The Real ID Act of 2005
THE REAL ID ACT OF 2005
U.S. CONGRESS PASSES DISTURBING NEW LAWS CALLED
"REAL ID ACT"
Congress added a complex group of laws to the appropriations bill for military funding and tsunami relief. The President signed the bill into law on May 11, 2005. No hearings were held on these provisions. The supporters claimed that they were against terrorists, but in fact numerous provisions were against immigrants in general, and other provisions reduced or eliminated legal protections for all people. Although the titles of the sections of this law described preventing terrorism, the actual law describes various new ways to prevent people from being granted legal status. The law already forbids terrorists from entering the U.S. Current law and procedures provide for security background checks for applicants for legal status. These new laws do not add anything against terrorists. What do the new laws change?
Title I, called "Amendments to Federal Laws to Protect Against Terrorist Entry" contains:
Section 101, called, ?Preventing Terrorists from Obtaining Relief from Removal" changes standards of proof and appeal rights in asylum and other removal (deportation) cases. Nothing in these provisions specifically addresses terrorists, but they are designed to make it harder for those fleeing persecution to be granted asylum and to appeal wrong and unfair decisions.
Section 102, called "Waiver of Legal Requirements Necessary for Improvement of Barriers at Borders; Federal Court Review," eliminates application of environmental, labor, and any other law to the building of the barrier fence at the border.
Section 103, called "Inadmissibility Due to Terrorist and Terrorist-Related Activities" has some specific anti-terrorist provisions, but it also expands the definition of a terrorist activity to include pure speech and association protected by the First Amendment.
Section 106, called "Judicial Review of Orders of Removal," reduces review of wrong or unfair decisions by appeals courts. The law limits Habeas Corpus review, a protection against wrong or unfair decisions that is in our Constitution under the Suspension Clause, which provides that the right of Habeas Corpus review shall not be suspended. Such suspension did occur at one time in our history, during the Civil War, but this law is the first time since that protection of Habeas Corpus review has been withdrawn.
Title II, called "Improved Security for Drivers Licenses and Personal Identification Cards," sets national standards for drivers licenses and ID cards for Federal purposes such as entering Federal buildings, boarding airplanes and opening bank accounts, to be met within 3 years. No state meets or has the capability to meet these requirements. States will be allowed to issue driving permits for that limited purpose.