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Real ID Waiver Authority Compromises Our Borderlands

The unprecedented power granted to the Secretary of Homeland Security (DHS) by Section 102 of the Real ID Act has been used multiple times to “waive in their entirety” thirty-seven federal laws. Although the Secretary of DHS is unelected appointee, with the stroke of a pen one individual has the ability to dismiss decades of protective laws passed by Congress and signed by presidents, all to circumvent local, state, and federal laws when constructing border walls. The waiver provision of the Real ID Act is a grave threat to the checks and balances within the United States Constitution.

For more information visit Real ID History.

Federal laws waived by DHS for construction of border wall include:

Border wall construction access road through formerly roadless Otay Mountain Wilderness Area, California. Photo: Roy Toft, ILCP, Lighthawk

National Environmental Policy Act

Endangered Species Act

Clean Water Act

National Historic Preservation Act

Migratory Bird Treaty Act

Clean Air Act

Archaeological Resources Protection Act

Safe Drinking Water Act

Noise Control Act

Solid Waste Disposal Act

Comprehensive Environmental Response, Compensation, and Liability Act

Archaeological and Historic Preservation Act

Antiquities Act

Historic Sites, Buildings, and Antiquities Act

Wild and Scenic Rivers Act

Farmland Protection Policy Act

Coastal Zone Management Act

Wilderness Act

Federal Land Policy and Management Act

National Wildlife Refuge System Administration Act

Fish and Wildlife Act of 1956

Fish and Wildlife Coordination Act

Administrative Procedure Act

Otay Mountain Wilderness Act of 1999

California Desert Protection Act

National Park Service Organic Act

National Park Service General Authorities Act

National Parks and Recreation Act of 1978

Arizona Desert Wilderness Act

Rivers and Harbors Act of 1899

Eagle Protection Act

Native American Graves Protection and Repatriation Act

Federal Grants and Cooperative Agreements Act of 1977

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