Private group wants to build border wall on US government land and donate it

A private group that supports President Donald Trump’s border wall effort is communicating with the administration on plans to build a wall along the southern border and donate it to the US government.

We Build the Wall Inc., a group founded by Air Force veteran Brian Kolfage, has been communicating with the Department of Homeland Security and its border agency, US Customs and Border Protection, since at least October and has received guidance from federal officials on how to move forward with wall construction.

The group gained national attention after raising millions of dollars in a GoFundMe campaign, and launching two private wall projects in New Mexico and Texas. Those projects were constructed on private land — a strategy that largely shields them from government intervention.

Kolfage claims his group’s latest endeavor will be built on federal land and then given to the federal government. But such a move would require the controversial group to meet a slew of rules and regulations, and possibly require the government to ask for bids for the project.

Three years into Trump’s presidency, the majority of the administration’s efforts along the border have been replacing dilapidated barriers with new, enhanced wall systems. Legal challenges have also slowed down construction along some areas of the US-Mexico border, as states and organizations push back against the President’s signature wall.

Still, Trump touted the administration’s progress at his latest State of the Union address, saying a “long, tall, and very powerful wall is being built” and pledging to complete “over 500 miles” by early 2021.

A private group contributing to that goal is unusual and raises questions as to whether it’s legally possible. Unlike We Build the Wall’s previous projects on private land, the group would need to meet a series of other rules and regulations to build on federal land.

When asked if CBP is allowing or assisting with the project on federal land, CBP did not directly respond, but said, “In the event that (We Build the Wall) seeks to build private barrier on Federal lands, the government would have to provide access to the property for construction.”

Kolfage has come under scrutiny for his inflammatory rhetoric and promises. In the past, he’s been accused by some of his donors as overpromising and underdelivering. Other allegations against him include being clandestine in his operations and unwilling to disclose certain logistics. He often uses his Twitter account, which has more than 77,000 followers, to spar with or confront liberal critics.

In the past, Kolfage has defended himself against criticism. He told CNN that his group is a “game-changer for border security” and is “trying to make America safer.”

With his latest endeavor, he says he intends to donate the wall to the government, but any type of donation would need to be in accordance with DHS’ gift acceptance authority.

That directive lists a litany of responsibilities, and policy and requirements that need to be met to accept a gift. For example, the DHS under secretary for management is expected to ensure authorized agency officials file a report and component heads need to develop a written process for evaluating proposed gifts.

Asked about the directive’s requirements, CBP said “no donation of border wall has been formally offered, adjudicated and/or accepted to date.”

“In accordance with DHS directives, if a gift is offered to the Agency, the Agency follows the instructions that accompany the DHS directive and apply throughout DHS when accepting gifts,” the agency said, adding: “At such time as a donation is formally offered, appropriate notifications will be made through the Department’s chain of command.”

Kolfage said DHS and CBP were “highly involved” in getting their upcoming project “pushed through.”

“They told us it was going to take a while because the government moves slow. Right off the bat they gave us a checklist,” he said. “They said they were going to help us get it done because there was a need to get it done.”

CBP said in a statement to CNN that it provided information to We Build the Wall “regarding what is necessary to consider any potential donation in accordance with DHS’s gift acceptance policies and procedures as well as applicable statutes and regulations.”

“This includes redirecting (We Build the Wall) to the appropriate parties to address questions or concerns that are outside of CBP’s purview,” the agency added. “While the type of donation in question here is novel, and therefore requires additional review, this is the same type of communication we would engage in with other external entities seeking to donate to the government.”

In October 2019, Kris Kobach, the former Kansas secretary of state and counsel for the We Build the Wall team, corresponded with CBP officials on an upcoming private wall project. Officials answered a series of questions posed by We Build the Wall about how to meet CBP’s requirements, according to the correspondence that CNN viewed.

While it’s not clear from the correspondence which side approached the other about the project, Kolfage said that they brought it up to the Department of Homeland Security in a series of conversations over the last several months. Last fall, acting Homeland Security Secretary Chad Wolf visited We Build the Wall’s project in Sunland Park, New Mexico.

Kolfage says he’s discussed the border wall with officials at CBP and DHS, and with White House senior adviser Jared Kushner. The White House did not respond to requests for comment. The Department of Homeland Security declined to comment and referred to CBP for questions regarding the project.

Kolfage is not publicly disclosing where the new portion of the wall will be built, but called it a “highly trafficked area.”

“Frankly, it’s something we’ve focused on, the gaps. People in the government see these holes, and they overlook it. And that’s where we come in,” he added.

Former national Border Patrol chief David Aguilar said it’s not uncommon for CBP to receive donation offers, but they are each scrutinized to ensure that standards and regulations are met, as is expected to be the case for accepting any type of border barrier.

“For every offer that comes in, it is looked at: One, does it benefit the government and therefore the country; two, does it fall under regulations and law for CBP to accept these donations? And what is the benefit? Does it fit our needs? Does it fit the requirements?” Aguilar told CNN.

“The things I’d be looking at— these are not to reflect negatively on the company or the organization—but specifically we’d be looking at where is this wall; where is this barrier located; is it in a place that fits the need of the Border Patrol?” he added.

A ‘novel’ donation

There are barriers along more than 650 miles of the US-Mexico border as of January 31, according to CBP figures. Around 576 miles — some of which includes replacing old barriers — are planned with funding from several government accounts.

CBP has identified priority areas for additional barriers and requested funds from Congress to complete those projects. The agency said in a statement that US Border Patrol “has operational requirements in the areas in which (We Build the Wall) has expressed interest in donating privately constructed barriers.”

Construction on federal land may complicate plans given the slew of requirements that need to be met. It’s also unclear whether in that scenario, the government would have to solicit bids for the project.

Marvin Heymann, a US federal government proposal writer, said that if there’s building on federal land, the government “absolutely” has to put out a solicitation. “If it’s private sector money on government property, they have to compete,” he said. “The government is bound to introduce competition at every level when possible,” he added.

The project at the center of the discussion between Kobach and the officials is the third by the group. Kolfage claims to have close to $9 million for building. “It will be like our first project where we financed ourselves,” he told CNN. Kolfage said he intends to “gift” the wall to the government free of charge.

“What we’re doing is trying to uphold our laws and force people to use the front door rather than allowing the cartels to exploit women and children and push people through the back door,” Kolfage said. “What we will show and have shown is that our construction process is the best in the world.”

Kolfage said the group has already completed a historic review and conducted environmental studies in the area where the new portion of the wall is expected to be built.

“We will go through the same process that any federal contract has to go through to build this wall,” he said. “It could be breaking ground as soon as a month away, that’s if everything falls in line. I would say one to two months.” That timeline, however, likely depends on whether the group receives permission to build on federal land and meets other requirements.

We Build the Wall’s latest venture

Kolfage’s We Build the Wall team is staffed with some of Trump’s most prominent allies, including Kobach and former White House chief strategist Steve Bannon.

Last May, We Build the Wall broke ground on its first project in Sunland Park. The group contracted Fisher Industries, a North Dakota construction firm, to erect the half-mile. A few months later, We Build the Wall, with Fisher as the main contractor, embarked on a wall project in Texas.

Kolfage has taken to Twitter to herald his team’s efforts. In doing so, he’s also become a controversial figure for his inflammatory rhetoric and attacks against the National Butterfly Center, a 100-acre wild butterfly habitat near one of their project’s locations that sued the group.

The center, along with federal prosecutors, sued over the project. While the project was temporarily halted, a judge later allowed them to proceed with construction.

Kolfage, meanwhile, continues to endeavor to construct more miles of wall, with the intent of donating the barriers to administration. While it’s unclear whether Customs and Border Protection will take up the offer, the agency says it’ll continue to respond to questions “as they are received from (We Build the Wall).”