PALOMINAS — U.S. Rep. Raul M. Grijalva toured the ongoing border fence construction project at the San Pedro Riparian National Conservation Area on Monday to raise awareness for his proposed Borderlands Conservation and Security Act.

Glenn Spencer, left, of the American Border Patrol, has some issues with U.S. Rep. Raul Grijalva, right, as the 7th District Congressman visits the San Pedro River near Palominas and Spencer’s property on Monday. Tucson television newsman Bud Foster of Channel 13, center, listens. (Ed Honda-Herald/Review)

Grijalva, representing Arizona’s 7th Congressional District, and fellow Democrat Gabrielle Giffords of the 8th District are the only two of Arizona’s eight U.S. representatives whose districts abut the U.S.-Mexico border. Giffords’ district includes all of Cochise County.

Grijalva observed portions of the border fence and listened to concerns voiced by host Bill Odle, a nearby landowner who is opposed to the construction because it will negatively impact wildlife and create “a false sense of security.”

His attitude seemed to stand in stark contrast with the feelings of some Americans in the borderlands who say the fence has been needed for a long time to help stem the flow of illegal migration from Mexico.

Grijalva told reporters that after seeing the fence first hand, he felt “overwhelmed” by the seriousness of the issue.

He said he is worried about plans to put a barrier across the San Pedro River because of its consequences on wildlife and the environment.

He also questioned the fence’s long-term effectiveness. He said the fence will not be “the deterrent, the prevention or the real stoppage of illegal entrants into this country.”

People who staunchly oppose illegal immigration say the fence is simply one element of a larger strategy to stop the flow of illegal border crossings.

Grijalva, whose district has witnessed deadly clashes between rival smugglers in the past year, remarked, “This is a corridor. People will inevitably, if they have not already, find a way around, through or over this construction.”

His proposed legislation, the Borderlands Coservation and Security Act of 2007, also known as HR 2593, would require the Department of Homeland Security to consult with federal land managers and tribal officials to create a strategy that supports both border security and protects lands.

The legislation would provide for flexibility rather than a one-size-fits-all approach to border security by allowing Homeland Security experts to decide whether fences, virtual fences, border barriers or other options are the best way to address border security.

Also, the legislation would require full public notice and participation on border security decisions, as well as ensure the government complies with laws protecting air, water, wildlife, culture and health and safety. In addition, it would fund initiatives that help mitigate damage to borderland habitat and wildlife.

Representatives of Defenders of Wildlife, the Sierra Club and the Center for Biological Diversity accompanied Grijalva on the tour.

Matt Clark, southwest representative for Defenders of Wildlife, said HR 2593 would “help to alleviate a lot of the conflict that is going on here along the border.”

Congress passed the Secure Fence Act in 2006, allowing for the construction of a wall and fencing along much of the southern border.

Defenders of Wildlife and the Sierra Club filed a lawsuit and on Oct. 10 a federal district judge ordered a delay in the construction in the San Pedro Riparian National Conservation Area because the government failed to fully study the environmental impact of the project.

Homeland Security Secretary Michael Chertoff invoked his power under the REAL ID Act on Oct. 22 to waive several laws to allow for the construction to be restarted.

Grijalva said he disagrees with Chertoff’s decision because he did not study the land or consult with local land managers, and because he used the REAL ID waiver.

Contacted by phone on Monday, Veronica Nur Valdes, spokeswoman for the Department of Homeland Security, said, “We stand by the secretary’s decision.”

“After all, he did determine that any further delay in constructing tactical infrastructure and fencing in the area would present a risk to our nation’s security,” she said.

Chertoff feels the fence will be beneficial to the environment because it will stop the traffic of illegal immigrants who leave trash and human waste in areas, according to Nur Valdes.

The Department of Homeland Security is taking steps to prevent the negative impacts on the environment. It agreed to work with a qualified biologist regarding wildlife concerns. Also, temporary vehicle barriers will be erected in the river that can be removed during flood season, according to Nur Valdes.

Clark said wildlife will be able to get over and through the vehicle barrier. But, he is concerned that the fence will funnel smuggling and enforcement activity into the riparian corridor.

He is also concerned the fencing structures may cause the river bed to shift. The fence may also increase sedimentation that could affect endangered fish. The fence will also block wildlife from accessing habitats across the border, he claimed.

On Nov. 1, Defenders of Wildlife and the Sierra Club filed a new lawsuit saying Congress violated the Constitution by giving Chertoff the authority to ignore the laws under the REAL ID Act.

According to Clark, the case will be reviewed by a judge at the federal district court level.

“If she rules in favor of our position, that will fast-track this case to the Supreme Court. If she doesn’t allow the amended complaint to move forward, it still may go to the Supreme Court, but it is less likely the Supreme Court will entertain it,” he said.

He is hopeful that the government will be required to remove some of the fencing and mitigate environmental damage.

During one portion of the tour, Grijalva also made a stop along the San Pedro River. Glenn Spencer, a neighboring landowner and president of American Border Patrol, a nonprofit border-watch group, came by and announced that it was against the law for the motor vehicles to be in the sensitive riverine area.

“There are two signs posted all the way in here. ‘No vehicles.’ ‘Authorized use only,’ ” said Spencer, who had parked outside the zone and had hiked up to the group.

The congressman and environmentalists apologized for the faux pas.

“Do you know that this is where American Border Patrol smuggled simulated weapons of mass destruction, up this river?” he continued. “We took it all the way into Sierra Vista ... ”

“This is one of the greatest threats to United States security, right here — the San Pedro River.”

Republican response

The president of the Arizona Senate, State Sen. Tim Bee of District 30, was sought for his reaction to the recent Democratic Congressional tours of the border.

“I hope that it’s effective, that it’s more than a photo opportunity for them, and that they will go back and get something done,” said Bee, who is exploring a possible challenge against Democratic U.S. Rep. Gabrielle Giffords next fall.

Bee noted that he himself has “taken lawmakers to the border numerous times.”

He criticized the Congress for its inaction on immigration, and he also said the state of Arizona continues to struggle with border issues.