The US border fence: and the Americans stuck on the “wrong” side

by Chris Bertram on May 16, 2011

Fascinating article in the British paper the Independent about the US anti-immigrant border fence and the fact that in parts of Texas engineering considerations have put 50,000 acres of US territory on the Mexican side of the fence. For those who live in this pocket, life doesn’t sound much fun:

… this corner of south-eastern Texas had its barrier constructed on a levee that follows a straight line from half a mile to two miles north of the river, leaving Ms Taylor’s bungalow – along with the homes and land of dozens of her angry neighbours – marooned on the Mexican side. “My son-in-law likes to say that we live in a gated community,” she says, explaining that to even visit the shops she must pass through a gate watched over by border-patrol officers. “We’re in a sort of no man’s land. I try to laugh, but it’s hard: that fence hasn’t just spoiled our view, it’s spoiled our lives.”

(via @PhillCole on twitter, x-posted from the Territory and Justice blog, which I’m going to be breathing some new life into. )

{ 41 comments }

1

Ed 05.16.11 at 3:19 pm

I think this post is making way too much of this. Disconnected pieces of territories and cul-de-sacs and similar historical anomalies are not unusual with territorial borders, and used to be quite common. There is a similar example with the US-Canadian border, in Minnesota, though I don’t think anyone actually lives in the cul-de-sac. You have to draw the line somewhere.

In this instance, the US could pay the people involved to move, just cede the territory to Mexico (its pretty useless from the US government perspective), or everyone could just put up with the situation. The latter is the normal solution.

Also, the international frontier (the limits to what the state claims as its sovereign territory), the customs frontier, and the immigration control frontier don’t have to coincide, and in fact they usually don’t. Special administrations for frontier zones also happen to be at least not ununsual throughout history.

2

Chris Bertram 05.16.11 at 3:25 pm

_There is a similar example with the US-Canadian border, in Minnesota, _

Oh, I wasn’t aware that the US was constructing an anti-immigrant barrier on its Canadian border …. Oh hang on, it isn’t.

3

Daniel 05.16.11 at 3:38 pm

There is a similar example with the US-Canadian border, in Minnesota, though I don’t think anyone actually lives in the cul-de-sac

if nobody lives there and there isn’t anti-immigrant fence, it isn’t a very similar example, is it?

4

J. Otto Pohl 05.16.11 at 4:02 pm

When I lived in Arivaca on the Arizona-Mexican border we had to go through a border patrol check point some distance to the north of us to get to Tucson. That is the actual enforcement of the border was done inside the US and Arivaca and other communities were on the southern or Mexican side of the checkpoint. So in some sense this is not new. But, at least we did not have to go through a fence. On the other hand my first thought when I saw this was that Texas was the new Palestine.

5

Wrenkin 05.16.11 at 4:05 pm

There are some people who live in that pocket. There was a brief controversy over a feigned independence movement.

6

Adrian 05.16.11 at 4:07 pm

Apparently there are (at least) 5… but who’s counting.

http://www.howderfamily.com/blog/canadian-border-anomalies/

7

john b 05.16.11 at 4:34 pm

Hang on. Is there *actually* a place in Minnesota where there’s both a road and no formal US/Can border? If so, why isn’t anyone already running truckloads of weed across it?

8

Myles 05.16.11 at 5:28 pm

Hang on. Is there actually a place in Minnesota where there’s both a road and no formal US/Can border? If so, why isn’t anyone already running truckloads of weed across it?

Doesn’t work. People tried smuggling weed across national parks on the border; they get caught in the national parks. Border patrol isn’t actually just literally on the border, especially as the border is practically undefended.

Also, you have to realize how remote Minnesota is from both the Canadian and U.S. perspectives, as the bordering Canadian province is Manitoba. It’s just not worth it.

9

roac 05.16.11 at 6:09 pm

For some reason it is less well known than the Northwest Angle, but here is a peninsula extending southward into northern Puget Sound, the tip of which is south of the 49th parallel, and thus US territory. It’s called Point Roberts. The people who live there (1300 of them according to Wikipedia) have to drive through Canada to get anywhere else in the US.

(I have never been there myself. I am told that in the summer, Canadians go there in order to sin.)

10

Myles 05.16.11 at 6:22 pm

The people who live there (1300 of them according to Wikipedia) have to drive through Canada to get anywhere else in the US.

(I have never been there myself. I am told that in the summer, Canadians go there in order to sin.)

Actually, it functions mostly a a big PO box for Canadians, as well as a marina for Canadian yachtsmen who want to take advantage of more latitudinous regulations there.

11

jre 05.16.11 at 6:27 pm

That pitiful enclave, or one a lot like it, was featured in Rory Kennedy’s documentary The Fence / La Barba. It’s recommended watching, if you want to see how an utter failure of concept can lead to a project being scary and pathetic at the same time.

12

belle le triste 05.16.11 at 6:38 pm

Is it an enclave or an exclave?

13

Matthew Ernest 05.16.11 at 7:30 pm

The Northwest Angle and Point Roberts are irrelevant comparisons since although the land-only route would involve crossing an international border and thus dealing directly with a border crossing, the water route is completely within the US and results in no border crossing. The “Disconnected pieces of territories and cul-de-sacs and similar historical anomalies” that Ed alludes to are irrelevant comparisons because they all involve a different country on the other side of each border.

The point that many seem to be missing is that BOTH SIDES of that fence are in the United States, but you can’t get there from here. This fence is an INTERNAL barrier.

14

Richard J 05.16.11 at 7:37 pm

As a close reading of the table linked to might suggest, there’s surprisingly many territorial exclaves in the EU, even setting aside the more well-known anomalies such as San Marino, Monaco and Liechtenstein. Generally speaking they seem to mainly exist, these days, as tax dodges.

http://www.hmrc.gov.uk/vat/managing/international/esl/country-codes.htm

15

jre 05.16.11 at 7:45 pm

“Is it an enclave or an exclave?

Good point. It’s an exclave of the US, and an enclave of Mexico, so long as an infinitesimally thin layer of Mexico adheres to the southern face of the wall, like shrink-wrap.

16

Walt 05.16.11 at 7:51 pm

I once got lost driving back from British Columbia, and ended up in Point Roberts. I got the impression from the border guard that this is a common occurrence.

Point Roberts is pretty much exactly analogous, as long as the Strait of Juan de Fuca was dug by the US Army Corps of Engineers after the 1500 living there now moved there.

17

jre 05.16.11 at 7:53 pm

Ooh! Ooh! I just realized that it could be both an enclave and an exclave if we simply enforce that anyone declare when passing the checkpoint that he or she intends to enter the US [Mexico], and thenceforth will only hear English [Spanish] and only see cowboy shirts [serapes]. Send up the China-signal!

18

stostosto 05.16.11 at 7:54 pm

Is something going right over my head, or is there an elephant in the room here?

19

L2P 05.16.11 at 9:01 pm

“The point that many seem to be missing is that BOTH SIDES of that fence are in the United States, but you can’t get there from here. This fence is an INTERNAL barrier.”

“Internal barriers” are hardly unique, either. Four blocks from my house is an entire private community enclosed by a (government-built) wall. There’s any number of checkpoints, barriers, enclosures, bases, and physical restraints to travel.

IMHO, the problem with the border wall isn’t the isolation of a handful of american citizens. It’s the unilateral decision to wall off another country. These other issues are just searching for a reason to make this a problem fer Real Merkins, not damn furriners most americans barely acknowledge exist, let alone care about. I get the desire for that, but it really isn’t.

20

roac 05.16.11 at 9:23 pm

Point Roberts is pretty much exactly analogous, as long as the Strait of Juan de Fuca was dug by the US Army Corps of Engineers after the 1500 living there now moved there.

The body of water into which Point Roberts extends is the Strait of Georgia. What separates it from the US mainland is Boundary Bay. I brought up Point Roberts because it always strikes me as peculiar that it is less well-known than the Northwest Angle. Any example involving the Canadian border is a useful contrast. I had no intention to defend the border fence, nor do I see anybody else here defending it.

21

LFC 05.16.11 at 9:49 pm

@1: the international frontier (the limits to what the state claims as its sovereign territory), the customs frontier, and the immigration control frontier don’t have to coincide, and in fact they usually don’t.

Historically (let’s say through the 19th cent. e.g. in some European cases), these frontiers probably often did not coincide. But the divergences, while some still exist, are probably less noticeable today. Of course countries can claim their territorial waters extend in an Exclusive Economic Zone of 200 miles offshore, iirc, so in that sense, yes, the “international frontier” and the “customs frontier” do not coincide, since no one goes through customs 200 miles out in the ocean. But taken in this sense, the point about the non-coincidence of the int’l frontier and the customs frontier is somewhat trivial.

I seem to recall that British and French authorities in Dover and Calais have had a joint immigration control arrangement, giving the British power to make arrests in Calais and vice-versa (French in Dover). Perhaps I’ve gotten the details a little off but I think that was the gist. (A main target of the scheme being N. Africans trying to get into Britain from France.) AFAIK the U.S. and Mexico do not have an analogous set-up but I could be wrong. One would think (and one might be right) that fences don’t work, esp. along a border the length of U.S.-Mexico. However, fences’ popularity with govts worldwide is increasing.

22

Alex 05.16.11 at 10:29 pm

I seem to recall that British and French authorities in Dover and Calais have had a joint immigration control arrangement, giving the British power to make arrests in Calais and vice-versa (French in Dover).

And anywhere on certain railway lines. A while ago there was a row in the papers when a French border patrolwoman dropped her Beretta automatic on the concourse of Waterloo Station fetching a cup of coffee. IIRC she wasn’t actually outside the zone in which the French juxtaposed control was (or is? the Eurostar terminal isn’t there any more, I wonder if the treaty was amended) allowed to carry arms, but people freak out about foreign uniforms with guns. It’s pretty easy to forget about Lakenheath or Fairford – it’s out in the sticks and they aren’t allowed to take guns off the base – but in the middle of London?

23

Matt 05.16.11 at 11:06 pm

On the divergence between the international and the immigration control frontier, in the U.S., Immigration and Custom Enforcement (ICE) claims authorization to make immigration checks (perhaps customs, too, though I don’t know) anywhere w/in 100 miles of a U.S. border. (I’m not sure if the authority is authorized by statute or regulation, though I’d guess the latter.) A majority of the U.S. population lives w/in 100 miles of one border or another, so this is pretty significant. In the other direction, U.S. immigration officials now often do screening in Canadian airports, for flights going to U.S. airports where there are not normal passport control facilities.

(While in San Diego to attend the most recent APA Pacific Division meeting my wife and I rented a car and drove around. As I expected we’d go near, though not into Mexico, I made sure she took her green card. Sure enough, on a highway about 15 miles from the border- one that didn’t cross it- an immigration checkpoint was set up. In the end she didn’t have to show her documents, but I was glad she would have been able to if needed.)

24

Lemuel Pitkin 05.16.11 at 11:32 pm

I think the point isn’t the oddness of this particular stretch of border. (It certainly has nothing on the section of the Belgium-Netherlands border that features “a Belgian parcel within a Dutch parcel within a Belgian enclave, which in turn is surrounded entirely by Dutch territory.”) Rather, the point is that the militarization of the US-Mexican border turns the normal oddities of line-drawing from charming quirks to major problems for people living around them.

25

nick s 05.16.11 at 11:53 pm

I am told that in the summer, Canadians go there in order to sin.

Or buy gasoline. The maildrop business, definitely: it’s an easy way for Vancouverites to send and receive US mail cheaply and use online shopping services that are off limits to Canadian addresses.

The border situation in the US is complicated by the rights granted to Native Americans. The northern border is covered by the 1794 Jay Treaty, the southern border by other treaties and long-standing agreements. They might seem antiquated relics, but the people affected by them take those rights seriously.

26

Dogsbody 05.17.11 at 12:36 am

(I have never been there myself. I am told that in the summer, Canadians go there in order to sin.)

They go there to be scolded by puritans.

27

Norwegian Guy 05.17.11 at 3:43 am

“I brought up Point Roberts because it always strikes me as peculiar that it is less well-known than the Northwest Angle. Any example involving the Canadian border is a useful contrast. I had no intention to defend the border fence, nor do I see anybody else here defending it.”

For what it’s worth, I knew about Point Roberts, but I had never heard about the Northwest Angle before I read this comments thread. And the differences between the US-Canadian and the US-Mexican borders are not at all surprising, considering the differences in wealth between the two countries in question. It’s not an American exceptionalism either. I can assure you that the border regimes between Norway and Sweden, Finland and Russia, are quite different. Border fences are found in Europe as well.

28

tsts 05.17.11 at 3:45 am

Hmm, not sure I understand the issue here. Maybe building a an anti-immigrant barrier is a stupid idea. That is an interesting but separate question.

But accepting this decision, it appears to me that eminent domain has been asserted for far more minor projects in many places in the US. In this case, people were allowed to stay. Should eminent domain have been used instead?

29

maidhc 05.17.11 at 4:25 am

US Customs and Immigration maintain posts at certain airports in other countries. I know Toronto and Shannon, and I think there are a few more. You can go through Customs and Immigration and be for legal purposes in the US while physically being (in the case of Shannon) thousands of miles away in Ireland.

Of course in any international airport there is a zone that you go through that is physically in that country, but before you have been legally admitted. In some cases they might refuse to let you in and then you are stuck in that little zone.

30

Joshua W. Burton 05.17.11 at 4:38 am

The Jay Treaty allows HM subjects and US citizens, as well as Native Americans, to paddle freely between the two countries. In the Boundary Waters Canoe Area and adjoining Quetico Provincial Park, this is a routinely exercised right — I have a photo of my son, then ten years old, standing astride our canoe like the Colossus, with one foot firmly in Minnesota and the other in Ontario. (Exact location: 48.251771,-91.954172, and well worth four days of paddling and portaging to reach.) However, sleeping in the opposing park does require a permit.

The more interesting border concerns derive from the Treaty of Ghent, twenty years later, and the implementing Rush-Bagot agreement that followed it. The US and Canada are each limited to three 100 ton vessels, armed with a single 18-pounder per ship, on the whole of the Great Lakes. This provision came under strain in the American Civil War and again during Prohibition, and was informally amended by letters of understanding when Lake Michigan was used for naval aviation training in World War II, but it remains in force. Under the GWB administration, the US Coast Guard added several gunboats to the Great Lakes patrol, with a mission that clearly exceeded the 1940s training exception. According to an article in the Chicago Tribune (which I can’t find now, alas), Ottawa lodged a written protest, and was blandly assured that these American guns don’t count because they are aimed exclusively southward.

31

CapnMidnight 05.17.11 at 4:41 am

Somebody should make a boring and fake-humanistic movie about that! With that guy who used to be a little bit funny! Doing a zany accent!

32

ajay 05.17.11 at 9:16 am

Ottawa lodged a written protest, and was blandly assured that these American guns don’t count because they are aimed exclusively southward.

I have an image of the guns being welded in place pointing in one direction, so that the gunboats have to patrol from (say) Buffalo to Trenton, and then throw their engines into reverse and patrol from Trenton to Buffalo backwards in order not to breach the Treaty of Ghent.

33

Chris Bertram 05.17.11 at 9:37 am

The Jay Treaty, fwiw, was the background to the excellent film Frozen River, with Melissa Leo on the lead (about 3 years back). About people smuggling.

34

roac 05.17.11 at 1:31 pm

JW Burton @ 30: Gunboats on the Great Lakes. Anti-terrorist gunboats, I guess. That is mind-boggling. I want to know more. I would find it hard to believe, except that a few years ago the government put in some super-duper-secret installation on the banks of the Potomac, just downstream from the 14th Street Bridge. Word of what it is and what it is for has never leaked out AFAIK, but the predominant speculation — which actually comes closer to sounding sane than any alternative I have heard — is that it is supposed to stop Al-Qaida from coming upriver in submarines and shelling the White House.

(WWII aviation training in Lake Michigan is a fascinating story. The Navy needed a ship for cadets to practice carrier landings and takeoffs on. Anywhere in either ocean, such a ship would have tied down a couple of destroyers as an anti-submarine screen. So they took an old excursion steamer and put a flight deck and catapult on it. It was beautifully anachronistic, being both coal-fired AND propelled by paddle wheels. Google “USS Wolverine” if you don’t believe me.)

(I don’t believe it carried any armament at all.)

35

john b 05.17.11 at 2:38 pm

The first ever fatal submarine attack in military conflict was by the Glorious Confederacy to sink Union ships in port during the War Of Northern Aggression, so I’m assuming there’s a folk memory in US naval history that you can’t be too careful.

36

Alex 05.17.11 at 2:52 pm

Great Lakes naval warfare is also at the heart of a famous case in international law. As Daniel Webster wrote to Lord Ashburton, instant, absolute, and overwhelming, leaving no choice of means nor moment for reflection. (Sounds like running into the IMF managing director in a hotel bathroom.) Those, however, are the conditions in which a state is justified in taking pre-emptive action. (Also true, come to think of it…)

http://en.wikipedia.org/wiki/Caroline_Affair

37

Myles 05.17.11 at 3:00 pm

The first ever fatal submarine attack in military conflict was by the Glorious Confederacy to sink Union ships in port during the War Of Northern Aggression, so I’m assuming there’s a folk memory in US naval history that you can’t be too careful.

I doubt anyone on the North American continent actually knows this save for really really keen military buffs.

38

roac 05.17.11 at 3:10 pm

And, just possibly, people who watched this movie. (Starring that notorious Canadian, Jack Bauer Sr., as Gen. P.G.T. Beauregard.)

39

Joshua W. Burton 05.18.11 at 2:29 am

Gunboats on the Great Lakes. Anti-terrorist gunboats, I guess. That is mind-boggling. I want to know more.

Original press sources seem to have 404’d unusually quickly, but here’s TNH on the case, with an extended quote from a London, ON paper. The “operational readiness” spin from USCG is not very reassuring, especially when the “safety zones” are all in US waters.

40

Joshua W. Burton 05.18.11 at 2:38 am

And here’s a published primary source that hasn’t yet succumbed to bit rot.

41

Pete 05.18.11 at 10:41 am

If a child of Mexican parents is born in the US region on the wrong side of the fence, are they still an American? At the moment the law clearly says yes. I fear that the next step is to erode that – Birthirsm for the masses – so that someone is not an American national unless they have an American parent. Then the fence moves into institutions rather than being a physical fence.

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