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Senate Approves Cornyn Measure to Help Combat Carrizo Cane On Border

Amendment to homeland security appropriations bill seeks to maximize efforts to control invasive plant and help Border Patrol, local law enforcement; also introduces separate amendments to extend laser visa period, protect private property rights

WASHINGTON—The U.S. Senate on Tuesday unanimously approved an amendment by U.S. Sen. John Cornyn, Ranking Member of the Immigration and Border Security subcommittee, to help improve efforts to control Carrizo cane. Sen. Cornyn proposed the measure as an amendment to the pending Department of Homeland Security (DHS) appropriations bill. It would require DHS to develop a comprehensive plant to maximize federal efforts and resources to help assist border security and local law enforcement officials control the growing problem along the border, including the entire stretch of the Rio Grande River.

“During my visits to the Texas-Mexico border, I have heard numerous concerns expressed by the Border Patrol and local law enforcement about the problems caused by the invasive plant—Carrizo cane,” Sen. Cornyn said. “This amendment is aimed at aggressively controlling or even eradicating Carrizo cane all together. The danger it creates for border security and local law enforcement officials is well-understood. My amendment is an important step forward to relieve the danger it poses.”

Sen. Cornyn’s amendment calls on the Department of Homeland Security, in coordination with relevant agencies, to study and develop a plan for the entire stretch of the Rio Grande River by looking at all possible methods of managing Carrizo cane, including biological, mechanical, and chemical controls. It would also determine whether the federal government has the resources it needs to aggressively control or eradicate Carrizo cane.

In addition, his proposal will provide numerous benefits, including water conservation, enhanced border security and other advantages. If implemented, the proposal could affect siting of some border fencing and barriers.

Carrizo cane is a robust perennial grass that can grow to more than 27 feet tall. It grows in thick, multi-stem clumps that resemble bamboo and forms large colonies. Carrizo colonies begin at the riverbanks on both sides of the Rio Grande River and run inland several hundred feet. The thick colonies of Carrizo also make a majority of the riverbanks inaccessible to Border Patrol Agents. As a result, it potentially provides an all too convenient hiding place for illegal crossers as well as cover for other illegal activity.

Sen. Cornyn’s amendment builds on past efforts already underway, as there are several current and ongoing efforts to address the problem.  Beyond the efforts of the Border Patrol, other federal agencies, including the U.S. Department of Agriculture, National Parks Service, the US Army Corps of Engineers and the International Boundary and Water Commission, are studying and demonstrating ways to control Carrizo. There are also significant local and state efforts.

--Additional amendments Sen. Cornyn proposed to the pending Homeland Security bill--

Extend laser visa period: “Extending the laser visa period maintains security while allowing legitimate trade and commerce, which are the life-blood of our border communities. Laser visa holders are fully screened before being issued secure travel documents and are checked again at the border. Many of them come here to do business and spend money, boosting the economy in South Texas.”

This amendment permits laser visa holders—temporary, fully screened travelers from Mexico—to stay in the United States up to six months. It extends the length of stay for these visitors from 30 days to six months, or similar to Canadians.

Protect Private Property Rights: “I’ve been pleased to work with my colleague, Senator Hutchison, to insist upon consultation with local elected officials and property owners to achieve the most effective means of border security, recognizing that our objective is nonnegotiable. But how we get there, I think, should be the subject of consultation and negotiation.”

“Most of the property along the Rio Grande River in Texas is private property. I’m not sure the border patrol has really thought through this fencing and what it would mean to defend private property along the border in Texas. We must make intelligent decisions about how to most effectively accomplish the nonnegotiable goal of border security, given the fact that a lot of that property is private property and would require, if fencing was going to be built on it, that some sort of eminent domain proceeding would go forward.”

Two Cornyn amendments are designed to protect private property. The first calls on the Department of Homeland Security to produce a report to Congress on its plans to condemn private property along the border in Texas. The second protects landowners from civil liability for injury or damage that may occur during a border enforcement action on their property (i.e. from suit by an individual injured on their property or claims of property damage from other an adjacent landowner).

Sen. Cornyn serves on the Armed Services, Judiciary and Budget Committees. In addition, he is Vice Chairman of the Senate Select Committee on Ethics. He serves as the top Republican on the Judiciary Committee’s Immigration, Border Security and Citizenship subcommittee and the Armed Services Committee’s Airland subcommittee.

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