Congress responded to these enforcement needs, in part, with the passage of the Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA) of 1996. This comprehensive law, among other things, expanded the existing fence by authorizing the INS toÂ construct a triple-layered fence along the same 14 miles of the U.S.-Mexico border near SanÂ Diego. Section 102(b)âbefore its amendment in the Secure Fence Act of 2006 ( P.L. Recent Developments

		The Controversy

By 2004, only nine miles of the 14 miles of fence authorized to be constructed had been completed. However, the 109 th Congress subsequently passed the REAL ID Act of 2005 ( P.L. 109-13 , Div. B), which authorized the Secretary of Homeland Security to waive all legal requirements determined necessary to ensure expeditious construction of barriers and roads authorized under IIRIRA Â§ 102. 109-367 ), which removed the specific provisions authorizing the San Diego fence and added provisions authorizing five stretches of two-layered reinforced fencing along the southwest border. While the specific authorization of the San Diego fence was deleted, the project appears permissible under the general fence authorization in Â§102(a) of IIRIRA. In the 110 th Congress, S. 1639 , introduced by Senator Edward Kennedy on June 20, 2007, would amend Â§ 102 of IIRIRA to once again expressly authorize the construction of the San Diego fence. 109-90 ) provides $35 million for the construction of the border fence in San Diego.
This report outlines the issues involved with DHS's construction of the San Diego border fence and highlights some of the major legislative and administrative developments regarding its completion; it will be updated as warranted. (For more analysis of border fencing and other barriers, please see CRS Report RL33659, Border Security: Barriers Along the U.S. International Border , by [author name scrubbed], Yule Kim, and [author name scrubbed].) Congress first authorized the construction of a 14-mile, triple-layered fence along the U.S.-Mexico border near San Diego in the Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA) of 1996. By 2004, only nine miles had been completed, and construction was halted because of environmental concerns. The 109 th Congress subsequently passed the REAL ID Act ( P.L. 109-13 , Div. B), which contained provisions to facilitate the completion of the 14-mile fence. These provisions allow the Secretary of Homeland Security to waive all legal requirements determined necessary to ensure expeditious construction of authorized barriers and roads. In September 2005, the Secretary used this authority to waive a number of mostly environmental and conservation laws. Subsequently, the Secure Fence Act of 2006 ( P.L. 109-367 ) removed the specific IIRIRA provisions authorizing the San Diego fence and added provisions authorizing five stretches of two-layered reinforced fencing along the southwest border. While the specific authorization of the San Diego fence was deleted, the project appears permissible under a separate, more general authorization provision of IIRIRA. In the 110 th Congress, S. 1639 , introduced by Senator Edward Kennedy on June 20, 2007, would amend Â§ 102 of IIRIRA to once again expressly authorize the construction of the San Diego fence.