[Congressional Record Volume 151, Number 16 (Tuesday, February 15, 2005)]
[Extensions of Remarks]
[Page E247]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          REAL ID ACT OF 2005

                                 ______
                                 

                               speech of

                         HON. JAMES R. LANGEVIN

                            of rhode island

                    in the house of representatives

                      Thursday, February 10, 2005

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 418) to 
     establish and rapidly implement regulations for State 
     driver's license and identification document security 
     standards, to prevent terrorists from abusing the asylum laws 
     of the United States, to unify terrorism-related grounds for 
     inadmissibility and removal, and to ensure expeditious 
     construction of the San Diego border fence.

  Mr. LANGEVIN. Mr. Chairman, 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.

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