Write your member of Congress - Oppose HR 1505

An assault on America's public lands and environmental laws has been introduced in the U.S. House of Representatives, bearing the ironic name "National Security and Federal Lands Protection Act" (HR 1505).

Over 30 federal protection laws would be waived in a zone that extends 100 miles into the United States from all land borders and coasts. Roughly two-thirds of the U.S. population lives in the area targeted by this waiver. Cities from San Francisco to Boston and national parks from Glacier to Everglades could be put at risk.

And if that weren't enough, HR 1505 prohibits the Departments of the Interior and Agriculture, which oversee our national parks, wilderness areas, and wildlife refuges, from taking any actions to preserve the natural integrity of the lands that they oversee if their actions or advice conflict with the desires of the Department of Homeland Security (DHS).





HR 1505 is using national security as a cover to attack environmental laws and protected lands. DHS has not expressed a need for these harmful provisions. In fact, DHS testifies that public land managers are not getting in the way of their operations. Last October, the Government Accountability Office found that "most [Border Patrol] agents reported that land management laws have had no effect on Border Patrol's overall measure of border security."

Visit the Sierra Club page to send an email to your member of Congress, telling them to oppose HR 1505:

https://secure2.convio.net/sierra/site/Advocacy?cmd=display&page=UserAction&id=6239

Tell Congress to Support the Border Security and Responsibility Act

Last week, Representative Grijalva (D-Arizona) introduced the Border Security and Responsibility Act of 2009 (HR 2076). This legislation would restore the rule of law to the borderlands by repealing the Real ID waiver provision and help protect our communities, private property, and national parks and wildlife refuges from damaged caused by the border wall.

This week, dozens of concerned citizens from across the nation are traveling to Washington, D.C. on their own dime to walk through the halls of Congress and build support for Rep. Grijalva’s bill.

But you don’t have to be in DC to make a difference. Please take action today. Call your member of Congress and urge him or her to support the Border Security and Responsibility Act of 2009. The congressional switchboard is 202-225-3121, or find your representative’s contact information at www.house.gov.

With enough phone calls, we can elevate this critical issue for Congress and ensure that the damage caused by the border wall is no longer ignored.

Thanks for making a difference, and please pass on this alert and post links to it.

Suggested Talking Points for Phone Calls:

· Please cosponsor the Border Security and Responsibility Act of 2009, a bill recently introduced by Rep. Grijalva.

· The border wall has caused significant damage to communities, water quality, and wildlife habitat. I think that Congress needs to act to address these problems that the wall has created.

· I am concerned by the fact that three dozen laws were waived for border wall construction. Landmark laws like the Endangered Species Act and the Safe Drinking Water Act were put in place for a reason: to protect the public’s interest. These laws shouldn’t be ignored. An unelected official should not have the power to waive these laws.

· Land managers, local officials, and local communities have been shut out of the decision making process. This bill would allow them to have a say in border security decisions by requiring full public notice and participation.

· To address the damage that border walls have caused, there need to be robust mitigation efforts. This bill would develop initiatives to help mitigate negative impacts to communities and natural resources, including the network of congressionally protected federal lands along the border.

· Please cosponsor the Border Security and Responsibility Act of 2009 and help restore and protect the communities and natural areas of the borderlands.

Submit written testimony to the Congressional Field Hearing on the Border Wall

On April 28 a Congressional Field Hearing was held in Brownsville, Texas. Titled Walls and Waivers: Expedited Construction of the Southern Border Wall and the Collateral Impacts on Communities and the Environment, it was intended to investigate the impacts that the border wall will have on border communities if it is constructed. Brownsville Diocese Bishop Reymundo Pena, Eagle Pass Mayor Chad Foster, and many other border residents testified, explaining the damage that a border wall would cause to the assembled members of Congress. The committee will continue to accept written testimony until May 16th. This is an important opportunity to inform members of Congress, and to ensure that our voices become part of the official record. Department of Homeland Security Secretary Chertoff has announced that since he waived the National Environmental Policy Act there will be no Final Environmental Assessments or Environmental Impact Statements, and it is unclear what will happen to the hundreds of public comments that they received. That makes the comments submitted to members of Congress in connection to the field hearing even more important.

Here are the guidelines for written submissions to the U.S.Congressional field hearing record. They need to be in by Friday, May 16th.

1. Head your comments with the hearing name and date: Walls and Waivers: Expedited Construction of the Southern Border Wall and the Collateral Impacts on Communities and the Environment, April 28, 2008.

2. Do not exceed 10 pages.

3. No cover page is needed, although your name, title, and the organization that you represent (if you have one), should also be stated at the beginning of your testimony.

4. Please use typed single-space letter-size (8½ x 11) white paper.

5. Send via the postal service as they are not equipped to handle mass amounts of e-mail. The mailing address is:
Subcommittee on Fisheries, Wildlife and Oceans
Subcommittee on National Parks, Forests and Public Lands
1324 Longworth House Office Building
Washington, DC 20515

6. If you submit attachments or exhibits to your testimony please include them as separate items at the end of your testimony. If attachments are more than 10 pages (in addition to your original testimony) or on paper larger than 8½ x 11, we will not accept them for printing. Instead, you should paraphrase or quote as needed. If including charts, tables, maps, or photographs, they should be included on separate pages, not within the text of a page.

7. THINGS TO AVOID: Underlining, footnotes, capitalization of the whole document or solid blocks of text.

Write Congress to Protest Chertoff's Waiver of Laws on the Border!

Invoking the power granted by the Real ID Act to waive any law that he sees fit to build walls on the border, DHS Secretary Chertoff has suspended 36 federal laws. This allows him to begin border wall construction immediately, regardless of the damage that they will do to communities and the environment. Homes will be bulldozed, farms will be sliced in half, and endnagered species will be driven to extinction. The Real ID Act makes a mockery of the notion of the rule of law.

We must flood Congress with calls, letters, and emails demanding that they immediately repeal section 102 of the Real ID Act and rescind the waivers that Chertoff has issued.

Contact you Representative today and let them know that since they enacted the Real ID Act, it is up to them to repeal it and undo the damage. You can contact House members using the House of Representatives website:

https://forms.house.gov/wyr/welcome.shtml

Contact your US Senators and let them know that they too bear responsibility for undermining the rule of law, and must act immediately to repeal section 102 of the Real ID Act. You can contact your Senators using the Senate's website:

http://www.senate.gov/general/contact_information/senators_cfm.cfm

The No Border Wall Coalition will be sending the following letter to members of Congress. Feel free to quote or paraphrase from it when you call or write your elected representatives.

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Representative,

Homeland Security Secretary Michael Chertoff has “waived in their entirety” 36 federal laws along the entire United States southern border from San Diego, California to Brownsville, Texas. This represents an unprecedented abuse of authority on Secretary Chertoff’s part, and clearly demonstrates the need for an immediate repeal of section 102 of the Real ID Act.

Obeying the law is not voluntary, it is mandatory, and Secretary Chertoff cannot legitimately claim to be sweeping aside a host of laws on the border in defense of immigration laws. In a nation of laws all laws must be respected, not just those that are convenient.

Equal protection under the law is meant to be a fundamental right shared by every American, but the Real ID Act makes the legal rights of citizens who live near the border conditional on Secretary Chertoff’s whims. Section 102 of the Real ID Act of 2005 states, “Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive all legal requirements such Secretary, in such Secretary’s sole discretion, determines necessary to ensure expeditious construction of the barriers and roads under this section.” No one else is granted this extreme power under any circumstance. The President cannot waive our nation’s laws even in times of national crisis, and Secretary Chertoff cannot waive the laws that protect citizens who live away from the border. Only border residents may have their legal protections waived.

The only reason for Secretary Chertoff to waive these laws is because he knows that construction of the border wall will break them. In announcing the Real ID Act waivers Secretary Chertoff said, "Criminal activity at the border does not stop for endless debate or protracted litigation." The waivers are an admission that the border wall will itself violate these 36 federal laws, making construction of the wall a criminal act. If Chertoff is genuinely concerned with criminal activity he should ensure that the agency that he oversees complies with the law. Instead, by setting these 36 federal laws aside, Secretary Chertoff sets himself above the law.

Congress must not allow unchecked power to remain in the hands of an unelected administration appointee. As James Madison wrote in the Federalist Papers, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands… may justly be pronounced the very definition of tyranny.” Allowing one man to overrule laws passed by Congress and signed by the President for the express intent of circumventing judicial oversight is un-American.

The No Border Wall Coalition calls on Congress to repeal section 102 of the Real ID Act and restore the rule of law. The waivers already written must be rescinded so that citizens whose only offense is the location of their homes may again be afforded the full protection of all of our nation’s laws. In passing the Real ID Act Congress created this situation, and it is now up to Congress to remedy it.