Eroding Private Border Wall to Get an Engineering Inspection Just Months after Completion

Assistant U.S. Attorney Eric Paxton Warner, representing the International Boundary and Water Commission, a binational agency that oversees building in the Rio Grande floodplain and enforces U.S.-Mexico boundary treaties on the river, told Crane that agency engineers have identified four areas of problematic erosion that need to be fixed.

Javier Peña, attorney for the National Butterfly Center, which sits just upriver from the fence, told Crane the erosion beneath the fence is “massive.”

They built this wall on sand. … You can see the erosion actually made a hole under the wall. Whether it goes all the way through is unclear because we haven’t inspected that.”

Last week, Courtois told ProPublica and The Texas Tribune that the erosion was a “normal” part of new construction and that the company would seek to build drainage ditches to lessen the deterioration.

Six engineering and hydrology experts consulted by ProPublica and The Texas Tribune said it was concerning to see the level of erosion around the fence so soon after construction and added that segments of Fisher’s steel structure could topple into the river if not fixed.

Amy Patrick, a Houston forensic structural and civil engineer, who has questioned the engineering viability of border walls in general, said the photos of the erosion show that something went wrong with the fence’s construction: “The fact that they need interventions this early is definitely concerning in terms of the longevity of the structure.”

The International Boundary and Water Commission argued that Fisher began construction without obtaining the necessary approval that the fence would not violate a water treaty with Mexico by exacerbating flooding on the Mexican side or causing the river’s boundaries to shift.

In January, Crane ruled the project could proceed despite the fact that the commission had not completed hydraulic models, and experts had warned that the fence should not have been built so close to the river’s edge.

The U.S. Border Patrol is building its own fence on top of a levee system about a mile north of the Fisher wall. Officials say that project continues, but it is unclear who will take over management of the Fisher wall long term. Fisher and his allies have said they would like to donate or sell the fence to the U.S. government, which has not agreed to purchase the structure.

According to a copy of an operation and maintenance plan provided to attorneys Wednesday by Fisher Industries, in addition to the planned inspection, the company plans quarterly inspections as well as extra checkups after large storms. The company will also plant grasses that better hold in place the sandy riverbank. New soil will be “treated and seeded” to help fill ground cover.

Jeremy Schwartz has been an investigative reporter in Texas for nearly a decade, covering issues including voting rights and border security. Perla Trevizo has been covering immigration, border, and environmental issues.This story is published courtesy of the Texas Tribune, a nonpartisan, nonprofit media organization that informs Texans — and engages with them — about public policy, politics, government, and statewide issues. This article is co-published with ProPublica, a nonprofit newsroom that investigates abuses of power. This story has been clarified to reflect that U.S. District Judge Randy Crane instructed the parties to work out details of an inspection and fixes to the privately funded border wall.