Search results matching tag 'lawsuit'

El Paso County Sues Banks Associated With National Real Estate Registry Known As “MERS”

edominguez — Mon, 13 Aug 2012 19:54:00 GMT

Suit alleges defendants unlawfully avoided payment of millions of dollars in recording fees

El Paso County, along with nine other Texas counties, has filed a lawsuit against national financial institutions associated with Mortgage Electronic Registration Systems, Inc., a corporation commonly known as MERS.

MERS is a "private national electronic registry" created by the defendant banks in order to circumvent recording mortgages in the public land records. The lawsuit alleges that MERS is a fraudulent scheme that misrepresented the need to record mortgage assignments, and that the defendants used MERS to avoid paying millions of dollars in recording fees to the County.

According to El Paso County Attorney Jo Anne Bernal, "Defendants have operated MERS in a manner designed to unlawfully transfer interests in mortgages while avoiding payment of recording fees to counties. As part of the MERS scheme, the defendants have misled investors and the general public regarding the need for properly recording mortgage conveyances."

According to the counties, they will not know the full extent of their damages until the defendants reveal how many transactions they failed to record with each county. However, the damages to El Paso County are estimated to be in the millions of dollars.

The lawsuit, filed on August 2, 2012, in a federal district court in Austin, Texas, will be litigated on behalf of the plaintiffs by the law firms of Ted B. Lyon & Associates and Blume, Faulkner, Skeen & Northam, PLLC.

Other Texas counties that have joined the litigation are Cass County, Hidalgo County, Kaufman County, Navarro County, Panola County, Rusk County, Smith County, Starr County and Webb County.

The defendants are: The Bank Of New York Mellon; Bank of America Corporation; Chase Home Mortgage Corporation of the Southeast; Citimortgage, Inc.; HSBC Finance Corporation; Merrill Lynch Credit Corporation; Nationwide Advantage Mortgage Company; Suntrust Mortgage, Inc.; United Guaranty Corporation; Washington Mutual Bank; Wells Fargo Bank, N.A.; Deutsche Bank, A.G.; U.S. Bank, N.A.; J.P. Morgan Chase Bank, N.A.; HSBC Bank USA, N.A.; and La Salle Bank, N.A.

No court hearings have been set on the case yet.

For more details about the lawsuit, please contact attorney James D. Blume at (214) 373-7788.

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MERS Lawsuit Press Release.pdf

MERS Lawsuit.pdf

El Paso County Receives 2.7 Million Reimbursement From The Department Of Justice

edominguez — Wed, 25 May 2011 22:20:00 GMT

Funds will help lessen impact of state budget cuts

El Paso County Judge Veronica Escobar today announced that the Department of Justice has reimbursed $2.7 million in expenditures the County of El Paso incurred while prosecuting and incarcerating federally referred offenders during FY 2008 and 2009.

The first reimbursement, of $135,000 for cases handled during fiscal year 2008, was received on January 25, 2011. The second reimbursement, in the amount of $2.57 million for cases handled during FY 2009, arrived Monday, May 23, 2011. All the monies have been transferred to the County's general fund.

The two payments mark the end of a multi-year dispute over billings submitted by the El Paso County to the Department of Justice under the Southwest Border Prosecution Initiative (SWBPI) during fiscal years 2001 through 2006.

Additionally, last week the County of El Paso submitted bills in the amount of $1.06 million, for cases handled during FY 2010.

The resolution clears the way for El Paso County to remain eligible to receive future federal reimbursements for prosecuting and jailing federally referred offenders. This agreement also guarantees federal law enforcement agents will receive the necessary assistance from local law enforcement agencies and the District Attorney's Office to process and prosecute individuals accused of criminal violations.

The push to receive reimbursement from the federal government was spearheaded by District Attorney Jaime Esparza and County Attorney Jo Anne Bernal.

"Over the past 12 months our offices have worked tirelessly to ensure that every county money eligible for reimbursement was aggressively pursued," said County Attorney Jo Anne Bernal.

District Attorney Jaime Esparza said, "Compensating border counties for the criminal justice cost they incur assisting the federal government with lower level criminal cases makes good sense. State prosecutors have the flexibility to handle these routine cases efficiently and hold all offenders accountable. An equitable partnership between federal, state, and local authorities works and is necessary to curtail the flow of illegal drugs into our community."

El Paso County Judge Veronica Escobar recognized the hard work of employees from the Auditor's Office, the District Attorney's Office, and the County Attorney's Office, who worked for several months on getting the Office of the Inspector General the necessary information to resolve this dispute.

"In the upcoming months the El Paso County will be facing serious financial challenges due to the budget cuts that the Texas legislature is expected to approve during its current session. These reimbursements could not have come at a better time. Commissioners Court is working very diligently to reduce expenditures and increase revenue to avoid, to the extent possible, a raise in property taxes for next fiscal year," Escobar said.

"We will make sure these monies will go long ways towards achieving that goal," Escobar concluded.

# # #

About the Southwest Border Prosecution Initiative: In 2000, under the leadership of District Attorney Jaime Esparza, a coalition of border prosecutors alerted the federal government that some of the nation's poorest counties were shouldering the financial burden of accepting federally-referred cases into the criminal justice system. For many years, state prosecutors along the southwest border provided the federal government with support allowing great flexibility to prosecute lower level offenders in state court.

In 2001, the federal government created the Southwest Border Prosecution Initiative through the Bureau of Justice Assistance that reimbursed border counties for their assistance in prosecuting lower-level federally-initiated drug cases. This reimbursement program has facilitated an efficient use of the limited resources available to prosecute crime along the border.

Federal Reimbursement Press Release.pdf

Texas Attorney General Declines To Issue Opinion To Clarify Same-Sex Marriage Controversy In El Paso

edominguez — Mon, 09 Aug 2010 23:11:00 GMT

El Paso County Attorney Jo Anne Bernal today announced that the Office of the Texas Attorney General Greg Abbott has formally declined to issue a legal opinion regarding the granting of marriage licenses to individuals who have undergone sex change operations.

On April 19, 2010 El Paso County Attorney's Office requested a legal opinion as to whether the County Clerk could legally issue a marriage license under a new Texas law when one of the parties is a female and the other was born a man but subsequently underwent sexual reassignment surgery and is now living as a woman.

The request was made after two Hudspeth County women requested, and were denied, a marriage license in El Paso in February of this year. As proof of identification, one of the applicants presented a birth certificate identifying her as a male, a court order approving his name change from a male to female, and an Arizona driver's license with her new identity as a female.

Presented with conflicting documents, the El Paso County Clerk's Office requested guidance from the County Attorney's Office as to the eligibility of the applicants to obtain a marriage license.

Legal analysis revealed the existence of a legal gray area around this particular issue, raised by recent changes adopted by the Texas Legislature. Up until 2009, the identity and gender of a marriage license applicant was established through a birth certificate. However, during the 81^st Session, the Texas Legislature expanded the list of documents acceptable to establish proof of identity and age for purposes of obtaining a marriage license. Section 2.005(b) of the Texas Family Code lists the nineteen documents approved and, to make things more difficult, all are given equal legal weight.

This is important for transgender individuals, as conflicting information on various personal documents may arise not from fraud, but because of sex reassignment surgery, and so transgender applicants should be able to self-identify their gender, as opposed to a court doing it for them.

In a letter dated on August 6, 2010, the Texas Attorney General's Office notified the El Paso County Attorney's Office that they will refrain from answering any questions or issuing an opinion, and in fact are closing the file on this request. The reason provided for this action is that issues included in the opinion request are the subject of pending litigation recently filed in the 245^th District Court of Wharton County, In the Estate of Thomas Trevino Araguz III, Deceased, Cause No. 44575. The letter further states that, once that litigation is concluded, the El Paso County Attorney could submit another request if these questions remain unresolved.

El Paso County Attorney Jo Anne Bernal expressed her disappointment regarding the decision of the Texas Attorney General Gregg Abbott.

"Unfortunately, the ambiguity in the law and confusion for the County clerk remains," Bernal concluded.

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AG Opinion Press Release.pdf

AG Letter (RQ-0881-GA).pdf

AG Opinion Request.pdf

Federal Judge Dismisses Lawsuit That Challenged Constitutionality Of The County’s Ethics Legislation

edominguez — Mon, 09 Aug 2010 17:42:00 GMT

El Paso County Attorney Jo Anne Bernal today announced that a Federal District Judge has dismissed a legal challenge filed by a local civil rights activist against the El Paso County's Ethics Legislation approved by the Texas Legislature last year.

On September 28, 2009, El Paso activist Carl Starr sued the County of El Paso and Texas Attorney General Greg Abbott (case EP-09-CV-353-KC) alleging that the implementation of the County Ethics Legislation, which regulates the creation of the County's Ethics Commission, was unconstitutional.

In his lawsuit Mr. Starr particularly objected to a provision of the ethics legislation that penalizes with fines and jail time individuals who file ethics complaints which the County deems to be frivolous or filed in bad faith. The plaintiff argued that the provision infringed on his First and Fourteenth Amendment rights and has a chilling effect on his freedom of expression.

In an order issued late yesterday, United States District Judge Kathleen Cardone dismissed any cause of action against Texas Attorney General Greg Abbott ruling that the 11^th Amendment gives the States sovereign immunity and that the federal courts do not have jurisdiction over cases where a state is made party to a suit without its consent.

U.S. District Judge Cardone also dismissed the lawsuit against the County of El Paso ruling that it was premature for Mr. Starr to bring a lawsuit forward challenging the constitutionality of the Ethics legislation.

In her ruling, Judge Cardone stated:

"Although the County Ethics Commission is empowered with the authority to penalize individuals who file frivolous complaints or disseminate confidential materials, the facts indicate that no such rules are yet in effect. As the alleged County ordinances do not appear to have been adopted or enacted, and the existing state code, which is merely enabling legislation, cannot function to penalize Starr should he file an ethics complaint, any alleged penalties Starr would face appear to be only speculative. As such, Starr has failed to meet his burden of showing that his claim gives rise to a sufficiently ripe controversy."

El Paso County Attorney Jo Anne Bernal today expressed her satisfaction with the court's decision:

"Judge Cardone very carefully avoided ruling on any issue that is not yet fully presented to her for decision," Bernal said.

"Her ruling correctly notes that the El Paso County Ethics Commission has not yet completed its task of drafting a new County Ethics Code. Therefore, Starr's complaint that the Ethics Code is unconstitutional is not yet ready for judicial review," Bernal concluded.

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Ethics Commission Lawsuit Press Release.pdf

Signed Dismissal Order.pdf

El Paso County Attorney and Texas Attorney General take Action to Halt El Paso County Colonia Development

edominguez — Tue, 01 Dec 2009 22:12:00 GMT

Developers illegally subdivided residential lots lacking water, sewage facilities

AUSTIN - Texas Attorney General Greg Abbott charged the developers of the Galindo Subdivision in western El Paso County with violating state colonia-prevention laws. According to court documents filed in Travis County district court, the defendants illegally subdivided residential lots and failed to install or bond water and waste water facilities before selling the lots to unsuspecting purchasers.

The state's enforcement action, which was filed jointly with El Paso County Attorney José R. Rodríguez, names Homero R. Galindo, Rosella A. Galindo, Nahum Prieto and Rosella Prieto. All four were cited for subdividing an eight-acre tract into four lots for residential use without obtaining the required plat approval from El Paso County Commissioners Court. Further, the defendants sold the lots without installing or bonding water and wastewater facilities, a basic requirement for plat approval. Having an unapproved subdivision lot can bar a buyer from obtaining needed water and electricity connections.

Under Texas law, developers in counties along the Texas-Mexico border must obtain county approval of a subdivision plat before subdividing and selling residential lots. Obtaining plat approval secures water and wastewater facilities, and makes the property eligible for connections to the local electric utility. In Texas, residential subdivisions near the U.S.-Mexico border that lack adequate water or wastewater services required by state law are commonly referred to as colonias. Most colonias lie outside city limits or in isolated areas of a county.

The state's enforcement action seeks an injunction compelling the defendants to comply with colonia-prevention laws, as well as an order requiring the developers to file proper plats with the county and install fully compliant water and sewer systems. Alternatively, the state seeks refunds for lot purchasers harmed by the defendants' alleged conduct. The Attorney General also seeks civil penalties of up to $15,000 for each lot conveyed in violation of the law.

The case against the Galindoses and Prietoses is one of six colonias cases the Office of the Attorney General has pursued this year. During the 2007 regular session, the Texas Legislature passed a measure that provides the OAG with additional resources to prevent unlawful colonia developments. Since Sept. 1, 2007, the OAG has filed 19 enforcement actions involving subdivisions in five counties. Of the 19 petitions filed, seven cases have been prosecuted to final judgment.

Before purchasing residential property outside the city limits, border area home buyers should check with county officials to confirm that the property was legally subdivided and that the developer has made necessary arrangements to supply required infrastructure.

Texans can file complaints with the OAG against developers or sellers who fail to provide water and wastewater services, or who subdivide land without first obtaining necessary county approval. Complaints can be filed on the Attorney General's Web site at www.texasattorneygeneral.gov or by calling (800) 252-8011.

The Office of the Attorney General also maintains the state's Colonia Geographic Database, which offers geographic and descriptive data on more than 2000 colonias in 30 border area counties. To access the database, or for more information regarding Attorney General Abbott's colonias-prevention efforts, visit the "Texas-Mexico Border" page on the Attorney General's Web site.

El Paso County vs Galindo Lawsuit.pdf

US Supreme Court Denies Appeal of the Border Fence Lawsuit Filed By El Paso County

edominguez — Mon, 15 Jun 2009 16:20:00 GMT

County Attorney José R. Rodríguez announced today that he was notified this morning that El Paso County's appeal to the United States Supreme Court in its border fence case against the U.S. Department of Homeland Security was denied.

El Paso County Attorney expressed his disappointment with the decision. "We are disappointed but not surprised by this outcome. While we feel that we had a strong case, competition for space on the Supreme Court's crowded docket is high," Rodríguez said.

"This decision now ends our pursuit of this case. El Paso County would very much like to thank Mayer Brown LLP of Washington, D.C., for their defense and support in this case. Mayer Brown litigated this case without any cost to the county," said Rodríguez.

Although the appeal was rejected, Rodriguez expressed optimism that the Obama Administration has demonstrated a willingness to consult with local communities on the fence and other border security policies.

The lawsuit against the Department of Homeland Security was filed on June 23, 2008 by El Paso County, the City of El Paso, the El Paso County Water Improvement District No. 1, and the Ysleta del Sur Pueblo, among others. The lawsuit challenged Secretary Chertoff's statutory authority to issue a waiver of more than 30 federal, state, and local laws to accelerate the construction of a border fence in El Paso County. The County contended that the Congressional waiver of authority, without the opportunity for judicial review, was an unconstitutional delegation of legislative power and moreover, that it was insufficient to permit the Secretary to declare pre-empted every state and local law related to the waived federal statues.

On September 11th, 2008 a Federal District Judge of the Western District of Texas granted the Department of Homeland Security's motion to dismiss the lawsuit based on the merits of the case.

In his ruling, U.S. District Judge Frank Montalvo held that the waivers used by the Secretary of Homeland Security Michael Chertoff to expedite the construction of the border fence were constitutional because "...Congress constitutionally delegated its authority in the Waiver Legislation."

Judge Montalvo further ruled that the Waiver legislation did not violate the 10th amendment to the U.S. Constitution because the waivers were issued with the intent to "preempt state and local laws, which would interfere with Congress's objective to expeditiously construct the border fence."

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Border Fence Appeal Press Release.pdf

County Judge Withdraws Lawsuit Against El Paso County

edominguez — Fri, 12 Jun 2009 21:57:00 GMT

El Paso County Attorney José R. Rodríguez announced today that County Judge Anthony Cobos has dropped the lawsuit he filed against the County of El Paso seeking to stop the El Paso County Board of Ethics from investigating an ethics complaint filed against him.

On Monday June 8, 2009, visiting Judge Martin Brock Jones ruled the County Board of Ethics was not a proper party in the lawsuit, allowing the Board to continue investigating the complaint filed by City Representative Emma Acosta against County Judge Anthony Cobos. The judge also ruled that the County Attorney was not disqualified from representing both the County of El Paso and the El Paso Board of Ethics.

El Paso County Attorney José R. Rodríguez expressed his satisfaction with Judge Cobos’ decision to nonsuit the county. “It is unfortunate that so much time and county resources were wasted on a suit without merit,” Rodriguez said.

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Ethics Board Lawsuit Press Release.pdf

Notice of Nonsuit.pdf

Procurador del Condado y Departamento de Policía se Unen para Combatir la Criminalidad en el Noreste de El Paso con una Nueva Orden de Restricción Contra Pandillas

edominguez — Fri, 20 Mar 2009 22:40:00 GMT

La solicitud incluye 2 ‘zonas protegidas' y a 27 miembros de la pandilla Bloods

El Procurador del Condado de El Paso José R. Rodríguez y el Jefe de la Policía de El Paso Gregory Allen anunciaron hoy que ha sido archivada en corte una solicitud para obtener una nueva orden de restricción contra pandilleros que cometen crímenes en el Noreste de la ciudad.

La solicitud para la Orden de Restricción contra Pandillas fue presentada esta mañana en la Corte del Condado # 3. La solicitud crea 2 zonas protegidas en el noreste de El Paso, denominadas "Zona Protegida del Triángulo" y "Zona Protegida Patriota", y nombra a 27 miembros reconocidos de la pandilla "Bloods."

También esta mañana el Juez de la Corte del Condado # 3, Javier Álvarez emitió una Orden de Restricción Temporal contra los 27 miembros de la pandilla mencionados en la solicitud. La Orden de Restricción Temporal hace validas las restricciones contenidas en la solicitud por un periodo de 14 días, periodo después del cual se realizará una audiencia para determinar si se otorga una Orden de Restricción Permanente.

Si es aprobada de manera permanente, la nueva Orden de Restricción Contra Pandillas no solo aumentará las penas para los acusados que cometan crímenes dentro de las zonas protegidas, sino que también les prohibirá realizar otras actividades que pudieran considerarse "molestas" para el público, como por ejemplo:

Reunirse con otros miembros de la pandilla en público
Entrar a las propiedades o vehículos de otros miembros de la pandilla
Entrar a las escuelas (a menos que exista una razón legitima)
Poseer bebidas alcohólicas en la vía pública a cualquier hora
Portar cualquier tipo de arma, incluyendo bats de beisball y clubs
Pelear dentro de cualquier lugar dentro de la zona protegida
Poseer pintura de aerosol, marcadores o navajas para marcar graffiti
Acercarse o comunicarse con los tripulantes de un vehículo
Molestar o amenazar a los residentes o los transeúntes
Hacer demasiado ruido innecesariamente a cualquier hora del día o la noche
Utilizar pagers, beepers o teléfonos celulares en la vía publica
Avisar a otras personas sobre el arribo de agentes policíacos
Ayudar a esconder a otros pandilleros de la policía
Utilizar señales de pandilla en la vía pública
Permanecer en la vía pública dentro de las zonas protegidas después de las 10 de la noche y hasta las 6 de la mañana
Utilizar lenguaje obsceno en público
Dar información falsa a los oficiales de la policía

La Zona Protegida de el Triángulo inicia en la intersección de Gateway North y Dyer, y está delimitada al oeste por Gateway North, al este por la calle Dyer, y al norte por la calle Hondo Pass.

La Zona Protegida Patriota está delimitada al sur por la calle Transmountain Drive, al oeste por la calle Gateway North, al este por la calle McCombs, y al norte por la calle Sean Haggerty.

De acuerdo con los archivos de la policía, los 27 miembros de la pandilla Bloods incluidos en la solicitud se asocian regularmente para cometer actos de delincuencia organizada, incluyendo asaltos agravados, robos, crímenes con armas, y transacciones de narcotráfico dentro de las zonas designadas. La pandilla de los Bloods son responsables de más de 100 delitos graves cometidos en el área en los últimos 4 años.

Para hacer esta Orden de Restricción Contra Pandillas una realidad, la Oficina del Procurador del Condado trabajo muy de cerca con el Departamento de Policía de El Paso por más de un año para recolectar la evidencia necesaria.

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Members of the Bloods Included in the NE Gang Injunction.pdf

County Attorney and Police Department Unite To Fight Crime in Northeast El Paso with a New Gang Injunction

edominguez — Fri, 20 Mar 2009 22:24:00 GMT

Petition includes 2 "safety zones" and 27 members of the Bloods

El Paso County Attorney José R. Rodríguez and El Paso Police Chief Gregory Allen today announced the filing of a new gang injunction to combat gang activities in the streets of Northeast El Paso.

The Petition for the new gang injunction was filed this morning and landed in the County Court at Law # 3. The request creates 2 safety zones in Northeast El Paso, the "Triangle Safety Zone" and the "Patriot Safety Zone," and names 27 known members of the Bloods street gang.

Also this morning, the County Court at Law # 3 Judge Javier Álvarez approved a Temporary Restraining Order against the 27 members of the Bloods named in the petition. The Temporary Restraining Order activates the restrictions contained in the application for a period of 14 days after which the Court will conduct a hearing to consider granting a Temporary Injunction.

If approved permanently, the new gang injunction will not only increase punishment for defendants who commit crimes within the safety zones, but also will forbid them from carrying out other activities considered a public nuisance, such as:

Gathering with other gang members in public view
Entering the home or vehicle of other member of the Bloods gang
Entering a school (unless there is a legitimate reason)
Possessing alcoholic beverages at any time, on public property
Possessing any weapons, including baseball bats and clubs
Fighting anywhere within the safety zones
Possessing aerosol paint, markers, or razor blades used for tagging
Approaching or communicating with occupants of vehicles
Harassing residents or bystanders
Making unnecessary loud noise at any time of the day or night
Using pagers, beepers, cellular phones in any public place for any purpose
Signaling to other persons to warn of the approach of law enforcement officers
Harboring or concealing another gang member to evade law enforcement officers
Using gang hand signs in public
Doing any activity outdoors between 10 p.m. and 6:00 a.m. in the safety zones
Using abusive, profane or vulgar language in public place
Giving false information to law enforcement officers

The "Triangle Safety Zone" starts at the intersection of Gateway North and Dyer and encompasses Gateway North on the West, Dyer on the east, and Hondo Pass on the north.

The "Patriot Safety Zone" encompasses Transmountain Drive on the South, Gateway North on the west, McCombs on the east, and Sean Haggerty on the north.

According to police records, the 27 members of the Bloods included in the petition regularly associate to commit organized criminal activity, including aggravated assaults, burglaries, robberies, weapon offenses, and drug related transactions in the designated areas. The Blood gang is responsible for over 100 criminal offenses in the last 4 years. in El Paso County.

To make this new gang injunction a reality, the County Attorney's Office worked closely together with the El Paso Police Department for more than a year to collect evidence against the 27 named defendants.

El Paso County Attorney José R. Rodríguez explained the request for a new gang injunction was filed in response to resident's complaints about increased gang activity in the area.

"This new gang injunction should send a strong message that gang criminal activity will not be tolerated in our community. By curbing gang activity in the area we are trying not only to reduce crime the same way it happened a few years back in the Segundo Barrio when we filed the first gang injunction against the Barrio Azteca. We are also trying to protect minors from being sucked into gangs and starting a path towards crime or drug addiction," County Attorney José R. Rodríguez said.

El Paso Police Chief Gregory Allen explained that this new gang injunction will give his officers more legal tools to combat the proliferation of gangs in Northeast El Paso.

"This injunction will be a great tool to help my officers combat the gang and their influence and crimes in the community," El Paso Police Chief Allen said.

According to police records, the Bloods are just one of several street gangs committing crimes in Northeast El Paso. For that reason the County Attorney's Office is already working with the El Paso Police Department to gather evidence that will be used in the upcoming months to file petitions for additional gang injunctions against members of other gangs.

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Bloods Gang Injunction Press Release.pdf

Members of the Bloods Included in the NE Gang Injunction.pdf

NE Gang Injunction Maps.pdf

How gang injunctions work.pdf

2003 Injunction Results Chart.pdf

EL PASO COUNTY ATTORNEY TO TESTIFY BEFORE THE STATE HOUSE OF REPRESENTATIVES AGAINST THE BORDER WALL

edominguez — Fri, 12 Dec 2008 22:25:00 GMT

On Thursday November 13, 2008, El Paso County Attorney José R. Rodríguez will testify in Austin, Texas, before the Mexican-American Legislative Caucus (MALC) of the Texas House of Representatives on the negative consequences of building a border wall between the US and Mexico.

MALC Chair, Representative Eddie Lucio III, will preside over the hearing to be held in the House Appropriations room, E1.032, at 8:00 a.m. The participants will analyze, among other topics, the possible effects a wall between Mexico and Texas would have on the border’s predominantly Hispanic community, as well as the rest of the state. Testimony received will be used to formulate legislation in response to the border wall.

El Paso County Attorney José R. Rodríguez has been invited to testify in relation to the federal lawsuit the County and the City of El Paso filed this summer challenging Congress’ unconstitutional delegation of authority that allowed Secretary of Homeland Security Michael Chertoff to waive more than 30 federal, state, and local laws, in order to accelerate the construction of the border wall.

County Attorney Rodríguez will explain to house members that a border wall will not keep immigrants out, but on the other hand, will bring serious environmental, economic and cultural consequences to the El Paso and Juarez region.

Recent data from the Department of Homeland Security shows that this year, in the El Paso Sector, the number of undocumented immigrants apprehended by the Border Patrol dropped 60 % in relation to the previous year. This huge drop in detentions was achieved before the construction of the border fence even began by conducting operations that place Border Patrol agents in close proximity to one another along a certain area of the border to prevent illegal crossings. Rodríguez says this data refutes the Department of Homeland Security’s contention that the border wall is necessary to maintain operational control of the border.

El Paso County José R. Rodríguez believes that the billions of dollars that the federal government will spend building the border wall would be better invested in providing more resources to the federal agents that patrol the border.

Rodríguez believes that the border wall in El Paso will be negatively impact the water supply to many farmers in the Lower Valley and potentially affect the ability of the El Paso County Improvement District #1 to supply water to 50% of El Paso residents. The border fence will also hinder bi-national efforts to re-introduce endangered species such as the Mexican gray wolf because the protection of wolf habitats require open corridors in the border region.

The Border Wall will also harm conservation efforts that are underway to protect the Rio Bosque Wetlands Park, in El Paso’s lower valley, and will affect the cultural history of the region, as the border wall cuts through sacred ceremonial land used for centuries by the Ysleta Pueblo del Sur Tribe (Tigua).

County Attorney Rodríguez will explain to members of the Texas House of Representatives that the best way to tackle the problem of illegal immigration is to seek approval of comprehensive immigration reform.

“A multi-billion dollar effort to construct the Border Wall simply does not make sense. At a time when America faces a severe financial crises it is simply irresponsible to pour additional money into a wall that will scar our environmental landscape and damage our relationship with communities across the border,” Rodríguez said.

“Instead of deterring illegal immigration, the wall will symbolize not only a failed immigration policy, but also a country barricading itself from the rest of the world,” Rodríguez concluded.

WHO: Mexican-American Legislative Caucus (MALC) of the Texas House of Representatives

WHAT: Hearing on the effects of the border wall

WHEN: Thursday November 13, 2008, at 8:00 a.m.

WHERE: Texas House Appropriations room, E1.032
Austin, Texas.