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Homeland Security Waives Law for Border Fence Construction 09/19/2005
Apparently taking advantage of media focus on Hurricane Katrina and its aftermath, the Department of Homeland Security (DHS) announced that it is exercising its newly acquired power to waive apparently all law in order to expedite construction of border fencing near San Diego. Read More

Homeland Security Wins Power to Waive All Law 05/16/2005
A stroke of the pen makes it final: President Bush signed into law the Iraq war supplemental, which includes a controversial provision giving the secretary of homeland security the power to waive all law when securing U.S. borders. Read More

Senate Vote Gives Homeland Security Power to Waive All Law 05/10/2005
Statement of Robert Shull, Director of Regulatory Policy, OMB Watch

In passing the Iraq War Supplemental today, the Senate also gave the Secretary of Homeland Security the power to waive any and all law in the course of building roads and barriers along the U.S. borders -- without limit and with no checks and balances. The measure is part of the "REAL ID Act of 2005," the controversial immigration bill attached by the House as a rider to the Iraq war supplemental. Read More

Bill for DHS to Waive All Law Rides on Iraq War Supplemental 03/21/2005
The House of Representatives voted to attach H.R. 418, the REAL ID Act — a bill that includes a dangerous provision empowering the Secretary of Homeland Security to waive all law when securing the nation’s borders — as a rider to the Iraq war supplemental, which passed the House and now is moving to the Senate. Read More

Congress Votes to Waive All Laws for Homeland Security 02/10/2005
The House of Representatives voted 243 to 179 today to reject an amendment that would have stripped section 102 from the REAL ID Act of 2005 (H.R. 418). The bill, as passed, would empower the Secretary of Homeland Security to waive any federal laws, without limit, in the course of building barriers along the nation's borders. Read Statement

Groups Tell Congress to Reject Measure Placing DHS Above All Law 02/09/2005
Citizens for Sensible Safeguards sent the House of Representatives a letter opposing section 102 of H.R. 418, the "REAL ID Act of 2005." The measure would empower the Secretary of Homeland Security to waive any and all law, without limits. It is a dangerous provision that would put a government official above the law. Download the PDF here.

Bill Would Place Homeland Security Above All Law 02/07/2005
A bill to establish national identification card standards and restrict asylum claims also contains a controversial provision to empower the Secretary of Homeland Security to waive any and all laws in the course of securing the borders from illegal immigration. The provision also includes an exemption from judicial review that not only shields the waiver decisions from court scrutiny but also strips courts of any power to order remedies for anyone harmed by the consequences of such decisions. Read More