[xmca] Fwd: Homeland Security builds wall on UTB campus despite agreement

Hi,

Sorry to interject this off any current topic...but it is timely and
hopefully of interest/concern.

In Peace,
K.

Sent from my iPhone

>
>

> Dear all,
> The Department of Homeland Security (DHS) planned to build a fence
> along and through our university campus which lies at the Mexico-
> Texas border. Our university and the university of Texas system
> filed a suit to halt this action. An agreement was made which was
> much more reasonable. However, the DHS is now ignoring this
> agreement and forcing its way onto our campus. Below is the letter
> from our president, Dr. Juliet García, to the campus community outli
> ning the events. It makes one wonder about our democratic system.
> Yvonne
>
> Yvonne S. Freeman, Ph.D,
> Professor, Bilingual Education
> Department of Curriculum and Instruction
> School of Education
> The University of Texas at Brownsville
> 80 Fort Brown, Brownsville, TX 78520
> tel 956 882 5725
> yvonne.freeman@utb.edu
> web page UTB
> http://soe.utb.edu/ci_faculty_yfreeman.php
>
>
>
>
> -----Original Message-----
> From: UTB FACULTY on behalf of News And Information
> Sent: Thu 6/19/2008 6:46 PM
> To: UTBFACULTY@LISTSERV.UTB.EDU
> Subject: A Message from the President
>
>
>
>
>
>
>
> June 19, 2008
>
>
>
>
>
>
>
>
>
>
>
> Dear Friends,
>
> At the beginning of this year, the federal government filed a
> lawsuit against UTB/TSC seeking a right of entry that would allow
> federal agencies to survey land for the proposed U.S.-Mexico border
> fence. Just prior to the hearing on that suit, scheduled for March
> 19th, the University and the Department of Justice entered into an
> agreed order that allowed limited access to campus, but required
> investigations to study alternatives to a border fence and the
> impact of additional security measures.
>
> The agreed order was significant for a number of reasons. While the
> original request for entry by the Department of Homeland Security
> (DHS) had asked for 18 months of unlimited access into the very
> heart of our campus and absolved DHS from any damages that might
> result from its work on our campus, the agreed order limited access
> to 6 months on a much smaller area restricted to the land adjacent
> to the levees and required DHS to either repair the damage or make
> an appropriate settlement. The order also specified that DHS would
> not be allowed to clear land or otherwise alter the physical
> landscape of the university, required DHS to give Campus Police
> prior notice of all activities on the property, and take all
> reasonable action to promote safety and minimize any impact on our
> educational activities.
>
> By entering into the agreement, DHS consented to consider our unique
> status as an institution of higher education, to jointly assess
> alternatives to a physical barrier, and to conduct investigations in
> order to minimize the impact of any tactical infrastructure on the
> environment, culture, commerce and quality of life for the
> communities and residents located near the University.
>
> Finally, the agreed court order was also significant because the
> judge recommended that DHS consider using the process set out as a
> template for dealing with other landowners regarding the border fence.
>
> Therefore, in good faith we agreed to allow DHS access to our campus
> under the terms of the agreed order, and we have been attempting to
> collaborate fully with representatives from DHS, Customs and Border
> Patrol, and the U.S. Army Corps of Engineers. However, continuous
> attempts to try to work together with DHS have been futile. Instead,
> contrary to its earlier agreement, DHS has bluntly stated that it is
> not interested in seeking alternatives.
>
> We, on the other hand, have proceeded to comply with the court
> order, investing hundreds of hours of time and engaged the services
> of experts at our own expense to seek alternative mechanisms for
> providing a secure border and safety for our students and university
> community.
>
> Our attempts to work responsibly and transparently and to engage DHS
> in the joint assessment process have been summarily dismissed.
> Instead, DHS has unilaterally proceeded on its original plans for
> constructing a fence.
>
> The land on which they seek to build the fence would effectively
> slice off up to 180 acres of university property from the rest of
> the campus, severely curtailing critical and valuable expansion land
> for the university's future growth and relegating the property to a
> "no-man's land."
>
> DHS has decided to renege on their March 19th agreement to work with
> us and instead is attempting to force upon us a fence that it knows
> to be poorly sited. DHS explains this lesser choice as a
> consequence of needing to satisfy a deadline set in the Secure Fence
> Act. While it should be demanding the means to offer the best
> solution, it instead seems willing to rush into a less effective,
> more expedient one.
>
> Many, both inside and outside DHS, worry that the fence will
> actually have negative unintended consequences. We have good reason
> to worry that the proposed fence will, in fact, reduce the security
> of students and the community and believe that the local community
> and the nation at large would be better served by a more deliberate
> approach to this urgent need.
>
> Today, we filed a Motion for Relief in federal court. The filing was
> in reaction to a notice we received from the Department of the Army
> informing us that they intend to seize 2.11 acres of university land
> on which to construct the border fence. The motion asks the court to
> enforce the provisions of the Order of Dismissal agreed upon in
> March. Federal Judge Andrew S. Hanen immediately took note of our
> motion and has set a hearing for June 30th.
>
> The University of Texas at Brownsville and Texas Southmost College
> share the commitment that Congress and our nation has to protecting
> our homeland. We know that America's security is a national
> responsibility. However, we also know that what is needed is
> authentic security, which can only be achieved when it deploys all
> of our assets, including fully resourced enforcement, a stable
> economy, trustworthy and open governance, and an educated citizenry.
>
> Further, we are duty bound to preserve the safety and security of
> our students, faculty and staff. We believe in protecting our
> borders. But we also believe that the rule of law and the principles
> that guide our democracy must also be protected. These include open
> and fair government processes and the property rights of individuals
> and state institutions. We deserve to be treated fairly and given
> the due process afforded by our laws. No more, but certainly not
> less.
>
>
>
> Sincerely,
>
> Juliet V. García, Ph.D.
>
> President
>
>
>
>
>
>
>
>
>
>
> About this e-mail: If you do not wish to receive future e-mail
> messages on this subject, you may unsubscribe <mailto:unsubscribe@utb.edu?subject=Unsubscribe%20from%20mailing%20list
> > or email your request to newsandinfo@utb.edu
>
>
>
>
>
>
>
>
>
>
>
>
>
>
_______________________________________________
xmca mailing list
xmca@weber.ucsd.edu
http://dss.ucsd.edu/mailman/listinfo/xmca
Received on Fri Jun 20 10:50 PDT 2008