If I understand these bills correctly it appears to me that the new bill is restricting the authority to just the barriers, roads and fences specified in the old 1996 bill. While this may be somewhat oppressive it does not seem to be nearly as bad as some have speculated here. As I understand it there is no private property involved but mostly some environmental restrictions.
The section of bill from 1996 that is to be amended is as follows:
Quote:
Illegal Immigration Reform and Immigrant Responsibility SEC. 102. <<NOTE: 8 USC 1103 note.>> IMPROVEMENT OF BARRIERS AT BORDER.
(a) In General.--The Attorney General, in consultation with the
Commissioner of Immigration and Naturalization, shall take such actions
as may be necessary to install additional physical barriers and roads
(including the removal of obstacles to detection of illegal entrants) in
the vicinity of the United States border to deter illegal crossings in
areas of high illegal entry into the United States.
(b) Construction of Fencing and Road Improvements in the Border Area
Near San Diego, California.--
(1) In general.--In carrying out subsection (a), the
Attorney General shall provide for the construction along the 14
miles of the international land border of the United States,
starting at the Pacific Ocean and extending eastward, of second
and third fences, in addition to the existing reinforced fence,
and for roads between the fences.
(2) Prompt acquisition of necessary easements.--The Attorney
General, acting under the authority conferred in section 103(b)
of the Immigration and Nationality Act (as inserted by
subsection (d)), shall promptly acquire such easements as may be
necessary to carry out this subsection and shall commence
construction of fences immediately following such acquisition
(or conclusion of portions thereof).
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The wording of the new bill will add section c to the above is as follows:
Quote:
H.R.418 H.R.418
REAL ID Act of 2005 (Engrossed as Agreed to or Passed by House)
SEC. 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, administrative agency, or other entity 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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Reading through this legal mumbo jumbo and trying to figure out what the hell they are talking about is worse than getting a root canal.