One person has the power to waive all laws – federal, state, and local. Any law but the constitution. This person can waive property rights laws, environmental laws, health and safety laws, even treaties with foreign governments.
Mule deer stuck at the border wall in southern Arizona. Credit: Anonymous
Is this an outrageous April Fools’ Day joke? Outrageous? Yes. A joke? Unfortunately, no. One person does have this power. It is the Secretary of the Department of Homeland Security (DHS).
A little known provision in the 2005 Real ID Act gave the DHS Secretary the power to waive any and all laws in order to build sections of fencing and wall along the U.S.-Mexico border. Today marks the one year anniversary of the most egregious use of this power.
On April 1, 2008, then-Secretary Michael Chertoff waived over 30 laws in order to speed construction of 470 miles of the border fence. These were not insignificant laws he waived. They included the Endangered Species Act, the Safe Drinking Water Act, and the Native American Graves Protection and Repatriation Act. Also included were treaties with Mexico.The lands along our southern border are replete with natural habitat, stunning in their diversity of plant and animal life. Dozens of endangered species live in this region. Some, like the jaguar were making a comeback. Land managers and wildlife specialists had worked together with their counterparts in Mexico for decades to carve out protected habitat and migration routes. Now, these migration routes are being severed by an impenetrable wall.
Impenetrable for wildlife, that is. For migrating humans, it is a mild annoyance, for we have mastered the use of a tool called the “ladder.” U.S. taxpayers are paying billions of dollars for a fence that does little to stop humans, but does irreparable damage to our national treasures.
Earlier this year, an entire canyon in California was filled with dirt from the surrounding hills. A park called “Friendship,” where people from the U.S. and Mexico once shared communion through a fence, is now closed.
Congress, in its haste to look tough on immigration, authorized the building of this fence at all costs. But the costs are too great and the benefits too few.
This year we have a new president, and a new DHS secretary, Janet Napolitano. And yet, the wall is still being built. Habitat is still being destroyed. Parks are still being closed. Communities are still being separated. Despite pressure from environmental groups, as well as the faith community, Secretary Napolitano has not promised to refrain from using the waiver authority again.
What can we do to stop this? Later this month, a group of concerned advocates and activists will come to Washington, DC, for Border Wall Lobby Week, April 26-29. The event will include training and education, as well as direct lobbying opportunities. For those who can’t come to DC, there will be opportunities to make phone calls and write letters in opposition to border fence construction. Click here to learn more.
It’s time to make our voices heard. The authority granted to one person to waive any and all laws is outrageous and alarming. The continued use of the waiver is making a mockery of our laws. The continued devastation being caused by construction of a wasteful and ineffective border fence is making fools of us all. Let’s not let another year go by without putting a stop to this nonsense.
