Another loophole inserted into the new version of the “Gang of Eight” immigration bill allows Department of Homeland Security Secretary Janet Napolitano (or any of her successors) to nix the construction of a required border security fence if she does not find it to be an “appropriate” use of resources.
The new version of the bill was introduced via a so-called “border surge” amendment from Sens. Bob Corker (R-TN) and John Hoeven (R-ND), with Senate Majority Leader Harry Reid repackaging the whole bill into the amendment.
On page 35, line 24 of the new bill, a provision was inserted that says Napolitano–who already believes the border is secure–can decide against building a fence if she chooses not to erect one:
Notwithstanding paragraph (1), nothing in this subsection shall require the Secretary to install fencing, or infrastructure that directly results from the installation of such fencing, in a particular location along the Southern border, if the Secretary determines that the use or placement of such resources is not the most appropriate means to achieve and maintain effective control over the Southern border at such location.
The “paragraph (1)” that new waiver refers to is the one that supposedly “requires” the construction of a fence along the border.
Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a strategy, to be known as the ‘Southern Border Fencing Strategy,’ to identify where 700 miles of fencing (including double-layer fencing), infrastructure, and technology, including at ports of entry, should be deployed along the Southern border,” that paragraph of the bill reads.
This could allow illegal aliens to be granted amnesty, or legalized “Registered Provisional Immigration (RPI)” status, once Secretary Napolitano submits a fencing (and border security) plan to Congress. However, this provision allows Napolitano to decide against building the fence after doing so, with no legal ramifications.
As Breitbart News has already detailed, a similar provision was inserted with regard to border security technology requirements.