Senate denies funds for new border fence

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Kris Kobach, who was a counsel to the attorney general under John Ashcroft, told a House subcommittee last week that one of the most unusual aspects of the Senate bill is a provision — slipped into the more-than-800-page bill moments before the final vote — that would require the United States to consult with the Mexican government before constructing the fencing.

“I know of no other provision in U.S. law where the federal government requires state and local governments — every state and local government on the border — to consult with state and local governments of a foreign power before the federal government can act,” he said.

“Now, from my experience as a Justice Department official, when we had consultation requirements with the State Department, just getting two agencies in the executive branch to consult took months or years,” said Mr. Kobach, now a professor at the University of Missouri-Kansas City School of Law. “If you add this, three levels of government and a foreign power, your delay” will never end.

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