The House of Representatives on Thursday approved the so-called "Real ID Act," legislation aimed at toughening border security and overhauling the nation's immigration system. But House Resolution 418 goes too far, and it includes provisions that should frighten any American concerned about the state of freedom in this country.

It has become all too common in our post-9/11 society for the government to tread on liberty in the name of safety. HR 418 follows this path. The legislation would create nationwide standards for driver's licenses - a de facto national identification system - and tighten requirements for obtaining political asylum in the United States. It would also force the government to complete a disputed wall along the Mexican border in California.

Most disturbing - frightening, even - is language in the bill relating to that fence. This law would give the head of the Department of Homeland Security authority to place himself above the laws of the United States.

Tucked among the other onerous provisions of the act, Section 102, "Waiver of laws necessary for improvement of barriers at borders," says 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" (emphasis ours). In addition, HR 418 would not allow judicial review. That's right; "no court shall have jurisdiction . to hear any cause or claim arising from any action undertaken, or any decision made" by the secretary.

The House of Representatives wants to give a single individual the power to ignore all U.S. laws if thinks he needs to disregard them.

Supporters of this legislation might point out how this authority to flout the law only applies to the process of building the roads and barriers called for elsewhere in the bill. However, its wording is far too broad in exempting the head of Homeland Security from the rule of law.

For example, suppose, as in California, wall construction gets stalled by environmental regulations. The "Real ID Act" would let the secretary flout those laws to get the fence built. Or what if activists tried to express their First Amendment rights by protesting such a wall? This new law would allow Homeland Security to round them up and cart them off - and the protesters couldn't fight that action in court.

This travesty of a bill has already passed the House. It's up to the Senate to strike down this assault on the rule of law - and Texas' senators have a duty to stop this bad legislation. As chairman of the Border Security, Immigration and Citizenship Subcommittee, part of the Senate Judiciary Committee, Sen. John Cornyn must stamp out this threat to our liberty. In her role as a member of the Senate Appropriations Committee - including the Commerce, Justice, State and Judiciary Subcommittee - Sen. Kay Bailey Hutchison also must safeguard our freedom.

Congress should not place anyone above the law, not even in the name of homeland security.

© 2005 The Monitor

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