by Peier A. Schey
In a 32-page decision issued March 7, a federal judge in Brownsville ruled that Secretary of Homeland Security Michael Chertoff violated federal law in his rush to build several hundred miles of border fencing in Southern Texas.
In a lawsuit filed by Secretary Chertoff in January against Dr. Eloisa Tamez, the Department of Homeland Security requested an expedited court order condemning Dr. Tamez’s land so it could immediately commence a survey for the planned border fence. Dr. Tamez is an indigenous land-grant property owner in South Texas who refused to voluntarily give the U.S. Government a six month right to enter her land to survey for the border wall.
About 20 cases held by Secretary Chertoff to condemn land along the border have been consolidated before federal judge Andrew Hanen in Brownsville and delayed pending the outcome of Dr. Tamez’s case.
The court held a lengthy hearing Feb. 7 at which Dr. Tamez’s lawyers with the Los Angeles based Center for Human Rights and Constitutional Law argued that Secretary Chertoff had violated federal law by failing to negotiate with Dr. Tamez to arrive at a “fi xed price” for the six-month access it sought before suing to condemn the land to allow the survey to proceed.
In the decision issued today!, Judge Hanen ruled that “Dr. Tamez correctly asserts that negotiations are a prerequisite to the exercise of the power of eminent domain” under federal law. The court further concluded that Secretary Chertoff had presented “insuffi cient evidence as to whether there has been bona fi de efforts to negotiate with Dr. Tamez.”
For the full release, go to www.centerforhumanrights.org or contact Peter A. Schey, President, Center for Human Rights and Constitutional Law at pschey@centerfor human rights. Hispanic Link.
In other Hispanic Link news:
Parent complains, school cancels Huerta talk
A planned motivational talk at a Catholic school in California by United Farm Workers founder Dolores Huerta was abruptly canceled after a parent complained about Huerta’s support for abortion rights.
Huerta had been scheduled to speak at Our Lady of Guadalupe School in Bakersfi eld on March 6. But the day before, according to the Los Angeles Times, she received a voice mail from the principal informing her that the school had canceled the planned assembly for sixth-, seventh- and eighth graders.
Huerta, who often delivers motivational talks, said she had not planned to discuss reproductive rights. “I think the parents could have asked if their child could be excused,” The Times quoted her as saying.
Our Lady of Guadalupe School is about 90 percent Latino, and students had chosen Huerta, a Bakers field resident, as a motivational speaker. Huerta was instrumental in the founding of the United Farm Workers with Cesar Chavez.
This was the second time Huerta has been rebuffed by an institution where she was scheduled to speak. In February, officials at St. Thomas University in Texas called off an appearance there, also because of her views on abortion.
“I am the Catholic mother of 11 children,” Huerta told The Times. “But I believe abortion is a constitutional right and an issue of privacy. I think this is a campaign against me specifically.” Hispanic Link.
