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Border Wall Land Grabs Accelerate as Owners Shelter From Pandemic | Border Wall Land Grabs Accelerate as Owners Shelter From Pandemic |
(1 day later) | |
WASHINGTON — The Trump administration is accelerating efforts to seize private property for President Trump’s border wall, taking advantage of the coronavirus pandemic to survey land while its owners are confined indoors, residents along the Rio Grande say. | WASHINGTON — The Trump administration is accelerating efforts to seize private property for President Trump’s border wall, taking advantage of the coronavirus pandemic to survey land while its owners are confined indoors, residents along the Rio Grande say. |
“Is that essential business?” asked Nayda Alvarez, 49, who recently found construction markers on the land in Starr County, Texas, that has been in her family for five generations. “That didn’t stop a single minute during the shelter in place or stay at home.” | “Is that essential business?” asked Nayda Alvarez, 49, who recently found construction markers on the land in Starr County, Texas, that has been in her family for five generations. “That didn’t stop a single minute during the shelter in place or stay at home.” |
The federal government brought a flurry of lawsuits against landowners in South Texas to survey, seize and potentially begin construction on private property in the first five months of the year as the administration rushed to deliver on Mr. Trump’s promise to build 450 miles of wall by the end of the year, which he downgraded on Thursday to 400. While Mr. Trump has built less than 200 of those miles, his administration has brought 78 lawsuits against landowners on the border, 30 of them this year. | The federal government brought a flurry of lawsuits against landowners in South Texas to survey, seize and potentially begin construction on private property in the first five months of the year as the administration rushed to deliver on Mr. Trump’s promise to build 450 miles of wall by the end of the year, which he downgraded on Thursday to 400. While Mr. Trump has built less than 200 of those miles, his administration has brought 78 lawsuits against landowners on the border, 30 of them this year. |
Negotiations and lawsuits are proving to be arduous. The administration has acquired just 10 of the 213 miles of private property that the border wall is projected to pass through in the Laredo and Rio Grande Valley sectors, according to Customs and Border Protection data from May 19 obtained by The Times, an increase of seven miles since December. In recent months, the president’s son-in-law, Jared Kushner, has stepped in to oversee the effort. | Negotiations and lawsuits are proving to be arduous. The administration has acquired just 10 of the 213 miles of private property that the border wall is projected to pass through in the Laredo and Rio Grande Valley sectors, according to Customs and Border Protection data from May 19 obtained by The Times, an increase of seven miles since December. In recent months, the president’s son-in-law, Jared Kushner, has stepped in to oversee the effort. |
The increased litigation against the landowners, despite the pandemic, is evidence of the administration’s sense of urgency to deliver on a symbol of Mr. Trump’s crackdown on immigration. The president has said the pandemic is proof of the wall’s necessity, though there is no real evidence it will have any effect on public health. | The increased litigation against the landowners, despite the pandemic, is evidence of the administration’s sense of urgency to deliver on a symbol of Mr. Trump’s crackdown on immigration. The president has said the pandemic is proof of the wall’s necessity, though there is no real evidence it will have any effect on public health. |
“Mexico is having a very, very hard time, as you know, with Covid, especially along the border,” Mr. Trump told reporters on Thursday, though Mexico’s 8,600 deaths and 78,000 infections are a fraction of the toll in the United States. “Fortunately,” he added, “we have a brand-new wall along there, and the wall is saving us.” | “Mexico is having a very, very hard time, as you know, with Covid, especially along the border,” Mr. Trump told reporters on Thursday, though Mexico’s 8,600 deaths and 78,000 infections are a fraction of the toll in the United States. “Fortunately,” he added, “we have a brand-new wall along there, and the wall is saving us.” |
The government filed 13 lawsuits in March alone to access and acquire land, the highest single-month total since Mr. Trump took office, according to the Texas Civil Rights Project. | The government filed 13 lawsuits in March alone to access and acquire land, the highest single-month total since Mr. Trump took office, according to the Texas Civil Rights Project. |
Some of the landowners sued have kept the properties in their families for generations. But the Texans say the government’s timing has left them further disadvantaged in a process in which the administration already has the law on its side. Landowners adhering to coronavirus guidelines have been unable to meet with their relatives to discuss the government’s offers, to confer with lawyers on how to fight the government or to consult appraisers on the accurate value of their land. Some have questioned why the push to access their properties is coming as the coronavirus spreads, and they try to avoid social contact. | Some of the landowners sued have kept the properties in their families for generations. But the Texans say the government’s timing has left them further disadvantaged in a process in which the administration already has the law on its side. Landowners adhering to coronavirus guidelines have been unable to meet with their relatives to discuss the government’s offers, to confer with lawyers on how to fight the government or to consult appraisers on the accurate value of their land. Some have questioned why the push to access their properties is coming as the coronavirus spreads, and they try to avoid social contact. |
“They want to do it all obviously prior to November” and the election, said Steven Kobernat, a 61-year-old landowner in Starr County who said he felt hounded by the Department of Justice. “But here we are in a pandemic. We can’t meet, we can’t meet with our families. And then D.O.J. says it’s time-sensitive in a time of pandemic. It’s just absurd.” | “They want to do it all obviously prior to November” and the election, said Steven Kobernat, a 61-year-old landowner in Starr County who said he felt hounded by the Department of Justice. “But here we are in a pandemic. We can’t meet, we can’t meet with our families. And then D.O.J. says it’s time-sensitive in a time of pandemic. It’s just absurd.” |
The Justice Department said in a statement, “We are following all local, state and federal Covid protocols for all phases of land acquisition and court work.” | The Justice Department said in a statement, “We are following all local, state and federal Covid protocols for all phases of land acquisition and court work.” |
Raini Brunson, a spokeswoman for the Army Corps of Engineers, which is leading construction, said the agency was committed to the safety of employees, contractors and “the people in communities in which we work.” The agency “continues to execute its border barrier infrastructure mission in order to safeguard national security capabilities,” she added. | Raini Brunson, a spokeswoman for the Army Corps of Engineers, which is leading construction, said the agency was committed to the safety of employees, contractors and “the people in communities in which we work.” The agency “continues to execute its border barrier infrastructure mission in order to safeguard national security capabilities,” she added. |
Ms. Alvarez had just come back to Starr County in March when she noticed something strange on her property: construction markers jammed into the earth to measure elevation. Crews had come to her land while she was in Washington to testify to Congress against the border wall. | Ms. Alvarez had just come back to Starr County in March when she noticed something strange on her property: construction markers jammed into the earth to measure elevation. Crews had come to her land while she was in Washington to testify to Congress against the border wall. |
Months before, Ms. Alvarez had encountered government contractors on her property who claimed they had received permission from a relative to survey the land. She refused them access, but her family has continued to see construction crews driving around their land. | Months before, Ms. Alvarez had encountered government contractors on her property who claimed they had received permission from a relative to survey the land. She refused them access, but her family has continued to see construction crews driving around their land. |
Mr. Kobernat feels similar pressure. When the Army Corps of Engineers pressed him to accept an offer for seven acres of his family’s farm, he pleaded for time to allow the pandemic to ebb. | Mr. Kobernat feels similar pressure. When the Army Corps of Engineers pressed him to accept an offer for seven acres of his family’s farm, he pleaded for time to allow the pandemic to ebb. |
“There is a sudden mad rush to obtain our property by pushing us to sign and sell immediately. But due to the extraordinary current pandemic crisis, we simply need more time,” Mr. Kobernat wrote in an April 27 email to Army Corps and Border Patrol officials. “Our family is presently unable to safely confer with each other or our attorney as we need to — due to my mayor, my governor and your boss’s shelter-in-place rules.” | “There is a sudden mad rush to obtain our property by pushing us to sign and sell immediately. But due to the extraordinary current pandemic crisis, we simply need more time,” Mr. Kobernat wrote in an April 27 email to Army Corps and Border Patrol officials. “Our family is presently unable to safely confer with each other or our attorney as we need to — due to my mayor, my governor and your boss’s shelter-in-place rules.” |
Shortly after that, he began getting calls from the Justice Department telling him to cooperate with the Army Corps or risk a lawsuit. | Shortly after that, he began getting calls from the Justice Department telling him to cooperate with the Army Corps or risk a lawsuit. |
Lawyers and government officials agree that landowners already had few options. | Lawyers and government officials agree that landowners already had few options. |
They can choose to voluntarily allow the government to access and survey their land and, if the administration wants it, accept compensation that is supposed to be based on fair market value. But if they refuse, they are likely to be taken to court, where the government can use eminent domain powers to argue that the wall is an emergency and eventually take possession of their land. The government can then begin construction, even while continuing to argue with the landowners over compensation. | They can choose to voluntarily allow the government to access and survey their land and, if the administration wants it, accept compensation that is supposed to be based on fair market value. But if they refuse, they are likely to be taken to court, where the government can use eminent domain powers to argue that the wall is an emergency and eventually take possession of their land. The government can then begin construction, even while continuing to argue with the landowners over compensation. |
Ricky Garza, a staff lawyer for the Texas Civil Rights Project, said the timing of the government’s push for private property had made what was already an uphill battle for the landowners even more challenging. | Ricky Garza, a staff lawyer for the Texas Civil Rights Project, said the timing of the government’s push for private property had made what was already an uphill battle for the landowners even more challenging. |
“They’ve taken advantage of people sheltering in place. People have not been able to seek out attorneys,” Mr. Garza said. “We haven’t seen any signs of it slowing down. The landowner is really at the mercy of what the government is trying to do.” | “They’ve taken advantage of people sheltering in place. People have not been able to seek out attorneys,” Mr. Garza said. “We haven’t seen any signs of it slowing down. The landowner is really at the mercy of what the government is trying to do.” |
Many of the property owners are still enlisting lawyers to negotiate. Some hope they can delay the process beyond the election, when the construction of the wall may not be as much of a priority. | Many of the property owners are still enlisting lawyers to negotiate. Some hope they can delay the process beyond the election, when the construction of the wall may not be as much of a priority. |
Updated June 16, 2020 | |
The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave. | |
So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. | So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. |
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. | Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. |
A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. | A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. |
The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. | The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. |
Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission. | Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission. |
States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people. | States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people. |
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. | Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. |
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) | If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) |
Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications. | Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications. |
The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing. | The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing. |
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. | If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. |
If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested. | If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested. |
But Mr. Trump is pressing forward as fast as possible. As the coronavirus spread in March, he tweeted, “We need the Wall more than ever,” despite a top health official saying he had not seen evidence that physical barriers would prevent the spread of the virus. The president’s border agency recently started a website showcasing videos of the wall’s construction, months after Mr. Kushner and his allies pushed the Department of Homeland Security to livestream the building of the project. | But Mr. Trump is pressing forward as fast as possible. As the coronavirus spread in March, he tweeted, “We need the Wall more than ever,” despite a top health official saying he had not seen evidence that physical barriers would prevent the spread of the virus. The president’s border agency recently started a website showcasing videos of the wall’s construction, months after Mr. Kushner and his allies pushed the Department of Homeland Security to livestream the building of the project. |
The administration has also waived federal contracting laws to speed construction of the wall; 194 miles have been completed as of this week, up from 93 in December. All but three of the miles are in areas where dilapidated barriers existed or vehicle barriers once stood. The federal government also recently gave a nearly $1.3 billion contract to a North Dakota company backed by Stephen K. Bannon to construct 42 miles of the wall, despite the Office of Inspector General for the Department of Defense examining an earlier $400 million contract given to the company. | The administration has also waived federal contracting laws to speed construction of the wall; 194 miles have been completed as of this week, up from 93 in December. All but three of the miles are in areas where dilapidated barriers existed or vehicle barriers once stood. The federal government also recently gave a nearly $1.3 billion contract to a North Dakota company backed by Stephen K. Bannon to construct 42 miles of the wall, despite the Office of Inspector General for the Department of Defense examining an earlier $400 million contract given to the company. |
With recent funding transfers from the Department of Defense, the administration now has $15 billion to build 731 miles of border wall. John B. Mennell, a Customs and Border Protection spokesman, pointed to data that suggested the agency could build about 500 miles of wall on federal border land, without private acquisitions. The agency has apparently tried to lower expectations in recent months, removing language from weekly border wall bulletins that said the administration expected to have 450 miles completed by the end of the year. | With recent funding transfers from the Department of Defense, the administration now has $15 billion to build 731 miles of border wall. John B. Mennell, a Customs and Border Protection spokesman, pointed to data that suggested the agency could build about 500 miles of wall on federal border land, without private acquisitions. The agency has apparently tried to lower expectations in recent months, removing language from weekly border wall bulletins that said the administration expected to have 450 miles completed by the end of the year. |
By the Trump administration’s own logic, private land in South Texas is where the wall is most needed. The border agency recorded more than 34,000 illegal crossings in the Rio Grande Valley in fiscal year 2019, the most of any border sector. | By the Trump administration’s own logic, private land in South Texas is where the wall is most needed. The border agency recorded more than 34,000 illegal crossings in the Rio Grande Valley in fiscal year 2019, the most of any border sector. |
“It is the shortest land route from the Guatemala-Mexico border to the U.S. It is an environment that is very difficult to enforce,” said Gil Kerlikowske, the Customs and Border Protection commissioner under President Barack Obama. “It should be the focal point.” | “It is the shortest land route from the Guatemala-Mexico border to the U.S. It is an environment that is very difficult to enforce,” said Gil Kerlikowske, the Customs and Border Protection commissioner under President Barack Obama. “It should be the focal point.” |
Melissa Cigarroa, 53, said she had rarely thought of the border in Zapata County, Texas, as dangerous. The land brings to mind skeet shooting or watching aoudads — or Barbary sheep — make their way through her family’s 150-acre ranch. | Melissa Cigarroa, 53, said she had rarely thought of the border in Zapata County, Texas, as dangerous. The land brings to mind skeet shooting or watching aoudads — or Barbary sheep — make their way through her family’s 150-acre ranch. |
So far, she has refused to sign documents allowing the government to enter her property. | So far, she has refused to sign documents allowing the government to enter her property. |
“Why are we going to be the guinea pigs?” Ms. Cigarroa said. “We’re such a little town on the border. It is ridiculous.” | “Why are we going to be the guinea pigs?” Ms. Cigarroa said. “We’re such a little town on the border. It is ridiculous.” |
Mr. Kobernat said he incorrectly thought that when he sold one acre to the federal government a year ago to build a watchtower for Border Patrol, he and his siblings might be spared from the border wall, which could turn a portion of their farmland into a “no man’s land” between the wall and the Rio Grande. | Mr. Kobernat said he incorrectly thought that when he sold one acre to the federal government a year ago to build a watchtower for Border Patrol, he and his siblings might be spared from the border wall, which could turn a portion of their farmland into a “no man’s land” between the wall and the Rio Grande. |
He said he would not give the federal government an answer until he could meet with his siblings, who share ownership of the property. All of them are vulnerable to the coronavirus. | He said he would not give the federal government an answer until he could meet with his siblings, who share ownership of the property. All of them are vulnerable to the coronavirus. |