New bill would put Homeland Security above the law

[realFedUp]

from: Marc Parent (http://mparent7777.blog-city.com/read/1054072.htm)
New bill would put Homeland Security above the law

Feb 4th, 2005

This is probably the wrong time of day to post something like this. But it needs to get out there. Please recommend this diary to keep it on the front page.
On January 26, 2005, Rep. Sensenbrenner introduced the REAL ID Act of 2005 (H.R. 418). In the name of homeland security, it includes a number of items changing immigration laws, use of drivers' licenses, etc.

But -- most overlooked -- is Section 102 of this bill. It would empower the Secretary of Homeland Security to suspend anyy and all laws in order to ensure the "expeditious" construction of a set of barriers and roads south of San Diego, to keep illegal immigrants out. It also would prohibit ANY judicial review of the Secretary of Homeland Security's decision to suspend any law. ON EDIT: While the law the bill references mentions barriers and roads "near San Diego," it does not appear to be (technically speaking) limited to that area -- but to any barriers or roads "in the vicinity of the United States border." (See comments below).

Continued at:

http://mparent7777.blog-city.com/read/1054072.htm

[realFedUp]

1. ACLA has further action on immigration policies

http://www.aclu.org/ImmigrantsRights/ImmigrantsRights.cfm?ID=17407&c=22

Tell Congress You Want Real Security Reforms, Not a War on Immigrants

The United States is a nation of immigrants with a long, proud history of granting asylum to those fleeing from religious or political persecution.

But "security reform" legislation introduced in Congress makes a mockery of that tradition with an outrageous requirement that would force many asylum seekers to get supporting evidence from the very governments they are fleeing. House Judiciary Committee Chairman, James Sensenbrenner (R-WI), has proposed a bill that would permit officials to require asylum seekers to provide evidence of their persecution issued by the persecuting governments themselves.

The proposed legislation, the REAL ID Act of 2005 (H.R. 418) would allow government officials, contrary to international law, to demand written "corroboration," such as police reports or other official documents, of asylum claims. Christians fleeing persecution in the Sudan or China could be asked for government-issued evidence of that very persecution. This senseless provision has been opposed by organizations across at the political spectrum, such as Gun Owners of America, the Hebrew Immigrant Aid Society, the Episcopal Church and the U.S. Conference of Catholic Bishops.

The proposed legislation also places state motor vehicle departments in the role of enforcing federal immigration regulations. DMV employees would be required to identify illegal immigrants and deny them driver's licenses, regardless of any state policies to the opposite, and even though they lack training in federal immigration law. This use of state motor vehicle agencies as agents of the federal immigration service would lead to an increase in unlicensed drivers, undermining public safety and increasing insurance rates for everyone.

Take Action! Urge your Representative to oppose this unnecessary assault on immigrants that would undermine our national commitment to freedom and liberty.

[Endangered Specie]

2. umm...

"It also would prohibit ANY judicial review of the Secretary of Homeland Security's decision to suspend any law."

I doubt that will survive in the Courts.

[SnoopDog]

3. ANY law that violates the Constitution is ILLEGAL. Period.

No one and no entity is above the law of our Constitution.

[indepat]

4. And we can take great comfort Anton et al will strike down all unconsti-

tutional law, that they will put country and its constitution above ideology, personal views, and partisan politics.

[SnoopDog]

5. Just trying to say that any law that violates the Constitution is

illegal. And if our Congress and/or Courts allow an unconstitutional law then our country has been overthrown by foreign operatives. Our USA, our democracy therefore has been erased by traitors.

[Al-CIAda]

6. Yes it has.