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TThe news is full of images of migrants massing on the US-Mexico border near the San Ysidro Passage in California. Why have not they been able to enter the United States? Because a physical barrier prevents them.
It's just another example of a fence – a fence, a wall, whatever – providing real security at the border.
Of course, President Trump's major election promise was to build a wall on the US-Mexico border. Until now, for nearly two years in power, he has barely made progress in achieving this goal. Trump had the opportunity to earn funds in exchange for an amnesty for the beneficiaries of President Barack Obama's deferred action policy for child arrivals, or DACA. But the White House charged its wall proposal with additional demands, and that never happened.
Building a wall would cost about $ 25 billion. Trump often says that he has already received $ 1.6 billion to start working. But Congress has specifically dictated that most of this money do not to be used for the president's wall. Part of it can be used to build new fences – not the wall designs tested by the administration – while others are limited to replacing existing fences.
It has been said that Trump could earn $ 5 billion for wall funding during the lame session as Republican legislators of the House complete their last weeks of power. The chances of this happening are not good.
So what now? Even though border events show the value of a wall, Washington's policy makes it impossible to build a wall. What to do?
First, understand the problem. In California, migrants target a part of the border where there is a barrier. But much of the 1,954 miles of the border remains to be discovered. According to the Border Patrol, 354 of these 1,954 miles are protected by what is called a primary pedestrian fence, which is a single-layer fence. Another 37 miles is a secondary pedestrian fence, which is a double-layer fence. And 14 miles are pedestrian tertiary, or a three-layer fence. In addition, 300 miles are covered by a vehicle fence, which will stop a truck but allow anyone to cross without problems.
This represents a total of 705 miles – 405 miles of pedestrian fences and 300 miles of vehicle fences.
Nobody or almost says that a fence should cover the 1,954 miles of the border. An important part of the border is a terrain so dangerous and imposing that it would be very difficult for migrants to cross. During the campaign and during his presidency, Trump called for a wall of about 1,000 miles.
"We have 2,000 miles [of border], which we really need 1,000 miles because you have a lot of natural barriers, "said Trump in August 2016.
But the Democrats even oppose it. And since Republicans could not get through the wall when they controlled the entire Congress and the White House, how could they do it now, with Representative Nancy Pelosi, D-Calif., House Leader?
Still, there is a possible course for Republicans. This is Public Law 109-367, better known as the Security Barrier Act.
The law was passed by major bipartite majorities in 2006, with 283 votes in the House and 80 in the Senate. The federal government had to build fences reinforced at least two layers deep about 700 miles from the border. It specified areas in California, Arizona, New Mexico and Texas where fences would be installed.
If the law had been followed, many vulnerable parts of the border would now be secure. But the following year, in 2007, after Democrats gained control of the House and Senate, Congress changed the law on the security fence. The amendment said that "nothing in [the original legislation] requires "the installation of a fence if the government determines that a fence is not the" most appropriate "way to secure the border.
That was it. No 700 miles of fence.
The history of the Secure Fence Act is a perfect example of why so many Americans are wary of their government. In 2006, an election year, a bipartisan consensus was adopted to pass a law requiring the construction of a border fence. In 2007, after the elections, a bipartisan consensus emerged to not apply it.
Still, public law 109-367 remains in force. And that always calls for a border fence.
What the President needs is money, and it has to come from Congress. Of course, the Democrats will not want to give it to him. But if Trump asked for a loan to finance the closing, he would have at least one new argument: Democrats already voted for the fence. And not just illustrious former Democratic senators like Barack Obama, Joe Biden and Hillary Clinton. Democrats in power now too.
Senator Chuck Schumer, the leader of the minority, voted for the law on the security fence. Senator Dianne Feinstein did it too. Senators Ron Wyden and Sherrod Brown did the same. (Brown voted for this when he was in the House.)
In the House, Bishop, Brown, Cooper, DeFazio, Kind, Lipinski, Lynch, Maloney, Pascrell, Peterson, Ruppersberger, Ryan and Smith all voted for the Secure Fence Act.
Clearly, the Democratic Party has gone much further to the left over immigration over the past 12 years. Many, if not all, of these Democrats would now oppose what they had previously supported, especially if President Trump wanted it. So any struggle on a border fence would be difficult for the president.
But masses of migrants are pushing towards the border. And even when the caravans are gone, illegal crossing of the border is still common. Legislation in force could strengthen border security. Why would the president not try?
Claude Thompson contributed to the research.
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