The Fence
The Department of Homeland Security continues the building of a 600+ mile wall along the US-Mexican border. Although some property owners in Arizona and Texas are fighting the fence cutting across their land, the project continues, even in the face of law suits.
In fact, on Tuesday the DHS head, Michael Chertoff, announced that he was waiving environmental federal and state environmental laws, which apparently he can do so that the fence can be completed by the end of the year, according to an article in yesterday's Los Angeles Times.
In an aggressive move to finish 670 miles of barriers along the U.S.-Mexico border by the end of the year, the Department of Homeland Security on Tuesday announced plans to waive federal and state environmental laws.
The two waivers, which were approved by Congress, will allow Homeland Security to slash through a thicket of more than 30 environmental and cultural laws to speed construction. ...
Critics, however, said the waivers were intended to sidestep growing and unexpectedly fierce opposition -- especially in Arizona and in Texas, where concerns have been raised about endangered species and fragile ecosystems along the Rio Grande.
"The Bush administration's latest waiver of environmental and other federal laws threatens the livelihoods and ecology of the entire U.S.-Mexico border region," said Sierra Club Executive Director Carl Pope. "Secretary Chertoff chose to bypass stakeholders and push through this unpopular project on April Fool's Day. We don't think the destruction of the borderlands region is a laughing matter." ...
Homeland Security has completed about 300 miles of pedestrian and vehicle barriers. An additional 370 miles remain to be built, along with all-weather roads, cameras, lighting and other infrastructure projects. But much of that fencing -- along a 470-mile span stretching from Texas to California -- has been held up by federal, state and local regulations, officials said.
Until Tuesday, the department had given few hints that waivers would be used. Homeland Security had followed the environmental impact statement process, as required by the National Environmental Policy Act. The public was allowed to comment on the draft environmental impact statements and assessments. Some environmental groups said they were awaiting the final reports when Chertoff made the announcement. {Emphasis added}
As nasty as the surprise announcement by Mr. Chertoff was, it didn't push my outrage meter quite as high as the news that he was issuing that waiver with congressional approval. I guess I should have expected it, what with the Republican majority and all.
Wait...
Now I'm really steamed.
In fact, on Tuesday the DHS head, Michael Chertoff, announced that he was waiving environmental federal and state environmental laws, which apparently he can do so that the fence can be completed by the end of the year, according to an article in yesterday's Los Angeles Times.
In an aggressive move to finish 670 miles of barriers along the U.S.-Mexico border by the end of the year, the Department of Homeland Security on Tuesday announced plans to waive federal and state environmental laws.
The two waivers, which were approved by Congress, will allow Homeland Security to slash through a thicket of more than 30 environmental and cultural laws to speed construction. ...
Critics, however, said the waivers were intended to sidestep growing and unexpectedly fierce opposition -- especially in Arizona and in Texas, where concerns have been raised about endangered species and fragile ecosystems along the Rio Grande.
"The Bush administration's latest waiver of environmental and other federal laws threatens the livelihoods and ecology of the entire U.S.-Mexico border region," said Sierra Club Executive Director Carl Pope. "Secretary Chertoff chose to bypass stakeholders and push through this unpopular project on April Fool's Day. We don't think the destruction of the borderlands region is a laughing matter." ...
Homeland Security has completed about 300 miles of pedestrian and vehicle barriers. An additional 370 miles remain to be built, along with all-weather roads, cameras, lighting and other infrastructure projects. But much of that fencing -- along a 470-mile span stretching from Texas to California -- has been held up by federal, state and local regulations, officials said.
Until Tuesday, the department had given few hints that waivers would be used. Homeland Security had followed the environmental impact statement process, as required by the National Environmental Policy Act. The public was allowed to comment on the draft environmental impact statements and assessments. Some environmental groups said they were awaiting the final reports when Chertoff made the announcement. {Emphasis added}
As nasty as the surprise announcement by Mr. Chertoff was, it didn't push my outrage meter quite as high as the news that he was issuing that waiver with congressional approval. I guess I should have expected it, what with the Republican majority and all.
Wait...
Now I'm really steamed.
Labels: 110th Congress, Homeland Security, The Environment
posted by Diane at 10:56 AM
1 Comments:
Obeying the law is not voluntary, it is mandatory, and Secretary Chertoff cannot legitimately claim to be sweeping aside a host of laws on the border in defense of immigration laws. In a nation of laws all laws must be respected, not just those that are convenient.
Equal protection under the law is meant to be a fundamental right shared by every American, but the Real ID Act makes the legal rights of citizens who live near the border conditional on Secretary Chertoff’s whims. Section 102 of the Real ID Act of 2005 states, “Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive all legal requirements such Secretary, in such Secretary’s sole discretion, determines necessary to ensure expeditious construction of the barriers and roads under this section.” No one else is granted this extreme power under any circumstance. The President cannot waive our nation’s laws even in times of national crisis, and Secretary Chertoff cannot waive the laws that protect citizens who live away from the border. Only border residents may have their legal protections waived.
The only reason for Secretary Chertoff to waive these laws is because he knows that construction of the border wall will break them. In announcing the Real ID Act waivers Secretary Chertoff said, "Criminal activity at the border does not stop for endless debate or protracted litigation." The waivers are an admission that the border wall will itself violate these 36 federal laws, making construction of the wall a criminal act. If Chertoff is genuinely concerned with criminal activity he should ensure that the agency that he oversees complies with the law. Instead, by setting these 36 federal laws aside, Secretary Chertoff sets himself above the law.
Congress must not allow unchecked power to remain in the hands of an unelected administration appointee. As James Madison wrote in the Federalist Papers, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands… may justly be pronounced the very definition of tyranny.” Allowing one man to overrule laws passed by Congress and signed by the President for the express intent of circumventing judicial oversight is un-American.
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