Much has been made of the border security "triggers" in the Gang of Eight's comprehensive immigration reform bill. It's been emphasized that the path to legalization for eligible illegal immigrants would not begin until after border enforcement provisions are met. As I wrote last week, it's unclear that the "triggers" as they're written in the legislation would actually function this way. At a hearing this week, Homeland Security Secretary Janet Napolitano gave conservatives even more reason to be skeptical of enforcement provisions.
The legislation includes a secion on a "Southern Border Fencing Strategy," which is intended to direct the Department of Homeland Security to direct a strategy on the border fence with Mexico. But the immigration bill gives an extraordinary amount of discretion to the Homeland Security Secretary in its implementation. In a hearing this week, Secretary Napolitano told the Senate Judiciary Committee that the legislation doesn't actually obligate any more border fencing.
Senator Mike Lee pointed out that "some have suggested that there are as many as 400 instances of discretion" granted to the Secretary of Homeland Security in the immigration bill. In the case of border fencing, Senator Lee had the following exchange with Secretary Napolitano,
Sen. Lee: "Do you agree that the discretion that's been granted to you under this bill, should it be enacted into law, could permit you to make a finding that [fencing is] complete - it's substantially complete - without any additional fencing?"
Secretary Napolitano: "Well right now, the border patrol, alread pursuant to existing law - an appropriations law - has done an extensive study of where fencing makes sense along the southwest border. They determined that there are 653 miles where it actually makes sense - and Senator Cornyn mentioned that there are vast stretches of the border where it doesn't make a lot of sense - and 652 miles of that have been completed.
http://townhall.com/tipsheet/keving...equires-no-additional-border-fencing-n1578855
