REP. ANDREWS VOTES AGAINST IDENTIFICATION ACT: BILL WOULD IMPROVE ID SECURITY, BUT TRAMPLES ON RIGHTS OF REFUGEES AND IMMIGRANTS

On February 10, 2005, I voted against Bill H.R. 418, the REAL ID Act of 2005.  The Bill makes an important improvement in national security by requiring states to use technologies making identity theft much more difficult to accomplish.  I support these changes.  There were, however, unnecessary and harmful provisions affecting people fleeing political persecution and torture. The legislation also unwisely repealed many environmental laws that affect the border area.

This bill would make it more difficult to establish political asylum in the United States. It places the burden on asylum seekers to prove that they were (or would be) persecuted in their home country because of race, religion, nationality, membership in a particular social group, or political opinion. Under this standard, it is likely that Christians attempting to escape Soviet persecution, Cubans attempting to escape persecution by Castro, Chinese attempting to escape persecution in China, Africa and attempting to escape torture and genocide, and many others, would have been denied access to our nation.  We should take no more than our fair share of such people--but we should take our fair share.

This bill also includes a controversial provision that would allow the Secretary of Homeland Security to waive any laws necessary to ensure "expeditious" construction of a border fence on the United State-Mexican border near San Diego. This provision does not allow any judicial review of decisions made by the Secretary under this section. Construction of such a fence could normally require permits from relevant environmental, state, local and Native American entities. We should not use a bill intended to strengthen the security of IDs to provide the Secretary of Homeland Security with special powers to override the concerns of other stakeholders who would be affected by such a fence.  Many people who live in that area were against these provisions.

While I supported the provisions contained in the final version of the National Intelligence Reform Act which established new standards to ensure the integrity of such documents as state issued driver's licenses and social security cards, I could not support H.R. 418.  I do not believe you expand freedom and the rule of law by restricting freedom and ignoring the rule of law. 

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