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RS22026Environmental Policy

Border Security: Fences Along the U.S. International Border

Federal & State Law Editorial TeamLast reviewed: January 2005
January 13, 2005

Summary

This report outlines the issues involved with the Department of Homeland Security’s (DHS’s) completion of a three-tiered, 14-mile fence, along the border near San Diego, California. The state of California has delayed completion of the fence due primarily to legal and policy conflicts with its federally-approved, state-run Coastal Management Program. Current authorization for the fence only allows the waiver of the Endangered Species Act and the National Environmental Policy Act. During the 108th Congress, a variety of proposals were introduced that would have allowed the department to waive a number of other environmental, conservation, and cultural laws and requirements to varying degrees. Similar proposals are likely to surface again during the 109th Congress.

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Note: CRS reports are prepared for Members of Congress and their staffs. This summary is provided for informational purposes and does not constitute legal advice.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.