The photo reminds me of the wall dividing Berlin, and that wasn't exactly a good idea.
Waiving the environmental laws is another example of government creating laws but exempting itself; pathetic.
--pws
US to skirt environmental laws to fence border
Opponents fear wildlife disruption and damaged land
The Department of Homeland Security has built 309 miles of border fence. It wants to build 670 miles of fence by year end. (Denis Poroy/Associated Press/File) WASHINGTON - In an aggressive move to finish building 670 miles of border fence by the end of 2008, the Department of Homeland Security announced yesterday that it would waive federal environmental laws to meet that goal.
The two waivers, allowing the department to slash through a thicket of environmental and cultural laws, would be the most expansive to date, encompassing land in California, New Mexico, Arizona, and Texas that stretches about 470 miles.
The waivers are controversial with environmentalists and border communities, which see them as a federal imposition that could damage the land and disrupt wildlife. But they are praised by conservatives who championed the 2006 Secure Fence Act, despite the reluctance of President Bush, who has said a broader approach is needed to deal with illegal immigration.
Republicans greeted the news with satisfaction. "It's great. This is the priority area where most of the illegal activity is going on and where most of the deaths are occurring," said Representative Brian P. Bilbray, Republican of California and chairman of the Immigration Reform Caucus.
Wildlife groups reacted with dismay. Brian Segee, a lawyer with Defenders of Wildlife, said, "It's dangerous, it's arrogant, it's going to have pronounced environmental impacts, and it won't do a thing to address the problems of undocumented immigrants or address border security problems."
The waivers are intended to clear the way for fencing to block pedestrians and cars, as well as for extra camera, towers, and roads near the border.
A special waiver was issued for a project in Hidalgo County, Texas, that would combine levees and a barrier.
Congress gave Homeland Security Secretary Michael Chertoff the power to waive federal law in order to build the fence quickly. Since construction began, the department has faced opposition from local communities and has had to go to court against more than 50 property owners simply to survey land to determine whether it is suitable for a fence.
The department has built 309 miles of fence.
1 comment:
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.
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