Example of pedestrian fencing, Arizona

Prior to the passage of the REAL ID Act, DHS was required to comply with state and federal laws and regulations for construction projects. The National Environmental [Pg.1713]

Protection Act (NEPA), for example, requires impact assessments and community involvement, as well as changes to initial plans in response to challenges to proposed projects (Pub. L. 101-619). With expanded waiver authority, however, DHS Secretary Chertoff was able to override court orders, lawsuits, and impact reports, since the REAL ID Act allows only constitutional challenges to DHS plans. That is, DHS border projects are exempt from oversight, except in cases where citizens constitutional rights are directly threatened. The Supreme Court is then the only court who can hear challenges to different projects, and to date, the Court has chosen not to hear any challenges. This means that there are no built-in accountability mechanisms, which leaves discretion over these projects solely in the hands of the DHS Secretary. [Pg.1714]

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