Memo

To:    All Lipan Apache

From:    Chairman Bernard Barcena

Dated:    February 2, 2008

Subject:    Proposed border fence on Eloise Tamez land

The Congress of the United States of America passed legislation that spoke to methods for enforcing our National border security. President Bush signed this legislation and then, in accordance with the law, directed the Department of Homeland Security (DHS) to execute the many facets of this new law. Within this law is a provision that stipulates a fence be built in certain areas along our southern border. The DHS contacted many property owners along the southern border and obtained waivers and permits to survey for the fence. Eloise Tamez owns property in the subject area for a fence. DHS contacted her, requested permission and has yet to receive authorization to survey. It is my understanding that there may be a pending lawsuit. It is also my understanding that similar lawsuits have been won by DHS with the Federal Court ordered stipulation that DHS work closely with property owners on property access and matters regarding particulars specific to each property.

Our People have seen invaders as they have taken our lands. To stand as witness to others as they suffer this indignity only reminds one of the pain our People felt over the centuries past. On behalf of the Lipan Apache Tribe of Texas, I extend my words in prayer to help heal this transgression and that a fair peace may be reached. In my heart I feel your anguish and it is in this way I express a true understanding and empathy.

History has constructed an artificial boundary between two Nations. Now, this artificial barrier will be made solid with a construct that will affect many peoples, as well as animals and migratory patterns in a negative way. It would be a prudent, as well as a more natural and equitable solution, to seek a way to secure American borders without the enforced encroachment of a fence.

The law is perfectly clear. The most current example that supports the legal position of the Federal government in relation to eminent domain is Kelo versus New London. This Supreme Court decision further eroded the Founding Father’s intent at protecting the private property rights of American citizens as well as each individual’s God given right to life, liberty, and the pursuit of happiness. The Supreme Court of the United States will have to revisit the Kelo ruling to stop this assault on private land owners.

At this time, the Lipan Apache Tribe of Texas will remain neutral on the legal questions relating to this matter. I will not put the Tribe in a position where we may be negatively affected nor will I allow us to be an unwilling party to a lawsuit that has the potential to cause suffering to any person, Native or not.