Jeff Bingaman United States Senator from New Mexico

WASHINGTON – U.S. Senator Jeff Bingaman today asked the Bush administration to justify the need to waive more than two dozen laws in order to construct planned fencing along several hundred miles of the U.S.-Mexico border.

Homeland Security Secretary Michael Chertoff today announced he was waiving a variety of laws to construct nearly 470 miles of pedestrian and vehicle fencing, and to install towers, sensors, cameras, and other detection equipment. The Department of Homeland Security informed Bingaman that its announcement affects 111 miles in New Mexico.

Bingaman has been a strong supported of strengthening security along New Mexico’s border with Mexico. He has secured more than $8 million for New Mexico National Guard’s counterdrug initiative, which is aimed at fighting drug trafficking and assisting with the construction of vehicle barrier along the border.

But Bingaman said it is unclear to him why the Bush administration needs to waive laws such as the Native American Graves Protection and Repatriation Act, the Religious Freedom Restoration Act, and the Noise Control Act in the construction of the fencing. In separate letters, Bingaman urged both Chertoff and Interior Secretary Dirk Kempthorne to justify the need for these blanket waivers.

“I favor constructing barriers along the border where Border Patrol agents think they will help them do their job. In fact, I have helped secure millions of dollars for vehicle barriers in New Mexico. But I have not yet heard any justification for why the Bush administration cannot abide by current laws in the construction of this fence,” Bingaman said.

In his letter to Chertoff Bingaman wrote: “I share your desire to improve security along the border and I agree that there may be certain instances where it is necessary to waive legal requirements; however, there must be a sound justification for doing so.”

Bingaman also wrote to Kempthorne because Chertoff indicated in his announcement that the interior secretary urged him to take action.

“While I think it is appropriate for the Secretary of Homeland Security to have the authority provided by law, I am troubled that Secretary Chertoff’s sweeping waiver of Federal environmental laws gave no reason why the waiver is necessary ‘to ensure expeditious constructions of the barriers and roads’ authorized by the REAL ID Act. While the Act gives the Secretary the unilateral authority to waive those laws, I always understood that the Secretary would make that determination only to the extent necessary, after careful consideration and analysis,” Bingaman wrote to Kempthorne.