Secretary of Homeland Security gets unlimited powers?
Posted: Fri Feb 25, 2005 10:03 pm
HR 418, Section 102
http://www.aila.org/fileViewer.aspx?docID=17434
SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVE-
MENT 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
8
shall have the authority to waive, and shall waive, all
laws such Secretary, in such Secretary’s sole discre-
tion, determines necessary to ensure expeditious con-
struction of the barriers and roads under this sec-
tion.
‘‘(2) NO JUDICIAL REVIEW.—Notwithstanding
any other provision of law (statutory or nonstatu-
tory), 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.’’.
Erm...from what I can tell, the House has already passed this bill with an overwhelmingly Republican Majority voting for it (like 98% who voted were republican).
http://www.aila.org/fileViewer.aspx?docID=17434
SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVE-
MENT 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
8
shall have the authority to waive, and shall waive, all
laws such Secretary, in such Secretary’s sole discre-
tion, determines necessary to ensure expeditious con-
struction of the barriers and roads under this sec-
tion.
‘‘(2) NO JUDICIAL REVIEW.—Notwithstanding
any other provision of law (statutory or nonstatu-
tory), 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.’’.
Erm...from what I can tell, the House has already passed this bill with an overwhelmingly Republican Majority voting for it (like 98% who voted were republican).
