Federal authorities have reached a deal that gives builders of the privately funded fence control over where to inspect for damage and leeway over which issues they choose to repair.
The 2020 storm Hurricane Hanna left waist-deep cracks on the banks of the Rio Grande along parts of a private border fence, which threatened the structural integrity of the project, experts said.This article is co-published with ProPublica, a nonprofit newsroom that investigates abuses of power.
The settlement lets Fisher Industries select the places along the fence to inspect for damage, decide what triggers some repairs and reject any proposed changes to the maintenance plan suggested by the government. It also allows the company to police itself instead of requiring a third-party inspector, said Amy Patrick, a Houston forensic structural and civil engineer and court-recognized expert on wall construction.
ProPublica and the Tribune requested copies of the report in August, months before the settlement, but the DOJ refused to provide the records, citing a confidentiality order in the ongoing lawsuit. Neither the builder, Tommy Fisher, nor his company’s attorney responded to requests for comment. DOJ officials declined to comment, saying they did not have additional information besides what was available in court documents.
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