California agency picks birds over safety effort

A California state agency has rejected the Homeland Security Department’s effort to fortify the U.S.-Mexico border to safeguard defense facilities from terrorists and ebb the flow of illegal aliens, saying it would harm endangered species.

Congress mandated the Bureau of Customs and Border Protection (CBP) to build secondary and triple fences along the 14-mile stretch from the Otay Mesa Border to the Pacific Ocean, dubbed “Operation Gatekeeper.”

However, the California Coastal Commission concluded Wednesday that the last phase of the project “does not properly balance border patrol and resource-protection needs.” The independent, quasi-judicial state agency voted unanimously against the project.

The report said the “environmentally sensitive habitat” is home to three endangered birds: the least Bell’s vireo, Southwestern willow flycatcher and coastal California gnatcatcher.

“The operation might succeed, but the patient may die,” commissioner John Woolley said.

The CBP can ignore the commission’s decision and move forward with the project, but the commission could block the project in federal court. The final decision could be made by President Bush, who has the power to trump a court ruling under federals laws that manage coastlines.

Mike Nicley, chief patrol agent for the San Diego sector, said the project has had a “dramatic impact” blocking what was historically “easy access” for illegal aliens. Last year, 100,000 border crossers were stopped, compared with half a million in previous years.

“Where we once got thousands a month is down to a trickle,” Mr. Nicley said.

Federal officials will first go back to the drawing board to address the commission’s concerns and further mitigate any impact on the environment while still carrying out the Homeland Security Department’s mission.

“The two missions are not mutually exclusive,” Mr. Nicley said. “We are able to secure the nation and not run roughshod over the environment. We have been very good stewards of the environment.”

Equally damaging to the environment are stolen trucks used by aliens to cross the border, he said.

“It’s really very damaging to the habitat in sheer numbers.”

Rep. Duncan Hunter, California Republican, supported the project that is also geared to stop drug smugglers and protect military facilities including the San Diego Naval Station.

“The porous nature of this border area poses an unnecessary security risk,” Mr. Hunter said in a letter to Navy Secretary Gordon R. England.

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