Near Dictatorial Power for the DHS Secretary in Iraq Spending Bill

Here's another little piece of the coming Fascist State.... Next week when the Senate comes back they will pass the Iraq/Afghanistan/Tsumnai appropriations bill with a terrible REAL ID rider. Can't you just hear it now from the Republicans how could you vote against the troops and disaster victims.

It sets up national standards for drivers licenses. Makes it harder for people to gain asylum in the US because they have to prove they are persecuted. And my personal favorite it gives the Sec of DHS the power to waive and all laws to help build border protections. These waivers can only be appealed directly to the Supreme Court in the case that the DHS Sec does something against the Constitution.

The Conference report on this bill (HR 1268) was just released yesterday night. It seems the 2 houses have to come to a deal with with devil on this awful rider to an essential piece of legislation. More after the jump.

 This rider is not as innocent as they are painting it to be and TustonDAZ has a really nice though quickly disappered diary on the legistation in general earlier today. Here's a link to it.

REDUX: Real ID REALLY Sucks, part 2

Here's the section from the conference report that I found just absolutely insane. The gives the DHS Secretary his crazy law waiver powers.

   Section 102 of the conference report would amend the current provision to require the Secretary of Homeland Security to waive all laws that he or she determines, in his or her sole discretion, are necessary to ensure the expeditious construction of the border barriers.

   Additionally, it would prohibit judicial review of a waiver decision or action by the Secretary and bar judicially ordered compensatory, declaratory, or injunctive, equitable, or any other relief or other remedy for damage alleged to result from any such decision or action. As discussed above, current statutes and the Reorganization Plan for the Department of Homeland Security have not amended and clarified references to executive authority throughout the INA. Accordingly, the provision would have replaced the reference in current law to the Attorney General by a reference to the Secretary of Homeland Security.

   The Conferees have revised the House provision in the following respects. First, the revised provision authorizes but does not require the Secretary of DHS to waive any legal requirements that he or she, in his or her sole discretion, determines are necessary to ensure expeditious construction of border security infrastructure. Second, the provision clarifies the intent of the conference report by substituting a reference to waiver of ``all legal requirements'' for the prior reference to waiver of ``all laws'', clarifying Congress'' intent that the Secretary's discretionary waiver authority extends to any local, state or federal statute, regulation, or administrative order that could impede expeditious construction of border security infrastructure. Third, the conferees provided that any such waiver would become effective upon publication in the Federal Register, thereby ensuring appropriate public notice of such determinations. Finally, the Conferees have provided federal judicial review for claims alleging that the actions or decisions of the Secretary violate the United States Constitution. The Conferees have further provided that such claims must be filed within sixty days of the Secretary's action or decision, and that interlocutory or final judgments, decrees, or orders of federal district courts on such claims may be reviewed only upon petition for a writ of certiorari to the Supreme Court of the United States. The Conferees' intent is to ensure that judicial review of actions or decisions of the Secretary not delay the expeditious construction of border security infrastructure, thereby defeating the purpose of the Secretary's waiver.

If you want to look at the offending text in full check out the following link and instructions for finding the text in the rather larger conference report.

Link to Full Conference Report

Once there click Printer friendly display and search in your browser on "San Diego" and I think it's the 3rd hit that will work. The section to look for is page H2871 and it's section 102. The discussion also tumbles onto the next page H2872.

I hope we can do something about this before it becomes a forgone conclusion but I fear it might be too late.

•  Iraq Is Part Of The "Homeland"?

  God I hate that fascist "homeland" garbage.
  What's wrong with "domestic"?

  *Well obviously it doesn't cover our imperial oil holdings, which "homeland" apparently does.

  by NewDirection on Wed May 04, 2005 at 03:23:35 PM PDT

•  Let me get this straight...

  The DHS can waive state, local, and other federal law like it ain't no thang, all they have to do is publish it in the Federal Record and that counts as "notifying the public," and then we have 60 days to appeal to the Supreme Court or we lose the chance to protest? Nicely played, Republicans. Nicely played.

  Damnit.

  by Irony on Wed May 04, 2005 at 03:27:15 PM PDT

•  in other DHS news...

  Total Information Awareness is back, except to allay our silly fears about the government have that kind of power over us, Chertoff suggests we privatize it!  Is there anything the corporations can't do?  In oure emerging fascist state, that would be a "NO, Traitor!  Please show your ID to the nearest Federal Peace Officer.".

  by glooperoo on Wed May 04, 2005 at 03:31:15 PM PDT

•  not such a little piece, imho

  You wrote: "Here's another little piece of the coming Fascist State."  

  they wrote:
  ..the Secretary's discretionary waiver authority extends to any local, state or federal statute, regulation, or administrative order that could impede expeditious construction of border security infrastructure... prohibit judicial review except by the Supreme Court....

  what do we need, to wake this country up? Goosestepping in the streets?

  That sucking noise is the sound of the Constitution going down the toilet  --seesdifferent

  by seesdifferent on Wed May 04, 2005 at 04:12:52 PM PDT

•  I've wondered that myself

  
  Yeah Sees, I have wondered myself what it would take to wake the American people up. I truly don't know. Thanks for the people that have responded too. It seems my diary has drifted into the lost world but hey it got the word out to a few people.....

  by Eckhart1234 on Wed May 04, 2005 at 05:57:08 PM PDT

  •  This is frightening

    I just saw this here, and wonder why there aren't HUNDREDS of replies here. I'm now beginning to wonder if all the tussling over the Senate "nuclear option" and Social Security isn't also a smokescreen to get people all embroiled in that while they pass this. This is beyond comprehension. We are truly under attack by Fascists, and hardly anyone gives a damn!

    We no longer live in a Democracy no matter what anyone tries to say to give that illusion. It won't be long before we will be asked for our papers while walking in the streets at this rate, and the scary thing about it is, that I now have no doubt that many would comply!

    I was always leary of the "Homeland" Security Department. It is not here to protect Americans, it is here to protect the government FROM Americans. However, as you stated, I fear people here and elsewhere are just too wrapped up in their own little worlds to even care. I even see it here to an extent. People more concerned with getting their diaries about Paris Hilton (insignificant), Ann Coulter (more insignificant), and other insignificant topics onto the recommended list here like this is some game, and to hell with issues like this that are truly important that belong there. This is serious sh**.

    It seems to me that everything is happening here as it did in Nazi Germany, and that is stated because it has historical merit. People who essentially haven't been hurt badly by anything these Fascists have done, are still living in denial, for they do not see that what is done to one is done to all. I honestly do not know what to do at this point, and I find myself very concerned about the future. Thanks for posting this here.

    by Patriot for Al Gore on Thu May 05, 2005 at 09:22:45 AM PDT