New bill would put Homeland Security above the law

H.R. 418 Introduced - allows Secretary of Homeland Security to Suspend Any and all Laws.

http://www.google.de/search?hl=de&q=HR+418&btnG=Google-Suche&meta=

http://thomas.loc.gov/ >>> Search HR 418


Feb 4th, 2005

On January 26, 2005, Rep. Sensenbrenner introduced the REAL ID Act of 2005 (H.R. 418):
http://www.google.de/search?hl=de&q=REAL+ID+Act+of+2005+&btnG=Google-Suche&meta=

In the name of homeland security, it includes a number of items changing immigration laws, use of drivers' licenses, etc.

But -- most overlooked -- is Section 102 of this bill. It would empower the Secretary of Homeland Security to suspend any and all laws; at this time, limited to ensure the "expeditious" construction of a set of barriers and roads south of San Diego, to keep illegal immigrants out.

It also would prohibit ANY judicial review of the Secretary of Homeland Security's decision to suspend any law.

ON EDIT: While the law the bill references mentions barriers and roads "near San Diego," it does not appear to be (technically speaking) limited to that area -- but to any barriers or roads "in the vicinity of the United States border."

Today the Border;

Tommorrow - Anywhere in America

The text of Section 102 is below:

SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVEMENT OF BARRIERS AT BORDERS.

Section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended to read as follows:

`(c) Waiver-

`(1) IN GENERAL- Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive, and shall waive, all laws such Secretary, in such Secretary's sole discretion, determines necessary to ensure expeditious construction of the barriers and roads under this section.

`(2) NO JUDICIAL REVIEW- Notwithstanding any other provision of law (statutory or nonstatutory), no court shall have jurisdiction--

`(A) to hear any cause or claim arising from any action undertaken, or any decision made, by the Secretary of Homeland Security pursuant to paragraph (1); or

`(B) to order compensatory, declaratory, injunctive, equitable, or any other relief for damage alleged to arise from any such action or decision.'.

What does this mean?

What laws might the Secretary of Homeland Security suspend?

It's an incredible usurpation of the rule of law.

A cabinet secretary is given the right to suspend any and all laws. And guess what?

The courts are prohibited from reviewing his decision! Perfect! So the Secretary can abuse his "authority" all he wants.

No review. No nothing.

Let me repeat the language:

"the Secretary of Homeland Security shall have the authority to waive, and shall waive, all laws such Secretary, in such Secretary's sole discretion"

Again:

"the Secretary of Homeland Security shall have the authority to waive, and shall waive, all laws such Secretary, in such Secretary's sole discretion"

Got it?

The bill may be going to the House floor next week.

http://thomas.loc.gov/
http://dailykos.com/story/2005/2/5/15448/41910
http://mparent7777.blog-city.com/read/1054072.htm


Informant: John Johnson