[JURIST] Members of the US Congress have removed an amendment [S AMDT 1399 materials] to the 2010 Homeland Security Appropriations bill [HR 2892 materials] that sought to require additional construction of the US-Mexico border fence [JURIST news archive]. The amendment, introduced by Senator Jim DeMint (R-SC) [official website], had been narrowly passed [roll call vote] by the Senate in July. It called for the completion of 700 miles of reinforced fencing along the border, not to be substituted for "virtual fencing" or low-rise vehicle barriers. Of the $42.78 billion allocated for the Department of Homeland Security (DHS), $10.1 billion is directed toward Customs and Border Protection [official websites], $800 million of which is for fencing, infrastructure and technology [agreement, PDF] along the Southwest border. Currently, nearly 700 miles of the border are enforced with a combination of fencing, virtual-fencing, patrol and other means. It is estimated that the fence will cost $2.4 billion to complete [report, PDF] and an additional $6.5 billion to maintain it for 20 years.

Border fence construction has been met with many legal challenges. In June, the US Supreme Court [official website] denied certiorari [JURIST report] in County of El Paso, Texas v. Napolitano [docket; cert. petition, PDF], in which it was asked to consider whether the DHS secretary's broad authority in constructing a border fence was an unconstitutional delegation of legislative power. That same month, a lawsuit brought against the DHS by the Texas Border Coalition [advocacy website] was dismissed [opinion, PDF; JURIST report] in federal court. The Coalition had challenged [JURIST report] the condemnation of land for fence construction and land access compensation under the Administrative Procedure Act [text, PDF], the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and the Fifth Amendment [text] due process clause. The fence construction was authorized [JURIST report] in 2006 by then-president George W. Bush.

[JURIST] Poland ratified [press release] the European Union (EU) reform pact known as the Lisbon Treaty [EU materials; text] on Saturday, becoming the 26th country to do so. Before signing the agreement, Polish President Lech Kaczynski [official website] expressed confidence that the treaty would be successful [BBC report]. European Commission president Jose Manuel Barroso [official website] expressed approval [press release] at the signing ceremony, saying that the treaty's final ratification will better the EU's ability to face future challenges and to become "a Europe of freedom and solidarity." The agreement will take effect if it is ratified by the Czech Republic, the only holdout among the 27 EU member states.

The treaty was approved by voters in Ireland last week, who initially rejected it [JURIST reports] over a year ago, after certain guarantees were made by the EU. Kaczynski had previously refused to sign [JURIST report] the charter for Poland, saying that doing so would be “pointless” without Ireland's approval. During initial negotiations for the agreement, Poland raised numerous objections regarding the proposed Council of Europe voting system but still signed [JURIST report] in December 2007.