President Signs Secure Fence Act of 2006

On 10/26/06, President Bush signed into law the Secure Fence Act of 2006 (H.R. 6061), legislation which authorizes 700 miles of fencing along the Southwest border with Mexico. This event raises a number of issues. Will this fence work? Does this fence get to the heart of the problem? Will the fence even be built?

First, the American Immigration Lawyers Association (AILA) points out that it is questionable whether the 700-mile fence will actually be built. Congress has actually only appropriated $1.18 billion to build the fence, which will likely only build approximately 90 miles of fence, according to experts. To build the entire 700 miles would actually cost more than $7 billion.

Apart from the fact that building the fence is not a "done deal", is the more important question of whether it would be effective in solving America's illegal immigration problem. Carlina Tapia-Ruano, President of AILA points out:

Studies show and experts agree that the fence will have a minimal impact on reducing unauthorized migration. Not only will migrants go through, over, or under it to find jobs in the United States, but approximately 40% of undocumented immigrants enter through our legal ports of entry and remain past the expiration dates of their visas. The fence will not stop that from happening.

AILA also asserts:

The proposal also fails to deal with the fact that we have 12 million people already living and working in this country without authorization. Any effective legislation must squarely address the difficult economic and social issues that drive migrants to surmount any barrier the government builds. The fact remains that our immigration laws must provide new channels to facilitate the legal entry of those coming to perform needed services in our economy and to reunite with close familiy members who already have long and deep ties here. Any meaningful and effective immigration reform must establish a new temporary worker program and create a path to citizenship for long-term, law-abiding and tax-paying immigrant workers.

So, if the fence might not even be built, and would likely be ineffective if it were built, why was this legislation passed in the first place? Ms. Tapia-Ruano called today's signing into law of the Secure Fence Act by President Bush "a simple political gesture, and a waste of taxpayers' money. This enforcement-only measure provides cover for those in Congress in need of help with their re-election prospects and only serves to mask the fact that Congress isn't dealing with immigration."

Of course, Republicans could argue that they had to try something since the comprehensive immigration reform legislation did not pass. Nonetheless, the bottom line seems to be that the fence is not a done deal, i.e., additional appropriations will be needed to actually build the entire 700 miles, and it is questionable whether the fence would actually put a dent in the problem since "40% of undocumented immigrants enter through our legal ports of entry and remain past the expiration dates of their visas."

What do you think? Comment below.