County won't join lawsuit against DHS over fence

Cameron County will not join a federal lawsuit against the U.S. Department of Homeland Security and Secretary Michael Chertoff protesting the construction of the border fence.

The item was placed on Tuesday's County Commission meeting by Precinct 2 Commissioner John Wood, but never went to a vote for lack of support.

None of the other commissioners or county judge made a second motion to bring the item up for discussion.

Wood decided to place the item on the agenda following last week's meeting where County Judge Carlos H. Cascos announced the border fence would go up.

Wood said the county could join the lawsuit at a fee of $5,000 or pay its dues to the Texas Border Coalition that would automatically include the county in the lawsuit.

"It would be to our benefit to join in this class-action lawsuit," Wood said.

Several land owners whose property could or will be affected by the border fence pleaded with Commissioners Court to join to lawsuit filed by Eloisa Tamez and the Texas Border Coalition.

Landowner Pamela Taylor said the DHS was "violating everybody's 14th amendment rights."

Merriwood Ferguson, a Brownsville environmentalist, told commissioners that joining the lawsuit was the right direction for the county to go since it had been "spinning its wheels" with the levee enhancement project.

After the item died, Ferguson said she was "outraged and disappointed" not to support landowners, such as 90-year-old Frances Wagner Quinones of San Benito, whose 200 acres of land that could be affected by the fence.

"I think the county has to take some kind of a stand. I think Judge Cascos spent way too much time trying to negotiate with DHS and probably should have represented Cameron County landowners a lot better than this," Ferguson said. "You have landowners like (Quinones and her son) who don't know where to turn."

She was also upset that Precinct 1 Commissioner Sofia C. Benavides didn't support the residents of her precinct who will be affected by the barrier.

"I think Commissioner Wood had the right idea. I thank him for putting it on the agenda," Ferguson said.

Quinones and her son, Robert Jaime, are to meet with DHS officials today to see what portion of their land off Highway 281 and Sam Houston the government wants.

Jaime said he has no idea how to handle the government because the family doesn't want to give up the land in Landrum that has been theirs for 150 years.

"Nobody had been in contact with us until last week when they said they wanted to meet and negotiate. We don't even know where they want to build the fence," Jaime said.

Cameron County's meeting came a day after Hidalgo County officials reached a deal with the DHS for the construction of a concrete barrier that in some portions will serve as a border wall.

The agreement pushes back Hidalgo County's levee project completion date to March 2009 from December of this year.

Under the agreement, DHS will give Hidalgo County Drainage District No. 1 $65.7 million to construction the concrete barrier. The drainage district will have to fund the remaining cost, which is about $48.2 million.

In other business, the commission unanimously voted to enter negotiations with architect Robert J. Ruiz to design and develop a memorial park across from the Dancy Building. The park will serve as cemetery for 100 graves unearthed in the area about four years ago.

The gravesite dates back to 1848. The remains were discovered in September 2004 during a renovation project of the old Dancy Building on East Monroe Street, the former Cameron County Courthouse. The bones were found while construction workers were excavating a utility trench across from the Dancy Building.

lmartinez@brownsvilleherald.com