Post opposes measure placing DHS above the law
by Guest Blogger, 2/10/2005
The Washington Post today came out against the section of the Sensenbrenner immigration bill that would place DHS above the law. From the editorial page:
Finally, the bill contains a bizarre provision that would allow the secretary of homeland security to waive "all laws" that, in his "sole discretion," he "determines necessary to ensure expeditious construction of . . . barriers and roads" used to secure borders. The bill, Mr. Sensenbrenner said in a floor statement yesterday, is needed "to complete gaps in the San Diego border security fence, which is still stymied eight years after congressional authorization"; it appears directed principally at environmental laws. But it goes way beyond whatever waivers may be necessary in that case -- effectively allowing the department to put itself above any law it finds inconvenient in border security construction and explicitly stripping the courts of any review. Congress should not be so contemptuous of the rule of law.
