But the Department of Homeland Security in 2005 waived all environment laws, the first time it had done so since Congress granted it the authority. Border Patrol officials argued that thousands of people every year still tried crossing through that stretch of the border, and that the rugged terrain prevented agents from accessing the area.
When the project is finished, Border Patrol officials say, agents will be able to cut valuable minutes off the time it takes to get from the gulch to the coast, and some of them will be freed up to patrol other areas. They also say the project includes measures that will safeguard the environment, including retaining walls and other erosion-control measures to protect the Tijuana River estuary.
Environmental groups monitoring the construction say the recent floods in the Tijuana River Valley suggest that sediment from erosion is already filling the estuary. They plan to seek federal and state money to fix the problem.
"We've lost sensitive habitat, and the estuary is now threatened," said Jim Peugh, conservation chairman of the San Diego Audubon Society. "I'm really disappointed that our system wasn't allowed to work the way it has historically and is required to by law."
One thing appears certain: Smuggler's Gulch won't live up to its name anymore.
Though smugglers still live on the Mexican side, camping under tarps and charging tolls to cross or be guided across the border, the walls of dirt and the fencing will probably block most incursions, Swanson said. "It's logistically impossible," he said. "It'll be pretty much in a lockdown state."
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richard.marosi@latimes.com
