House Approves Electronic ID Cards

chrisaj5 writes "ZDNet News reports that the Real ID Act of 2005 has been passed by the House, by a 251-161 margin. It stipulates that driver's licenses must include a digital photograph, anticounterfeiting features and undefined machine-readable technology." From the article: "Another portion of the bill says that states would be required to link their DMV databases if they wished to receive federal funds. Among the information that must be shared: All data fields printed on drivers' licenses and identification cards, and complete drivers' histories, including motor vehicle violations, suspensions and points on licenses."

Comments

Yet another repugnant violation of states' rights

[IO ERROR]

The driver license changes are one thing. But it's quite another to coerce the states into passing laws they don't want to pass, or that are contrary to their state constitutions, in order to receive highway funds. Hopefully the Senate kills this quickly.

There is already a database of violators (the Nonresident Violator Compact) being shared between most of the states.

Re:Yet another repugnant violation of states' righ

[Aurostion]

I think that the ID Card is the least worrisome part of this bill. From HR 418 (Real ID Act of 2005). THOMAS doesn't have permenent links, so forgive the lack of a link. Go to http://thomas.loc.gov and search for HR 418. The frightening section: SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVEMENT OF BARRIERS AT BORDERS. Section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended to read as follows: `(c) Waiver- `(1) IN GENERAL- Notwithstanding any other provision of law, the Secretary of Homeland Security 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. `(2) NO JUDICIAL REVIEW- Notwithstanding any other provision of law (statutory or nonstatutory), no court shall have jurisdiction-- `(A) to hear any cause or claim arising from any action undertaken, or any decision made, by the Secretary of Homeland Security pursuant to paragraph (1); or `(B) to order compensatory, declaratory, injunctive, equitable, or any other relief for damage alleged to arise from any such action or decision.'. Rep. Earl Blumenauer yesterday:

If this provision, the waiver of all laws necessary for quote improvements of barriers at the border was to become law, the Secretary of Homeland Security could give a contract to his political cronies that had no safety standards, using 12-year-old illegal immigrants to do the labor, run it through the site of a Native American burial ground, kill bald eagles in the process, and pollute the drinking water of neighboring communities. And under the provisions of this act, no member of Congress, no citizen could do anything about it because you waive all judicial review.

Section 102 is even scarier.

[grimwell]

Section 102 allows the Secretary of Homeland Security to waive laws without Judical review. That strikes me as *way* worst then a huge database filled with non-verified DMV data.

From thomas.loc.gov
SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVEMENT OF BARRIERS AT BORDERS.

Section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended to read as follows:

`(c) Waiver-

`(1) IN GENERAL- Notwithstanding any other provision of law, the Secretary of Homeland Security 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.

`(2) NO JUDICIAL REVIEW- Notwithstanding any other provision of law (statutory or nonstatutory), no court shall have jurisdiction--

`(A) to hear any cause or claim arising from any action undertaken, or any decision made, by the Secretary of Homeland Security pursuant to paragraph (1); or

`(B) to order compensatory, declaratory, injunctive, equitable, or any other relief for damage alleged to arise from any such action or decision.'.
### end quote ###

Gee, sounds like he can suspend pretty much anything without review. He just has to "say" it is related to building a barrier or road.

Example: Labor laws governing the production of materials for the barriers or roads? Nah, they'll just get in the way, we're going to "suspend" those.

OR

What Endangered Species Act? Never heard of it, keep laying down the asphalt.