situation we've had where someone said, 'Hey, this fence is coming through my house,"' Hanen said two weeks ago when he ordered Irwin and the Department of Homeland Security to come up with a compromise.
On Friday, Assistant U.S. Attorney Daniel Hu told Hanen they might have a plan.
In a major concession to a single landowner, the federal government has proposed building a massive concrete retaining wall into the river side of the levee that skirts the south side of Irwin's singlestory white wooden house and several brick buildings that date back to 1885 on the 600-acre farm. The design will allow Irwin to still see the distant tree lines and the hundreds of acres that run down to the Rio Grande.
Without the compromise, an 18-foot fence would have been built on the north side of the levee, nearly abutting Irwin's house, and the patrol road would have run right through the middle of Irwin's home. Two-thirds of her farm will be behind the fence, accessible only through locked gates from the United States, but open to those crossing the river from Mexico.
"Obviously we don't want a fence there at all," said Irwin's attorney Kimberli Loessin, but she conceded the government was accommodating her client's primary concern.
While the cost has not been set for the compromise plan, similar barriers under construction in neighboring Hidalgo County have run upward of $8 million per mile, or about four times the cost of regular fence sections.
Cameron County, whose leaders have vocally opposed the fence, has sought a similar concession unsuccessfully for months. After Friday's hearing, Irwin hugged three Border Patrol agents.
"It's important for residents and the Border Patrol to work together," Irwin said later. "If Border Patrol has to fight the residents and the bad guys all the time, how's it going to protect us?"
At a gathering of similarly affected neighbors earlier this summer, Irwin began her prepared remarks by stating her strong support for Border Patrol and its mission.
"We have done our best to work with the Border Patrol, we think very highly of all our agents and our continual desire is to fully support to the best of our ability these men and women who protect our front line and the communities along the border," Irwin said.
But while saying she believed in the need for the fence - a structure widely opposed along the 1,900-mile Texas-Mexico border - she questioned the need to build it as far as two miles from the border. Irwin said the federal government was "thoughtlessly handing land from the levee to the river over to Mexico, illegals and/or wildlife."
U.S. Customs and Border Protection, which is overseeing the project, had said the fence had to be built on the north side of the levee to avoid diverting the flow of floodwaters and breaking international treaties with Mexico. The agency has stuck to this argument in many cases, but in others, has made concessions like a removable fence in the floodplain.
Some details remain for Irwin to hammer out with the government on their compromise, but Hu said the International Boundary and Water Commission has given an expedited technical approval for the plan.
Both sides are scheduled to return to court Nov. 20.
As of Oct. 22, the government had built 216 miles of pedestrian fencing along the U.S.-Mexico border and 154 miles of vehicle barriers. Congress had called for 670 miles of barriers along the U.S.-Mexico border to be completed by the end of the year. More recently Homeland Security Secretary Michael Chertoff has said having all the fence sections under contract by the end of the year is more likely.
Of the 110 miles of fence planned for Texas, only 3.3 miles are complete, according to Customs and Border Protection.

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DECOLONIZATION & INDIGENEITY

LAW-Defense is re-structuring our web presence based upon on-going dialogues with Nde' peoples of Konitsaii Gokiyaa. Key Themes are:

Indigenous Peoples' Knowledge
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History, historical correction and recovery Self-determination in social, economic, spiritual and political realms,
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ABOUT US~~LIPAN APACHE WOMEN DEFENSE

Lipan Apache Women Defense (El Calaboz Rancheria) organized in the summer of 2007 to address centuries and recent decades of land-based struggles, recognition, territories, self-determination, and indigenous peoples' world views.

Lipan Apache Women Defense (LAW-Defense) is an Indigenous Peoples' Organization. It supports local capacity building, documentation, research, and investigations related to Indigenous peoples' rights affirmed in the U.N. Declaration on the Rights of Indigenous Peoples, ratified in 2007, and adopted by the United States on December 16, 2010.

LAW-Defense documents and advocates for the rights of the indigenous originarios, Nde', and Nakaiiye-Nde lineal clan members of Lipan Apache peoples who are the Real People: original rancheria communities along the Rio Grande/Rio Bravo.

Our projects embrace Indigenous Peoples' rights, as taught, transmitted, and upheld by the Elders and Knowledge Keepers.

Context:
Lipan Apache women of El Calaboz Rancheria took up the cultural, social, legal, political, and economic protection against armed and forced dispossession of Indigenous Peoples' lands by the U.S. D.H.S. et al.

We organized community support, empowerment and decision-making processes to protect integral and inherent Indigenous relationships to lands, sacred sites, burial grounds, and biodiversity in the face of a series of armed and forced takings of local peoples' lands, as a direct consequence of the implementation of the U.S. Secure Fence Act of 2006.

The Secure Fence Act of 2006, Sec. 102, provided the Secretary (Department of Homeland Security) the unilateral power to waive 36 Federal laws and this laid the pavement for destruction of languages, kin-ship practices, ceremonies, traditional medicinal knowledges, burial grounds, sacred sites, subsistence herding and farming, and cultural restoration projects already in implementation by local leaders. See, "Constitution Free Zone."

Indigenous peoples from the El Calaboz Rancheria lineal clans stood firm against the U.S. possession of traditional lands. Securing our lands, resources, livelihoods, ecologically-based economies, and way of life are at the heart of the matter for Indigenous Peoples of the Lower Rio Grande, who continue to struggle against settler and state violence stemming from colonization by Spaniards in the early 1520s, and subsequent waves of settlement, development, and privatization by Euro-American colonizers.

The United States and Nde' Customary Perspectives
In U.S. law, there are significant legal fictions which assume the religious and racial superiority of Euro-American settler juridical systems above those of indigenous peoples inherent and inalienable rights to self-governance, lands and territories. The following models entail excessive aggression and armed violence, which were used to dispossess lands illegally through force and coercion against Lower Rio Grande River communities:
1. Eminent Domain,
2. the Declaration of Taking, and
3. Condemnation Proceedings.

Impacted Nde' and Nnee Peoples of the Texas-Mexico Border--Beyond the Doctrine of Discovery
Specifically impacted Indigenous people, the Lipan Apache, Jumano-Apache, and Mexican-American land grant peoples whose ancestors' presence in the hemisphere pre-date European conquest.

The Lipan Apache Women Defense organized legal, social, cultural and political resistance to U.S. militarized violence, abuse of state power, and abuse of the Rule of Law

This work raises critical questions and organizes forums for serious debate, participation and collective decision-making about Indigenous inherent Aboriginal Title, and the State's sovereignty.

To date, the U.S. border wall project has been unsuccessful in El Calaboz Rancheria, Lower Rio Grande Valley, South Texas because it has not achieved its goal: genocide and erasure of Indigenous peoples, presence, history, creativity, and resilient spirit.

By foregrounding community organization, documentation, research and education the Lipan Apache Women Defense has strengthened the Indigenous People's resolve to persist in Indigenous, U.S. and International law systems to restore democratic principles and rule.

PLEASE SUPPORT OUR EFFORT to PROTECT INDIGENOUS LAND RIGHTS ALONG THE BORDER AND BORDER WALL.
(FEBRUARY 2012)