Judicial Watch • Obama Judge: Mexican Border Fence May Have “Disparate Impact” on Minorities

Obama Judge: Mexican Border Fence May Have “Disparate Impact” on Minorities

Obama Judge: Mexican Border Fence May Have “Disparate Impact” on Minorities

MARCH 20, 2014

A Homeland Security initiative to put fencing along the U.S.-Mexico border could discriminate against minorities, according to an Obama-appointed federal judge who’s ruled that the congressionally-approved project may have a “disparate impact on lower-income minority communities.”

This of course means that protecting the porous—and increasingly violent—southern border is politically incorrect. At least that’s what the public college professor at the center of the case is working to prove and this month she got help from a sympathetic federal judge. Denise Gilman, a clinical professor at the taxpayer-funded University of Texas-Austin, is researching the “human rights impact” of erecting a barrier to protect the U.S. from terrorists, illegal immigrants, drug traffickers and other serious threats.

A 2006 federal law orders the construction of fencing or a wall along the most vulnerable portions of the nearly 2,000-mile southern border. This includes reinforced fencing along 700 miles of the southwest border with the Department of Homeland Security (DHS) determining the exact spots. Professor Gilman wants the identities of the landowners in the planned construction site to shed light on the impact the fencing will have on indigenous, minority and low-income communities. The feds refused to provide the information, asserting that it’s private.

The professor sued in federal court arguing that the public interest in how the fence will impact landowners outweighed any privacy concerns. The data will allow the public to analyze whether the government is treating property owners equally and fairly or whether the wall is being built in such a way that it disadvantages “minority property owners,” according to the professor. It will also help the public understand the actual dimensions of the wall and decisions related to where it’s placed.

Judge Beryl Howell, appointed to the U.S. District Court for the District of Columbia by President Obama in 2010, agreed that the public interest is significant. Her 37-page ruling also seems to indicate that she bought the discrimination argument. “Revealing the identities of landowners in the wall’s planned construction site may shed light on the impact on indigenous communities, the disparate impact on lower-income minority communities, and the practices of private contractors,” Howell wrote.

This is simply the latest controversy to strike the border fence project since Congress approved it to protect national security and curb an illegal immigration and drug-trafficking crisis. In the last few years the mayors of several Texas border towns have blocked federal access to areas where the fence is scheduled to be built, an Indian tribe tried to block the barrier in the Arizona desert by claiming the feds were intruding on tribal land and a group of government scientists claimed the fencing would threaten the black bear population.

Last summer Mexican officials expressed public outrage over U.S. efforts to secure the southern border, calling it a human rights violation and an “unfriendly act.” The fact is, a number of government reports have confirmed that it’s not just Mexicans crossing into the U.S. seeking a better life. In 2010 DHS warned Texas law enforcement agencies that a renowned Al Qaeda terrorist was planning to sneak into the U.S. through Mexico. That same year a veteran federal agent accused the government of covering up the growing threat created by Middle Eastern terrorists entering the country through the vulnerable Mexican border.

Violent crime in the region has been well documented with heavily armed Mexican drug cartels taking over chunks of land that serve as routes to move cargo north. In fact, a few years ago a State Department report exposed a “dramatic increase in violence” along the Mexican border and warned of “violent attacks and persistent security concerns” in the area. The document also lists tens of thousands of narcotics-related murders attributed to sophisticated and heavily armed drug cartels competing with each other for trafficking routes into the U.S.


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  • James Milb

    Political Correctness will be the downfall of America—- a disease that makes whites infested with unrightful guilt, and allows the most ridiculous legislation to pass. It puts the security & longevity of our country as a back-burner prioirty i lieu of marxist social projects

  • michaelcain

    even they do not want to admit that point

  • michaelcain

    Seriously he would veribly die of boredom if he were to stop communicating on the net . as for his verifiable bits of information must come from some old school teacher that does not even read the news any more. how ever he does have that fight ability still in tact. cheerio ole chap

  • michaelcain

    It is true if you are not part of the solution then you are part of the problem. BANG!!!

  • michaelcain

    Then we must stop using their media.

  • michaelcain

    we are being pushed into a rioting situation. jt is going to be a bloody time in America It will be something to see those that have made the transition legally to stand up against those ilegals

  • michaelcain

    even Pancho Villa would not approve of these conditions

  • michaelcain

    The politians are making too much money off this .

  • michaelcain

    It is the welfare group that does not understand . all these illegals are taking their welfare to the end.and we will not put forth anymore to replace it they will have to rob and steal to get anything and we are at large to shoot to defend

  • michaelcain

    I think that she should be on the list of providing aid to the enemy . Arrest her and those mayors that have blocked the path to the border, for control fences should be fined and warned . I think the I R$ S would gladly oblige this action

  • jaydee007

    Excerpt from The Constitution of the United States. (A document the judge took an OATH to uphold.)
    Article 4, Section 4. Republican form of government guaranteed. Each State to be protected.
    “The United States shall guarantee to every state in this union, a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened), against domestic violence.”

    Did you catch that little piece in there? “shall protect each of them against invasion”
    Judicial FAIL

  • ED Hamlin

    Hugh, You cannot use the definition of the mechanism to define the people. Many in the military are entrepreneurial capitalist working within a structure as do all people within the USA. The makeup of those in the military are predominantly conservative, then you have liberals, and others. To work within a socialistic mechanism doesn’t make one a socialist, that is like saying all Russians are socialists. It is why the USSR fell.

    I get political science, apparently you have your own views and that is fine. But again you cannot define me as a socialist because I serviced our nation in the military. That is to say all police, politicians, the VA, and all levels of government are socialists so americans are socialists.

  • justanaverageguy

    The great divide by those pushing immigration since 1965 was always intended to boost the power and influence of the pushers by dividing our once more common American culture. We’ve allowed ourselves to become deflected and enamored with entertainment propaganda that keeps our minds unconcerned while we are pitted against each other, thanks to the media and the PC police. .

  • justanaverageguy

    You mean the DC pols that put getting reelected and paying off their globalist bankster bundlers as their first priority instead of working to improve and secure America for Americans? And no I’m not talking Patriot Act type BS security, but real security with our economy, infrastructure and improving our nation.

  • Iquestionu

    A question…How can the Federal government put up fencing where the mayors of several border towns have blocked access for the feds to come onto their property? Is the statement above incorrect?

  • CaptainParker

    Address the argument presented and quit falling back on the old high school debater’s trick of personally attacking the person presenting the argument.

  • Gyst53

    Judge Howell was responsible for the 2001 Patriot Act. (U.S. Security) Now she is overriding her previous border security actions!
    How to resolve this issue?

    The US House of Representatives judiciary committee must have an annual
    review of all federal judges with three possible outcomes:

    1. Federal judges recommended for continued service.

    2. Federal judges alerted that their judicial performance is under special
    scrutiny for twelve months due to questionable decisions.

    3. Federal judges who must be investigated for potential articles of
    impeachment – with short House deadlines.

    This will re-balance the power between Congress and the Judiciary quickly –
    and make it clear to the left-wing judges that if they don’t take their oath
    seriously – they will be removed – and then potentially face criminal and/or
    civil court actions.

  • MilitaryVeteran

    Where does this lead? Gunny – it certainly means all of us active and retired military MUST vote in November. It means all of America’s conservatives need to vote in November – instead of sitting at home in disgust. It means if American citizens don’t take citizenship and associated duties and responsibilities as sacred trusts that MUST be exercised – America and our great Republic and Constitution will drift into the pages of history books. The Great Experiment will be . . . over. We must get the patriot voters to the polls – despite the massive Democrat voter registration and voting fraud that will take place. If it doesn’t work – our future voting may be through the 2nd Amendment with the guidance emanating from the Declaration of Independence. Nobody really wants that.

  • Gyst53

    Well Stated…

    Where does this all go from here when all that remains is deceit, tyranny and treason?

    All Federal Court nominees are being approved without Congressional filibuster over site or objection. Almost 100% of Federal Judges “overturning voter passed legislation” or obstructing judicial
    decision action are Carter, Clinton or Obama appointees.

    Who does one trust and/or who does one believe, is now a conspicuous fact in
    our legal system? Does Rule of Law have any relevance in America anymore or is
    “Quid Pro Quo” the order of the day????

  • HughManatee

    It doesn’t matter what your politics are. The military is inherently socialist. As are police, fire, streets, post office, etc. etc. etc. If you don’t get that you don’t get PoliSci 101.

  • ED Hamlin


    Hugh, you have no Idea hat it is to be in the military. To say that a member of the military is a socialist is like saying I am the president. My experience is the majority of member in the military are conservatives, patriots, who will give their life so others may have what the constitution provides. The plethora of racist banter her is enough to get you shot if you were on the battlefield. In the military there is no color, or nationality that is offensive. We are brothers of a bond by an oath. We have each others back, and will eliminate the enemy with prejudice. We don’t have any tolerance for those who want to destroy this great nation.

    Our current government needs to shrink and the military needs to grow, we need to grow industry and manufacturing in the US not overseas. We need to secure our borders and remove the baffoon that is in the white house. We need to replace the majority of congress because they are not doing their job. And you need to think about the dumb stuff you frequently spout. You look ignorant. I’ll give you the benefit and say you an reasonably intelligent person or you wouldn’t be commenting here. Yet what you spout about white supremacy is pure ignorance. There should not be any supremacy since we are all inferior in one way or another.

  • ssoldie

    Oh It’s a her, first Sotomayor and now Howell, not to wise but wacky…..D.D.D.

  • HughManatee

    You can be both a Socialist and a patriot. They are not mutually exclusive. If you were in the military, it doesn’t get more socialist than that.

  • ED Hamlin

    Why is it that we point out people different than us? Why do we look at a person’s place of origin as a negative versus a positive? So what if a person has different skin color or language. They want to live a life in freedom and peace. Racism comes from the evil min man’s heart. Evil creates men like Hitler, Hussein, Ayatollah Khomeini, and maybe even our own Barack Obama.

    Don’t get me wrong, we need to secure our borders! We cannot allow terrorists access to our country otherwise we will be no different that any other country where there is a daily or weekly terrorism event. We need to have documented controlled entry. I’m for allowing people in to have a better life, I am not for spreading the wealth to support them though. If I have to work my butt of to put a roof over my head, food on the table, and freedom from evil men, then that’s what needs to happen. Nothing is free in this world, everything has a price. Some of it’s is paid in blood.

    This conversation does nothing but show the evil in your own hearts. I’ll clarify at this point, I am not a socialist, I am a patriot. I served, I shed blood (not on the battle field though) , and still serve to support and defend the American people, so you can live according to our constitution. I believe that we can all live together if we put down the evil that lays wait to deprive others.

    The statements here have been made without knowledge of what one speaks. Speaking out in anger, irrationally because you are offended is evil in nature. Why be a part of the problem? It doesn’t take much to be a part of the solution. Do what is right and support the activities of those who are working to solve the problem. It is quite clear the Judge is legislating from the bench. It has to stop and be reversed.

    So use the intelligence God gave you and do what is morally right. Act is stead of blather on the internet.

    profoundly immoral and malevolent.
    “his evil deeds”
    synonyms:wicked, bad, wrong, immoral, sinful, foul, vile, dishonorable, corrupt,iniquitous, depraved, reprobate, villainous, nefarious, vicious, malicious;More

    profound immorality, wickedness, and depravity, especially when regarded as a supernatural force.
    “the world is stalked by relentless evil”
    synonyms:wickedness, bad, badness, wrongdoing, sin, ill, immorality, vice,iniquity, degeneracy, corruption, depravity, villainy, nefariousness,malevolence; More

  • OnTheRightInTampa

    Judge Howell flipped through the “documents” presented to her – Can I get a copy of these? – she then smiled sweetly at the picture of Obama (who gave her this wonderful job in 2010), and blathered on about “Human rights” and their CONFLICT (?) with America’s SOVEREIGN BORDER, and obeyed what she KNEW Obama would like – OPEN BORDERS.

    This “Case” had nothing to do with Legal priority (such as the Oath she took (or not) to protect the Constitution of the United States. I’m sure she’ll get a ‘pat on the head’ for her decision (can I get a copy of the decision? ALL 37 pages?).

    She made this decision on her own – and pleased her Master. Sleep well, Judge – You have betrayed your Country.

  • Terry Barnes

    Duh! Don’t see any White Irish or French coming across in any great numbers! Minorities are coming across! (Mexican, Guatemalan, Honduran, Muslim, etc.

  • http://www.facebook.com/george.mcadoo.92 George McAdoo

    You are one of the dumbest, non-germane PsOS I have had the lame luck to read a post from. Your Communism/racisim blares through the pages. You certainly have no counter argument. Just a useful/useless idiot is all you are or will ever be.

  • MilitaryVeteran

    And shoot to kill.

  • MilitaryVeteran

    This is why the US House of Representatives judiciary committee must have an annual review of all federal judges with three possible outcomes:
    1. Federal judges recommended for continued service.
    2. Federal judges alerted that their judicial performance is under special scrutiny for twelve months due to questionable decisions.
    3. Federal judges who must be investigated for potential articles of impeachment – with short House deadlines.

    This will re-balance the power between Congress and the Judiciary quickly – and make it clear to the left-wing judges that if they don’t take their oath seriously – they will be removed – and then potentially face criminal and/or civil court actions.

  • Jim Henderson

    Next we will learn that defending the Nation from foreign enemies is racist, unless we provide the same kinds and levels of defense to low income areas that are likely low value targets as to high income areas that are likely high value targets.

    All would be wise to recall that being a judge does not equate with wisdom, knowledge, understanding. It only closely equates with having connections.

  • rickconner

    Build the fence. Build it tall. Build it thick. Mine the border. Man the border. What’s so hard about that?



  • jlaughlin982

    And your only contribution is mockery, which makes you significantly more useless.

  • munkeephun

    Since when does the federal government give a damn about personal property rights? They are constantly taking private property through eminent domain. They just have to provide compensation.

  • HughManatee

    We finish on the AIPAC thread. Go there.

  • Frank

    The people who are organizing and performing the program of White genocide against my people, the White people.

  • HughManatee

    Who are the white power structure’s “Masters”. Spit it out Frank.

  • Frank

    Answer me why you support the genocide of little White babies?

  • HughManatee

    Because what I am saying is actually true. That is why.
    Answer my question on intent. That one isn’t in the Bugs Buddy.

  • Frank

    If it is cutting and pasting, how telling that we can tell exactly what is going to come out of your mouth because you are so predictable. Anti-racism is a codeword for anti-White.

  • HughManatee

    You aren’t interested in anyone’s opinion. You want to goad them into debating while you paste bugs buddy responses.

  • Frank

    I am interested in the opinion of other people I can reach with the message, anti-White. You are merely helping me to make my point. Thanks again.

  • HughManatee

    You paste word salads from a crazy old man. You’re in no position to judge anyone.

  • Frank

    Still name calling i see. How original.
    1) Try to imagine how much brainwashing it would take to convince all
    the Asians in the world, that within their own countries, they need to
    go ahead and replace their children and grandchildren with Mexicans

    2) Now imagine that they were so totally mind conditioned and
    brainwashed, that they really believed it would be “RACIST” not to???

    If you manage to do that: Welcome to the world of the White Anti-Whites!!

    There’s NOTHING dumber than a White Anti-White

    Anti-racist is a code for anti-White

  • HughManatee

    Pasting the rantings of a psycho old nazl is all you can do. It makes you look juvenile and dim. A pretty plss poor excuse for an example of the “superior” race, I’d say.

  • Frank

    LOL! Thanks for the help Hugh. Your constant attacking is an old tactic that puts people in the mind to see why the subject isn’t being debated.
    Nobody is saying that Africans in Africa will ever be a minority

    Nobody is saying that Asians in Asia will ever be a minority.

    So why are they saying Whites will be a minority in Britain in 2036?

    And Sweden in 2024?

    That’s because there’s MASSIVE non-White immigration in EVERY White country and ONLY White countries.

    Because there’s a program of White geNOcide.

    They say it’s “anti-racist” but it’s simply anti-White.

    Anti-Racist is a code for anti-White.

  • HughManatee

    I like people. How about you?

  • HughManatee

    And you keep pasting.

  • HughManatee

    Paste, paste, paste goes the little, dim, rabbit.

  • HughManatee

    Keep pasting that KKKrap, Thumpy. It doesn’t make it any more sane.

  • Frank

    Why is it that White countries and ONLY White countries are subject to unrelenting 3rd world immigration which WILL make them minorities in their own countries? We say this is genocide. And you mack us. Not too nice to take the side of genocide Hugh. Anti-racism is a codeword for anti-White.

  • Frank

    Does any African country have to worry about their population being replaced by immigration?

  • Frank

    And you dodge the question. Is anyone saying that Asians will be a minority in any of their countries?

  • Frank

    Lots of Whites feel guilty about being White. They bend over backwards to show that they like minorities. Most just haven’t thought the whole process through to here it will end. Look up “traitor”. It covers you question.

  • HughManatee

    The idea that the white power structure wants to eliminate white people, which would include themselves, is silly. Very, very silly. The copy /pastes these dolts spam everywhere are the word salad creations of an old, white supremacist, mental patient. No, seriously.

  • Frank

    Why is it BS?

  • Frank

    It is easy to realize what you are saying is true. I haven’t heard of ANY African countries that are in danger of having their indigenous people replaced by others. But I do know that Sweden’s Whites will be a minority in less than 20 years and the United States is not far behind. The program of diversity and multiculturalism always leads to one thing- less White people. Keep up the good work and remember that anti-Whites will always be trying to stifle the message. They like to genocide little White babies because they are sick.

  • HughManatee

    Little Roderick, why don’t you talk to us anymore? Why is little bunny so afraid? Is it because you know the semi-literate insanity you call “mantras” is BS?

  • WhiteRabbit

    Nobody is saying Asians will ever be a minority in Asia
    Nobody is saying Africans will ever be a minority in Africa
    So why are they saying White people will be a minority in EVERY White country in 2040?
    That’s because “anti-racists” only enforce Diversity in White countries
    Because “anti-racists” want a world without White children
    Anti-racist is a codeword for anti-White
    Diversity is a codeword for White Genocide?

  • debauchedbythegovernment

    Another indication that something stinks in the state of amerika. The primary source emanates from Washington D.C. with the focal point the White House or where ever else the the alien swine claiming to be a citizen happens to be. Yeah, he knows where his birth certificate is–Kenya!

  • Prospector69

    This judge has twisted things so that she can get the end result that she wanted. The entire point of the fence is separated illegals from the legals. Legals are citizens, legal residents, temporary guest residents and Mexican border dwellers who have valid entry documents so that they can work here in the US.

  • Thad

    No American citizen minority would be affected. If citizen they can come and go through the established entry ports- they would not be crossing any place blocked by a fence except for illegal reasons

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