This week, the Department of Homeland Security announced it will use its authority to bypass several laws and regulations it claims are impeding the completion of 670 miles of border fence, including the National Park Service Organic Act, the Safe Drinking Water Act, the Clean Air Act, the Antiquities Act, the Native American Graves Protection Act “and 31 other laws.”
Subsequently, DHS will not have to conduct detailed reviews on the fence’s impacts on wildlife, water, and vegetation.
Secretary Michael Chertoff believes we must follow the law — except when he wants to waive it. In a small blogger roundtable yesterday, Chertoff said that “whatever happens” with immigration reform in the future, the public must be be legally compliant:
I think people on all ends of the spectrum should realize that it is in everybody’s interest to get this job done at the border, to enforce the law against employers. … We also need to resolve the problem of people who are here illegally, who have got to comply with the law but many of whom have been here for a long time, and we’ve got to figure out a way to deal with that issue.
But the foundation for doing this is living up to our obligation as it is now. And I would say that whatever happens eventually with immigration reform, there’s no excuse for not complying with the law as it’s been set forth.
Watch it:
If Chertoff would only apply those standards to himself. His waiver represents “the biggest use of legal waivers since the administration started building the fence.” Even White House environmental adviser Jim Connaughton acknowledged the fence may “not meet the strict requirements of the law.” Chertoff also admitted that without the waiver, his fence would run into legal trouble:
Although we want to be respectful of the environment, we cannot afford to get enmeshed in the kinds of litigation that have traditionally cost projects decades to complete.
While the administration claims Congress authorized the waiver with the Real ID Act of 2005, Rep. Bennie Thompson (D-MS) noted, the “waiver represents an extreme abuse of authority. … It was meant to be an exception, not the rule.”

Ah, yes. The law is for “little people” (with thanks to Leona Helmsley).
April 3rd, 2008 at 6:31 pmWith the state of our economy and growing joblessness it will be Mexico building the fence to keep US out.
April 3rd, 2008 at 6:33 pmif he’s going to have a “gut feeling” or a bowel movement, he should use attends like MkKKain does
April 3rd, 2008 at 6:36 pmInteresting point, this morning Rick Perry, Governor of Texas complained about the lack of help from Washington. He has started several programs without Chertoff or Bush and it is working to stem the tide of illegal immigrants. And Perry is a Republican, was Lt Governor under Bush, lo and behold !!!
April 3rd, 2008 at 6:37 pmSkeletor was for/against the rule of law before/after it didn’t suit his immediate goals.
Genuine BushitCo credentials, Chertie!
April 3rd, 2008 at 6:38 pmIOKIYAR
April 3rd, 2008 at 6:43 pmto the tenth power!!
leftcoast- strange you mention that, we have had several friends move to Mexico for the healthcare. They gave up Medicare because they find care in some cities equal or better than here. And of course living is much cheaper so their retirement funds go further.
April 3rd, 2008 at 6:43 pmDo as we say , not as we do (because none are worthy outside of us) . Sincerely , The Worst President and Administration in US History
April 3rd, 2008 at 6:45 pmWell, come on, people? How do you expect the fence to be ready in time for pre-election photo-ops if they have to do measly crap like “obey” the “law”?
April 3rd, 2008 at 6:47 pmtexaslady- Mexico is home to hundred of thousands ex-pats. The numbers will increase as we begin to see the depths of our economic morass.
April 3rd, 2008 at 6:48 pmIt is also very interesting about Mexico’s immigration rules and laws. I think we could adopt some of the measures and be much better off. Also, they already have armed guards at their Southern border and they really do have ammunition in their guns. Interesting note, if you live there and you even join in a protest you can be deported.
April 3rd, 2008 at 6:54 pm“There’s no excuse for not complying with the law.” Who the hell is this jackass to be telling anyone about complying with the law?
April 3rd, 2008 at 6:57 pmThis administration’s motto should be “Complying With The Law (Is For Suckers)”
April 3rd, 2008 at 7:00 pm#13 - EXCELLENT !
April 3rd, 2008 at 7:02 pmhussein toasterhead Says:
April 3rd, 2008 at 6:47 pm
Well, come on, people? How do you expect the fence to be ready in time for pre-election photo-ops if they have to do measly crap like “obey” the “law”?
Bingo! Expect alot of sound and fury and exploding flashbulbs(oops, gave my age away) about this before the election. If McShrub is elected, it will fade away. If Obama is elected, he’ll get blamed for not completing it, never mind the stinking laws.
Very predicable.
April 3rd, 2008 at 7:03 pmStrange that 97% polled think Border Agents Ramos and Compean should be released pending appeal but bush can’t be bothered. Of course his buddy Johnny Sutton would look like a dishonest, corrupt Attorney, can’t have that can we ?
April 3rd, 2008 at 7:03 pmMexico and the U.S., as bordering neighbors have a compelling economic need to work together. Fences are nothing but show, and they decay. Enforcement of our borders and immigration are necessary for security, but fences will not eradicate illegal crossings. Mexican job growth and opportunity are paramount to their nation’s security and to that end, our own.
April 3rd, 2008 at 7:06 pmWhen will someone arrest Chertoff and deport him to the country he truly works for?
April 3rd, 2008 at 7:09 pmFences at 3 Million a mile are as much of a waste as the Stimulus package. Does Washington really think Americans are buying this garbage information ?
April 3rd, 2008 at 7:09 pmAnd there are better and more efficient ways to allow workers to enter and work here. But we do need to know who is entering.
texaslady- Ramos and Compean must be released with no new trial. Sutton got his marching orders from the WH.
April 3rd, 2008 at 7:09 pmleftcoast - Really that is great! Been so busy haven’t been able to watch much news. You know they aren’t the only Border Agents that have been jailed or lost their jobs. Even when cameras record the drug smugglers trying to run over them.
April 3rd, 2008 at 7:14 pmtexaslady- sorry, my note was not clear. I’ve heard nothing about their release.
April 3rd, 2008 at 7:18 pmAwesome!!!
This will be a great tourist attraction several hundred years from now like the Great Wall of China.
April 3rd, 2008 at 7:19 pmleftcoast Says:
April 3rd, 2008 at 7:06 pm
Mexico and the U.S., as bordering neighbors have a compelling economic need to work together. Fences are nothing but show, and they decay. Enforcement of our borders and immigration are necessary for security, but fences will not eradicate illegal crossings. Mexican job growth and opportunity are paramount to their nation’s security and to that end, our own.
_____
Exactly. And it’s not just Mexico - it’s also Guatemala, El Salvador, Honduras, Nicaragua, and the other states we’ve been mucking about with for 50 years.
April 3rd, 2008 at 7:19 pmjay_severin_has_a_small_pen1s Says:
April 3rd, 2008 at 7:19 pm
Awesome!!!
This will be a great tourist attraction several hundred years from now like the Great Wall of China.
____
True - that wall didn’t keep anybody out either.
April 3rd, 2008 at 7:20 pmtoaster- good point. We are reaping the rewards of interference.
April 3rd, 2008 at 7:22 pmYou know Mexico has many resources in minerals as well as oil. Actually they supply oil to us. Now if their leaders would just share abit with the citizens, well who am I fooling. I have no problem with immigrants coming to work, but we need to know who they are. As it is anyone can come through Mexico/Texas border with enough money to pay the smugglers.
April 3rd, 2008 at 7:23 pmSo much more good could be done with 3 Million per mile than a half done wall. Wonder who the no bid contractor is.
April 3rd, 2008 at 7:25 pmForget the fence. Build multitudes of “Welcome Stations” at strategic entry points, make it very easy to report in and register. Offer water,food, medical and shelter to those who have walked through the desert. Give them every opportunity to become “legal”. But make it understood that those who don’t go through the process will be prosecuted and imprisoned along with those who employ them.
April 3rd, 2008 at 7:26 pmI just love all the “law” talk when some 200,000 armed men are occupating illegally 2 countries.
Like in February when Serbs attacked the US embassy in Belgrade. The US Dept said something about international law. LMAO!!!
April 3rd, 2008 at 7:26 pmWhen do they start building a wall on the Canadian border? You know, so this doesn’t look totally racist?
April 3rd, 2008 at 7:32 pmtexaslady Says:
April 3rd, 2008 at 7:23 pm
You know Mexico has many resources in minerals as well as oil. Actually they supply oil to us. Now if their leaders would just share abit with the citizens, well who am I fooling. I have no problem with immigrants coming to work, but we need to know who they are.
You know there are explicit economic policies of IMF, the WorldBank and US that prevents the development of technology (just one example) for Mexican products (read Aztec motors at the beginning of XX).
Also, remember the Marshall Plan where US lent huge amounts of money to Europe after WWII in order to buy ONLY AMERICAN products and no country was allowed to become communist? That’s how the US (or Britain before you) deal with lesser economies. You HAVE TO BUY AMERICAN PRODUCTS, if you don’t you are a communist (Sandinistas, Allende, Cuba) or you are a terrorist (Iran and Iraq).
April 3rd, 2008 at 7:32 pmIt’s not a fence, it’s a smokescreen.
April 3rd, 2008 at 7:38 pmA little OT but, just goes to show everyone it’s all about money. http://www.infowars.com/?p=1261
April 3rd, 2008 at 7:39 pmIf the link doesn’t work just scroll through the headlines and read this; funny and sad at the same time.
America:
Laws are for others to comply with. Like you.
We can do what we damn well please. What are you going to do about it?
Love,
April 3rd, 2008 at 7:50 pmThe GOP and the Bush Administration
No hypocrisy here, nosiree.
April 3rd, 2008 at 7:51 pmEnforcement of our borders and immigration are necessary for security, but fences will not eradicate illegal crossings. Mexican job growth and opportunity are paramount to their nation’s security and to that end, our own.
You build a 10 foot fence, they will bring a 12 foot ladder.
April 3rd, 2008 at 7:54 pmWhat probably steams ThinkProgress no end is that they’re on the same side as Bush and his lackey Chertoff. TP and Bush both wish that illegal immigration could continue unabated, it’s just that Bush has to occasionally respect the law for political reasons.
April 3rd, 2008 at 7:56 pmJerk-off neocons like Skeletor could benifit from some hard labor, patching roofs, digging ditch, etc. They live in fear of losing their lives of privilege. They do no useful work, they obey only the laws they choose and they consume the lion’s share of our resources. 90% of immigrants are better people than 90% of neocon scum like Chertoff.
April 3rd, 2008 at 8:06 pmWayne A. Schneider Says:
April 3rd, 2008 at 7:32 pm
When do they start building a wall on the Canadian border? You know, so this doesn’t look totally racist?
Those Canadian Hosers are taking our jobs. Wouldn’t I be happy to be the point guard for the Suns? They are flooding the USA with their green beer. Disgusting, don’t they know this is America? I think there ought to be a law declaring Bud and Miller the National Brew. If I hear one more “aye”, I’m going to start patrolling the border myself.
April 3rd, 2008 at 8:17 pmChertoff also admitted that without the waiver, his fence would run into legal trouble
In other words, Chertoff is ignoring the law in order to uphold it, which is sort of like destroying the village in order to save it.
Some things never change.
April 3rd, 2008 at 8:18 pmChertoff: We all need to comply with the law -except those of us who are Bush appointees.
April 3rd, 2008 at 8:19 pmNative American Graves Protection and Repatriation Act (NAGPRA
The act divides the treatment of American Indian human remains, funerary objects, sacred objects, and objects of cultural patrimony into two basic categories. Under the inadvertent discovery and planned excavation component of the act and regulations, if federal officials anticipate that activities on federal and tribal lands after November 16, 1990 might have an effect on American Indian burials—or if burials are discovered during such activities—they must consult with potential lineal descendants or American Indian tribal officials as part of their compliance responsibilities.
So the waiver is going to be used against Native American Protection Act. I think we have done enough damage to the Native Americans without throwing a waiver in their face and desacrating sacred grounds without consulting them.
Chertoff doesn’t care about Safe Drinking Water. I think he should consult the many communities and states this is going to effect. They are going to get many waivers thrown in their face also. It must not be in his neighborhood. Chertoff if the fence is going to run into legal trouble there’s probably a real good reason why!! It probably shouldn’t be built. The sacrifice and damage it will cause should outweight the need to have it built.
April 3rd, 2008 at 8:27 pmYou know, if you’re really concerned about security, p¡ssing off the people on your side of the fence is not really a good idea.
April 3rd, 2008 at 8:40 pmWho needs a wall.
Build a series of towers that are equipted with infrared and night vision sights and sniper rifles. Connect them via satellite to the internet. Set up a sight called shootwetbacks.com and charge $1 per bullet. Americans can sit at home and shoot illegals.
I’m sure someone in the DOJ already thought of it. Maybe even John Yoo.
April 3rd, 2008 at 8:46 pmChertoff needs to visit the fence and get attacked by a wild animal that can’t get to it’s offspring on the other side. Or drink the water. Or play some golf at the course where the fence is interrupted because of political connections.
These people have no respect for the natural world. What if we actually had laws that enforced border security with real people instead of destroying the environment? Wow, that might cost a few cents of what we are spending in Iraq. But cheaper than this stupid wall.
Why are the only people in America who should be fired secure in their jobs while the rest of us expect ruin any minute? Why does the Democratic leadership refuse to impeach? Have they been granted freedom after the martial law is called?
April 3rd, 2008 at 9:14 pmSo, in effect there is no law. Just Bush law enforced by Chertoff, the Katrina dawg. Just waive the laws, what the hell. Don’t mean nuthin’.
April 3rd, 2008 at 9:26 pmJust another note. Someone mentioned shooting illegals, the fact is, our glorious Texas Rangers were shooting them way back in the day.
April 3rd, 2008 at 9:28 pm.
SINCE WHEN DOES THE RULE OF LAW MATTER TO THESE FASCISTS?
.
April 3rd, 2008 at 9:34 pmThis fence is a monument to GOP stupidity and deserves mockery and scorn. But it is also a slap in the face of Hispanics and Native Americans. Racist Republicans will pay dearly for this in the future.
April 3rd, 2008 at 9:50 pmSuch BS…
April 3rd, 2008 at 10:58 pmImmigration, gay marriage, abortion and guns WILL NEVER be solved. The repugs need these issue to stir up the public in order to keep the eye off the real issues… issues like more tax breaks for the wealthy. They use this every election year.
They will just ask for immunity anyways.It`s just more smoke and mirrors to detract us from the war and all of the other bullhockey that is going on with this bushco crime family.
April 4th, 2008 at 1:43 amDid you know that the Clinton Administration increased the Border Patrol by 40%? They deported more illegal aliens than any administration in U.S. history–all without walls or changing the rules.
April 4th, 2008 at 7:42 amAt least the no bid contractors (cronies) who will build the wall will have our money. And that is all that really matters. This is taxation without representation. The will of the people is being denied. The people’s laws are being subverted without the will of the people. This is past Boston tea party time folks. Let’s DO something! We need to quit being afraid of Big brother and take OUT big brother. This government is NOT by the people for the people. The PEOPLE, not our “elected” representatives need to stop the madness.
April 4th, 2008 at 9:30 amI am presently spending the winter and spring in the Rio Grande valley. I recently visited the river for a crusie. The businesses on the river, restaurants, fishing boats, recreation areas, camping areas etc. will all have to be closed when they build the wall. The wall is to be a double walled concrete structure, 15′ tall and 15′ wide with a road for the border patrol, built on top of the flood control dikes. All access to the river will be ended. Businesses on the river side of the dikes will have to be moved or abandoned. The gov. does NOT give a shit.
Maybe the govt. doesn’t think that ladders or tunnels could be used. DUMB DUMB DUMB waste of money.
The border patrol has started recruiting recently on all of the local TV stations. Every day on the news they report on the chases with wrecks, deaths, mayhem etc, It is like a game they play in the valley.
Just reporting first hand.
Bob, The Winter Texan.
April 4th, 2008 at 11:12 amWhy all the hoopla about the Bush administration still ignoring laws, and making up their own?
They’ve been doing it for over eight years - starting when Bush & Cheney, two Texas residents, skirted the Twelvth Amendment by Cheney simple changing his voter registration back to Wyoming, in order to run for vice president with Bush. When no one objected to that, they knew it would be clear sailing for them to flout any and every other law of this land; and have proceeded to do so ever since.
April 4th, 2008 at 12:50 pmBuilding a fence will slow illegal crossings, but why do we treat these people as illegal, because they are cheap labor? We cant seem to get enough of it from China! Republicans love illegals, they are quiet and dont even get a vote, a fence is a joke. complying with a law that is unjust or just plain stupid is a waste, Michael Chertoff is a joke, it amazes me that determined morons actually get high level posts, he was probably Bush’s old drinking buddy.
April 5th, 2008 at 7:10 am