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Claims Court Won't Halt Border Fence Deal Over Protest (NM)
Law360 ^ | 29 May, 2019 | Law360

Posted on 05/29/2019 8:01:21 PM PDT by BeauBo

A Court of Federal Claims judge refused to reinstate a stay on the US Army Corps of Engineers work on a southern border fence under a $789 million contract.

(Excerpt) Read more at law360.com ...


TOPICS: Foreign Affairs; Government; Mexico; US: Arizona; US: California; US: Florida; US: New Mexico; US: New York; US: Texas
KEYWORDS: arizona; borderwall; california; columbus; fisher; florida; judiciary; mexico; newmexico; newyork; protest; texas
The first two contracts awarded by DoD for border barrier (11 miles around Yuma, and 46 miles heading West from El Paso, past the Columbus Port of Entry in NM), were protested by a losing vendor (Fisher).

The contract around Yuma was rescinded, and should be being quickly re-competed.

This ruling, just unsealed today, effectively denies Fisher's protest of the 46 miles in New Mexico.

A California judge has separately put a stay on using DoD money for these contracts, so that has to be worked through separately. But the contract award protests seem to be over.

1 posted on 05/29/2019 8:01:21 PM PDT by BeauBo
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To: Tammy8

FYI, looks like the contract protest for the 46 miles of barrier in NM is over, and the contract stands.

Now they just have to clear away this other judge’s stay on using DoD money, from a Sierra Club lawsuit (essentially a baseless harassment/delaying tactic).


2 posted on 05/29/2019 8:05:20 PM PDT by BeauBo
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To: BeauBo

Awesome! Fantastic news...every mile is fought for, every mile appreciated. Replacement is replacing 4’ of junk metal with a tall bollard wall so don’t let anyone tell you it doesn’t count! Real fence anywhere always counts!

No plans for my area yet though one segment is headed my direction- but I am cheering because I know how hard it is to come by and every foot makes this country and our people more secure!


3 posted on 05/29/2019 8:42:00 PM PDT by Tammy8
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To: Tammy8

“No plans for my area yet”.

1. Hundreds of potential miles from the DoD funding have yet to be designated. Those plans have not been publicized yet, and might even change before being finalized.

2. As you point, Real fence anywhere always counts! It will free up resources to better patrol unfenced or poorly fenced areas.

3. More personnel are in the plan.

4. Technology program rollout does come with the barrier, but they are also rolling out in places without barrier. Like barrier, this is the biggest year by far for technology deployments.

For example, although they don’t yet have a barrier award, the whole border through the Tohono O’odham Reservation in Arizona is getting permanent mast-mounted fixed camera installation. Software can monitor all those cameras continuously, and alert the humans reliably. That is a game changer, and it is only one of the technology programs rolling out. Something like that might be coming to cover your sector already.

The major muscle movements of strengthening the border really start this year, and should be well felt next year.


4 posted on 05/29/2019 9:12:39 PM PDT by BeauBo
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To: BeauBo

Yes I feel good about the fence/wall whatever anyone wants to call it. Hopefully our area will get more, but you are right the resources go further when there is more somewhere.


5 posted on 05/29/2019 10:03:44 PM PDT by Tammy8
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To: BeauBo

Good!


6 posted on 05/29/2019 10:18:39 PM PDT by Rusty0604 (2020 four more years!)
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To: BeauBo

I am optimistic about this, but what to do about this?

Over 2,200 Apprehensions for the El Paso Sector Border Patrol on Memorial Day

https://www.freerepublic.com/focus/f-news/3752933/posts

They were all parading in an a city within our borders.


7 posted on 05/29/2019 10:29:39 PM PDT by Rusty0604 (2020 four more years!)
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To: Rusty0604

“but what to do about this?

Over 2,200 Apprehensions for the El Paso Sector Border Patrol on Memorial Day”

There is no single silver bullet, that will knock out the whole problem.

We need a sustained full court press on all the causes. We really need Congress to revamp the immigration and asylum laws, to strengthen enforcement, and remove incentives.

Barrier building is a multi-year effort. The Trump Administration, in response to the President’s Executive Order from his first week in office, has done the analysis, and developed a comprehensive plan for full operational control of the Southern Border. It is a five year program, requiring $25 billion, 1,100 miles of barrier, thousands of full time positions and several technology programs.

That program is just from the Law Enforcement side of the issue. The laws themselves need to be corrected to select immigrants based on merit, dissuade people from coming illegally, identify and expedite removal of violators.

There is some “emergency” legislation currently drafted in the Senate to address a few of the pressing issues, like the asylum and accompanied/unaccompanied child loopholes that are drawing the current surge. I don’t know how it might fare in the House of Representatives, with the Democrats in control there.

The Trump Administration is pressing ahead strongly on building barrier, and several other fronts to control immigration and secure the border.


8 posted on 05/29/2019 11:01:33 PM PDT by BeauBo
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To: BeauBo
There is no single silver bullet, that will knock out the whole problem.

Bullshit! The greatest military force in the world cannot even defend itself?

CLOSE THE BORDER!


9 posted on 05/29/2019 11:50:43 PM PDT by SanchoP (Why does DC hate Americans so much ?)
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To: SanchoP

“There is no single silver bullet, that will knock out the whole problem.”

“Bullshit! The greatest military force in the world cannot even defend itself?”

Bullshit! More than half of illegal immigrants are visa overstays. It is not a military problem; it is a mixed bag of legal, policy and Law Enforcement problems.

The Military is going to start violating the laws of war, and start shooting unarmed civilians? Mothers with babies?

Bullshit!

And some ignorant, simple minded bullshit at that.


10 posted on 05/30/2019 4:20:25 AM PDT by BeauBo
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To: BeauBo
The Military is going to start violating the laws of war, and start shooting unarmed civilians? Mothers with babies?

Explain these "laws of war" or is that merely a catch phrase out of a 'rat playbook to emphasize that our military is a bunch of "baby killers".

11 posted on 05/30/2019 8:21:40 AM PDT by SanchoP (Why does DC hate Americans so much ?)
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To: SanchoP

“Explain these “laws of war””

The Geneva and Hague Conventions, and the US Uniform Code of Military Conduct, mainly.


12 posted on 05/30/2019 3:33:29 PM PDT by BeauBo
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To: SanchoP

“Explain these “laws of war””

A simple google search reveals the wikipedia article as its first result - which explains distinction and proportionality.

In the USA, the Military is specifically restricted from Law Enforcement functions by the Posse Comitatus Act.


13 posted on 05/30/2019 3:38:52 PM PDT by BeauBo
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To: BeauBo
In the USA, the Military is specifically restricted from Law Enforcement functions by the Posse Comitatus Act.

Straight out of the 'rat playbook but they want it both ways. Border Enforcement and Law Enforcement are entirely separate entities and 'rats love that (Sanctuary cities) but on using the military to defend the border (which is one of their Constitutional duties) the 'rats go berserk screaming "Posse Comitatus" which doesn't apply.

---- and about those "Baby Killers! That would be Bill Clinton with help from Janet Reno,Anne Richards and Wellsely Clark who murdered 74 innocent men,women and children with tanks at Waco.

14 posted on 05/30/2019 10:19:52 PM PDT by SanchoP (Why does DC hate Americans so much ?)
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