OMBWatch: Senate Vote Gives Homeland Security Power to Waive All Law In Construction of Border Fences and Roads

In passing the Iraq War Supplemental today, the Senate also gave the Secretary of Homeland Security the power to waive any and all law in the course of building roads and barriers along the U.S. borders -- without limit and with no checks and balances. The measure is part of the "REAL ID Act of 2005," the controversial immigration bill attached by the House as a rider to the Iraq war supplemental.
The consequence of this decision is that Congress has given one man a license to waive any law, for any reason or for no reason at all. Michael Chertoff, the Secretary of Homeland Security, now has the power to simply waive away laws that protect the environment, safeguard public health, ensure consumer and workplace safety, prevent unfair business practices, and ban discrimination -- at his sole and unreviewable discretion.
There is too much at stake to grant any government officials the power to waive all law. Immediately at stake, of course, are current environmental protections in the vicinity of the borders, but even more is at stake. These fences and roads will not build themselves -- they must be put in place by workers, who could lose all their workplace safety protections as well as their rights to collective bargaining or even overtime pay. This new power comes completely without limit; every law, from child labor to ethical contracting, can now be waived.