Sec. 102. IMPROVEMENT OF BARRIERS AT BORDER
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## SEC. 102 IMPROVEMENT OF BARRIERS AT BORDER **[**[8 U.S.C. 1103 note](/us/usc/t8/s1103)**]** ###
(a)In General The Secretary of Homeland Security shall take such actions as may be necessary to install additional physical barriers and roads (including the removal of obstacles to detection of illegal entrants) in the vicinity of the United States border to deter illegal crossings in areas of high illegal entry into the United States. ###
(b)Construction of Fencing and Road Improvements Along the Border ####
(1)Additional fencing along southwest border #####
(A)Reinforced fencing In carrying out subsection (a), the Secretary of Homeland Security shall construct reinforced fencing along not less than 700 miles of the southwest border where fencing would be most practical and effective and provide for the installation of additional physical barriers, roads, lighting, cameras, and sensors to gain operational control of the southwest border. #####
(B)Priority areas In carrying out this section, the Secretary of Homeland Security shall— ######
(i)identify the 370 miles, or other mileage determined by the Secretary, whose authority to determine other mileage shall expire on December 31, 2008, along the southwest border where fencing would be most practical and effective in deterring smugglers and aliens attempting to gain illegal entry into the United States; and ######
(ii)not later than December 31, 2008, complete construction of reinforced fencing along the miles identified under clause (i). #####
(C)Consultation ######
(i)In general In carrying out this section, the Secretary of Homeland Security shall consult with the Secretary of the Interior, the Secretary of Agriculture, States, local governments, Indian tribes, and property owners in the United States to minimize the impact on the environment, culture, commerce, and quality of life for the communities and residents located near the sites at which such fencing is to be constructed. ######
(ii)Savings provision Nothing in this subparagraph may be construed to— ######
(I)create or negate any right of action for a State, local government, or other person or entity affected by this subsection; or ######
(II)affect the eminent domain laws of the United States or of any State. #####
(D)Limitation on requirements Notwithstanding subparagraph (A), nothing in this paragraph shall require the Secretary of Homeland Security to install fencing, physical barriers, roads, lighting, cameras, and sensors in a particular location along an international border of the United States, if the Secretary determines that the use or placement of such resources is not the most appropriate means to achieve and maintain operational control over the international border at such location. ####
(2)Prompt acquisition of necessary easements The Attorney General, acting under the authority conferred in section 103(b) of the Immigration and Nationality Act (as inserted by subsection (d)), shall promptly acquire such easements as may be necessary to carry out this subsection and shall commence construction of fences immediately following such acquisition (or conclusion of portions thereof). ####
(3)Safety features The Attorney General, while constructing the additional fencing under this subsection, shall incorporate such safety features into the design of the fence system as are necessary to ensure the well-being of border patrol agents deployed within or in near proximity to the system. ####
(4)Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this subsection. Amounts appropriated under this paragraph are authorized to remain available until expended. ###
(c)Waiver ####
(1)In general Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive all legal requirements such Secretary, in such Secretary’s sole discretion, determines necessary to ensure expeditious construction of the barriers and roads under this section. Any such decision by the Secretary shall be effective upon being published in the Federal Register. ####
(2)Federal court review #####
(A)In general The district courts of the United States shall have exclusive jurisdiction to hear all causes or claims arising from any action undertaken, or any decision made, by the Secretary of Homeland Security pursuant to paragraph (1). A cause of action or claim may only be brought alleging a violation of the Constitution of the United States. The court shall not have jurisdiction to hear any claim not specified in this subparagraph. #####
(B)Time for filing of complaint Any cause or claim brought pursuant to subparagraph
(A)shall be filed not later than 60 days after the date of the action or decision made by the Secretary of Homeland Security. A claim shall be barred unless it is filed within the time specified. #####
(C)Ability to seek appellate review An interlocutory or final judgment, decree, or order of the district court may be reviewed only upon petition for a writ of certiorari to the Supreme Court of the United States. **[**(d) Omitted—Amends another Act.**]** * * * * * * * # TITLE III INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS ## Subtitle A Revision of Procedures for Removal of Aliens * * * * * * *
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Sec. 102
IMPROVEMENT OF BARRIERS AT BORDER
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