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FOR IMMEDIATE RELEASE: January 11, 2008
CONTACT: Matt Mackowiak

Senator Hutchison's Border Amendment: Myth V. Fact

Myth: The language “gutted” the border fence.

FACT: The amendment mandates 700 miles of fence along the U.S. – Mexico border. Of that, 370 miles of fence must be completed by the end of 2008. The Secure Fence Act did not have a requirement of 370 miles of fencing by December 2008.

Myth: The border fence language was “deceptively” passed.

FACT: The border fence language passed four separate times over 7 months:
• The Comprehensive Immigration Reform Act of 2007 – May 23, 2007
• The FY 2008 Department of Homeland Security Appropriations Act – July 26, 2007
• The FY 2008 Department of Defense Appropriations Act – October 3, 2007
• The Omnibus Appropriations bill – December 18, 2007

Myth: The House of Representatives was unaware of the language.

FACT: It is troubling and unsettling for the ranking member of the House Homeland Security Committee to claim to be unfamiliar with an amendment that passed in the homeland security appropriations bill, the comprehensive immigration reform bill, and ultimately, the omnibus bill for which he voted. Further, Senate Majority Leader Bill Frist and Speaker of the House Dennis Hastert sent a letter to all four Chairmen of committees with jurisdiction, including then-Chairman Peter King of the House Homeland Security Committee, in September of 2006 explaining the need to amend the Secure Fence Act to provide more flexibility and consultation for locals.

Myth: The border fence language has little support among border representatives.

FACT: All Senators representing the four states that border Mexico, Senators John Cornyn (R-TX), Jon Kyl (R-AZ), John McCain (R-AZ) Pete Domenici (R-NM), Jeff Bingaman (D-NM), Dianne Feinstein (D-CA), and Barbara Boxer (D-CA), have co-sponsored this language. Additionally, all three times the amendment was considered prior to the Omnibus Appropriations bill, it passed unanimously.

Myth: A double-layer fence is the only way to secure the border.

FACT: Customs and Border Protection (CBP) has indicated that double layer fencing is not the most effective in all cases. Coyotes and drug runners are moving their trails based on designated fencing locations. Therefore, CBP needs flexibility to place new fencing where new routes are appearing to achieve operational control of the border. In a number of meetings with Senator Hutchison’s staff, Border Patrol officials asked for the flexibility to locate the fence in places along the border that represent the highest threat.



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