Oppose H.R. 418, Support the Farr (D-CA) Amendment
02/10/05

U.S. House
Washington, DC 20515

Dear Representative:

League of Conservation Voters (LCV) is the political voice of the national environmental community. Each year, LCV publishes the National Environmental Scorecard, which details the voting records of Members of Congress on environmental legislation. The Scorecard is distributed to LCV members, concerned voters nationwide, and the press.

LCV urges you to support an amendment that will be offered by Rep. Sam Farr to H.R. 418, the REAL I.D. Act. The bill would provide the Secretary of the Department of Homeland Security (DHS) with sweeping new authority to waive any federal or state law, including those that protect public health, safety and the environment, that would otherwise apply to the construction of roads, walls, fences and other barriers along U.S. borders. The Farr amendment would remove this precedent-setting language.

Americans want our nation’s borders to be secure. However, H.R. 418 is attempting to place a federal official above all law and shield him from accountability in a manner that is itself an affront to our democracy.

It is critical to note that this provision is not limited to a single fencing project along the San Diego border, but would apply to all areas along and “in the vicinity” of our international boundaries with both Mexico and Canada. Under this waiver, DHS would be free to undertake large construction projects anywhere along our borders without oversight, accountability, or legal constraints. Never before has any federal agency or official been provided with such a breadth of unjustified exemptions from law.

We are a nation founded on the rule of law. To place any federal official literally above any law of their choosing – whether environmental, labor, civil rights or contract law – is a step that should not be taken lightly. Yet DHS has not demonstrated a need to waive any or all laws. In fact, there has not been a single Congressional hearing that has illustrated a need for these broad exemptions.

Furthermore, the language in H.R. 418 removes all avenues of judicial review and is a direct affront to our most basic Constitutional principles of checks and balances and separation of powers. We believe that it is possible to ensure border security while shielding the public and the environment from harm and have not seen evidence otherwise.

LCV supports the Farr amendment. Should the Farr amendment fail, we urge you to oppose final passage of H.R. 418. LCV's Political Advisory Committee may consider including votes on this issue in compiling LCV's 2005 Scorecard. If you need more information, please call Betsy Loyless in my office at (202) 785-8683.

 

Sincerely,

Deb Callahan
President, LCV