LA GRULLA, Texas — The federal government said it needed Ociel Mendoza’s land on the outskirts of this tiny Texas town — and it couldn’t wait any longer.
Each additional day of delay was costing the government $15,000 as contractors waited to begin construction on the border fence slated to go through Mendoza’s ranch, the Department of Justice argued in court filings. By Nov. 24, the tab for the delay had reached nearly $1.6 million, the land acquisition manager for U.S. Customs and Border Protection said in an affidavit.
More than a year earlier, CBP had awarded a contract then worth $33 million to a New Mexico-based company to build 4 miles of fencing in Starr County. The county is one of the top targets of President Donald Trump’s administration for a border wall and a place agents have called the most volatile stretch in the nation. Construction was slated to begin in November 2019, the agency announced.
There was one problem: The government had awarded the contract before obtaining the land it needed, including Mendoza’s. This September, after more than a year without getting that land, CBP had to suspend the contract to Southwest Valley Constructors, accruing “substantial” charges along the way, according to court documents.
An investigation by ProPublica and The Texas Tribune has found that the government’s strategy of awarding contracts before acquiring titles to the land in Texas has led to millions of dollars in costs for delays, according to calculations based on statements made by CBP officials in court filings. On at least two dozen occasions, the agency has used the argument, often successfully, to convince even dubious federal judges to immediately seize land from property owners fighting their eminent domain cases.
The situation could become even more complicated if President-elect Joe Biden makes good on his promise to stop border wall construction.