February 15, 2005 
 
 
The Honorable James R. Langevin
Statement Before the House of Representatives
Statement on H.R. 418, the REAL ID Act

 

 

Thank you, Mr. Speaker.

Today I rise in strong opposition to H.R. 418, the REAL ID Act.  For decades, immigrants arriving at Ellis Island were greeted by the Statue of Liberty, beckoning with the words, “Give me your tired, your poor, your huddled masses yearning to be free.”  Today’s legislation would render this motto obsolete, as the United States would turn its back on those escaping genocide, rape, or persecution around the world. 

Contrary to the claims of the bill’s sponsors, this legislation does little to prevent future terrorist attacks within our borders, while eroding civil liberties.  Most troubling to me are the provisions making asylum nearly impossible for those who flee their countries to find a safe haven.  Terrorists are already prevented from receiving asylum in the United States under current law, and none of the September 11 hijackers had even applied for asylum. 

However, H.R. 418 raises the already difficult burden of proof on legitimate asylum-seekers, requiring that they provide corroborating evidence of persecution due to one’s race, religion, national original political opinion, or social group.  Can we imagine sending a refugee back to face genocide in the Sudan because he or she does not have a letter from the government explaining that religion was the reason his or her family was murdered?  This legislation presents a nearly impossible hurdle for asylum seekers. 

In addition, I am disappointed in Section 102, which allows the Secretary of Homeland Security to waive any federal, state, or local law to ensure construction of physical barriers to deter illegal border crossings.  This overly broad provision would give unprecedented power to the Secretary to undertake large construction projects without any accountability or judicial review.  Under this legislation, the Secretary could waive labor laws such as the minimum wage, public health laws like the Clean Water Act, or eminent domain laws requiring repayment for property seized, all in the name of homeland security.  While I understand the need to prevent unauthorized border crossings, this provision grants far too much power without any oversight, setting a dangerous precedent for the future.
 
H.R. 418 also contains new national driver’s license standards, which completely overhaul the bipartisan requirements unanimously recommended by the September 11th Commission and signed into law just a few months ago.  These new federal standards for issuing state drivers’ licenses could result in a flurry of privacy and civil liberties concerns.
 
Most disturbingly, the provisions in H.R. 418 go far beyond the recommendations of the bipartisan September 11th Commission, disguising an assault on our nation’s freedoms and principles with a false claim of security.  I urge my colleagues to join me in opposition to this egregious and unnecessary bill. 

Thank you, Mr. Speaker. 


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