UTB-TSC: DHS violated settlement

The UTB-TSC has accused the U.S. Department of Homeland Security of violating a March lawsuit settlement that gave officials permission to survey campus land.

Under the compromise, DHS was required to assess alternatives to the border fence and consider the University of Texas at Brownsville and Texas Southmost College's "unique status as an institution of higher learning."

In a motion filed in federal court on Thursday, attorneys for Texas Southmost College and the University of Texas System claim that DHS "failed and refused" to obey the agreement, which U.S. District Judge Andrew S. Hanen approved March 19.

The motion quotes a letter from a U.S. Customs and Border Patrol representative who, according to university attorneys, expressed disregard for Hanen's order.

In one of the highlighted passages, the CBP official writes, "DHS has concluded that there are no known alternatives to a physical barrier that would ... secure our border within the time frame mandated by Congress."

As a result, the letter continues, "DHS will proceed with its plans to construct the border fence in the current proposed location pursuant to our operational requirements."

When the March settlement was announced, University President Juliet V. Garcia said DHS was "not allowed to move a single blade of grass without out permission."

University officials now allege DHS did not make an adequate attempt to seek alternatives to a physical barrier. According to Thursday's motion, Ronald Vitiello, the Rio Grande Valley sector's Border Patrol chief told UTB-TSC representatives that the assessment of alternatives to a fence was a "waste of time."

The university in early June hired Frank Perry, an employee of Modern Technology Solutions Inc., to research alternatives to a physical border fence. But Perry's assistance was hindered by DHS' assertion that "operational and security requirements are solely within DHS' discretion and therefore, are not subject to assessment by a private entity," the motion states.

On June 6, after the parties failed to agree on a viable alternative to the barrier, DHS officials announced that they would proceed with plans to build a physical fence.

In the last month, the federal government has filed more than 100 permanent land condemnation lawsuits in Cameron County, seizing property to build the fence.

A hearing on the university's motion is scheduled for June 30.