By
Jon Feere,
June 23, 2008
The Supreme Court today rejected a plea by environmental groups to prevent Homeland Security from constructing part of the pending U.S.-Mexico border fence. The White House had made use of a statutory provision in the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (provided via amendment by 2005’s REAL ID Act) which reads, in part: “[n]otwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive all legal requirements such Secretary, in such Secretary’s sole discretion, determines necessary to ensure expeditious construction of the barriers and roads.” In other words, Congress gave the White House direct authority to waive various laws, such as environmental protection statutes, when securing our borders. Read more...