Civil Rights Coalition Calls REAL ID Act a Power Grab, Sharply Criticizing Anti-immigrant Provisions

Washington, DC – The Leadership Conference on Civil Rights (LCCR), the nation’s oldest, largest and most diverse civil and human rights coalition has joined 67 other civil and human rights organizations to oppose the REAL ID Act (H.R. 418), which was attached to the Iraqi Supplemental Bill (H.R.1268) on the House floor. In an open letter to the Senate, the groups stated opposition to the bill because it contains number of harsh and unjustified anti-immigrant provisions, and an unprecedented measure that would give the Secretary of Homeland Security the unfettered discretion to waive “all laws” that he believes might hamper border control efforts.

“The REAL ID Act is the boldest executive branch power grab we have seen in decades,” said Wade Henderson, LCCR executive director. “It is an irresponsible piece of legislation that literally puts the Secretary of Homeland Security above the law, allowing him to disregard any law that he – and he alone – feels interferes with the construction of barriers at U.S. borders. The current language is so bold as to do away with judicial review – leaving our courts powerless to even review the decisions made by the DHS Secretary, no matter how arbitrary, irrational or illegal they may be.”

Section 102 of the bill states that the Secretary “shall have the authority to waive, and shall waive, all laws such Secretary, in such Secretary’s sole discretion, determines necessary to ensure expeditious construction of the barriers and roads under this section.”  The sweeping language would cover activity anywhere along or near U.S. borders, and explicitly shuts federal and state courts out of the process.

“Think about what that could mean,” Henderson added. “Under this law, the DHS Secretary could decide that immigration laws stand in the way of the prompt construction of a barrier to keep undocumented immigrants out of the country, and could hire undocumented immigrants to build the wall.  He could decide that labor or civil rights laws no longer apply.  He could even decide that criminal laws are too much of a burden to follow.  Under the REAL ID Act, nothing short of impeachment could stop him.”

The letter also sharply criticized a number of other provisions included in the REAL ID Act that would undermine due process for immigrants and result in increased discrimination.  One provision would prevent many immigrants from appealing immigration judge decisions, such as deportation rulings, in federal court.

“The REAL ID Act would eliminate the right of countless immigrants to seek habeas corpus relief, a right guaranteed by the Constitution, without giving them any other way to seek the protection of the federal judiciary,” said Lucas Guttentag, director of the Immigrants’ Rights Project at the American Civil Liberties Union.  “While supporters of its court-stripping language insist it is simply meant to streamline immigration litigation, the truth is that it would eviscerate important federal laws that protect access to the courts and prevent unlawful government action.”

Another provision, dealing with drivers’ licenses, would unwisely force state motor vehicle departments to enforce immigration laws, undermining public safety and driving millions of undocumented immigrants even further underground.

“The REAL ID Act’s language preventing states from issuing drivers’ licenses to undocumented immigrants will not stop determined terrorists, or make America any safer,” noted Cecelia Muñoz, vice president of National Council of La Raza.  “Instead, it would simply result in more unlicensed and uninsured drivers on the roads – and increased discrimination against immigrants who hold a different “temporary” license.  Congress already passed driver’s license legislation only several months ago, and those provisions should be given time to work.”