Senate Vote Gives DHS Power to Waive All Law
by Guest Blogger, 5/10/2005
First the House and now the Senate: the Senate has just voted to pass the Iraq war supplemental, to which the House attached an immigration rider that includes a section giving Homeland Security the power to waive all law. The White House will certainly sign it into law.
Now Michael Chertoff, Secretary of Homeland Security, is the single most powerful man in America. Although unelected, Congress has voted to give him the power to waive any law, as only he sees fit, in the course of securing the borders. This provision is written to preclude any court challenge. The conference version adds that we can seek court remedies for violations of constitutional rights, but existing case law already requires access to the courts for constitutional claims, so this change makes no real difference.
Supporters of the measure have claimed that it only means that DHS will have the power it supposedly needs to waive one environmental law in order to finish one small section of fencing near San Diego. The truth is that this new power applies to ALL law, anywhere in the vicinity of the border.
More information here.
