In October, [an Arizona] judge agreed with environmentalists that the government had failed to address environmental concerns involved in building a massive fence through a wildlife refuge. The judge issued an order halting construction. Two weeks later, [Homeland Security Chief Michael] Chertoff invoked Section 102 [of the Real ID Act]. Construction immediately resumed.[...]
In Section 102 of that act, Congress offered Homeland Security the power to waive laws conflicting with border
militarizationsecurity.
The Sierra Club and Defenders of Wildlife have a lawsuit against the government saying Section 102 “violates the U.S. Constitution’s fundamental Separation of Powers principles by impermissibly delegating legislative authority to a politically-appointed Executive Branch official.”
Environmentalists are bracing for a similar fight in Texas.
The latest map released by the government shows segments of the wall slicing through critical habitat in Texas. The Sabal Palm Audubon Center in Brownsville will be completely walled off, leaving this rare, species-rich palm grove in a sort-of no-man’s-land. Many Texans probably do not know that the Lower Valley is the most biologically diverse region in the nation. Yet it has a global reputation. I’ve met people from as far away as South Africa who have never set foot in Texas but know about the Valley because of its fame as a birding and wildlife paradise.Chertoff’s response to all this? “I have to say to myself, ‘Yes, I don’t want to disturb the habitat of a lizard, but am I prepared to pay human lives to do that?’”
You bet he isn't. Because Texans are just a fence away from being attacked by armies of foot soldiers coming from Mexico.
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