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C. 102. WAIVER OF LAWS NECESSARY FOR IMPROVEMENT 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 shall have the authority to waive, and shall waive, all laws such Secretary, in such Secretary's sole discretion, determines necessary to ensure expeditious construction of the barriers and roads under this section.

`(2) NO JUDICIAL REVIEW- Notwithstanding any other provision of law (statutory or nonstatutory), 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.'
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[livejournal.com profile] twistedchick says:

Please note that it not only allows the Secretary of Homeland Security to waive any law he wants, it prohibits any court from having jurisdiction over any claim arising from this; the courts cannot order any sort of relief from damage caused by abridging the laws. No compensatory damages, no other claims allowed.

It's a get-out-of-jail-free card for the HSA to do whatever it wants on the borders. If the HSA Secretary says that he wants to cut down every tree on the border, dig a ditch a thousand feet deep, fill it with toxic chemicals, and get Saruman to create orcs to take over patrolling the borders, no court in the US would be able to stop this.

(no subject)

Date: 2005-02-09 07:16 pm (UTC)
From: [identity profile] jsbowden.livejournal.com
Lat time I read ye ole Defining Document (aka, the Constitution of the United States of America), the Judiciary was a separate branch that didn't fall under Congressional control and can pretty much tell Congress to take a flying fucking leap, we'll hear what we goddamned good and well please, thank you very much. And any law that claims to remove the right to petition the government for redress of greivances ain't exactly on firm Constitutional grounds either...

(no subject)

Date: 2005-02-09 08:16 pm (UTC)
From: [identity profile] theweaselking.livejournal.com
Why do you hate America?

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