Protect Native American Rights Against Border Fence
The REAL ID Act of 2005 includes amendments to Title 8 of the United States Code Section 1103. The first of these amendments is subsection (a) which states that the Attorney General shall install additional physical barriers and roads along the United States border to deter illegal crossings. Also, subsection (c) was added which states that the Attorney General may provide waivers of laws that interfere in the "expeditious construction of the barriers and roads under this section."
The laws that may interfere with the construction of any physical barriers and roads along the U.S. border exist in order to protect not only our national assets, but the rights of citizens and individuals which we as a society have deemed valuable and worthy of protection.
Currently, the construction of the border fence along the U.S.-Mexico border will divide three Native American nations: the Tohono O'odham, Cocopah and Kickapoo. This division negatively affects their communities, livelihood, culture and religion. Before the amendments included in the REAL ID Act, these three nations were protected by already existing acts protecting their rights which the Attorney General may now waive in constructing the border fence. Under the American Indian Religious Freedom Act (AIRFA), the Attorney General would have to consider the possible impact the fence may have on their religious practices. Also, in order to guarantee the "expeditious" construction of the border fence the Attorney General may waive the Native American Grave Protection Act (NAGPRA) which would require that the Attorney General carefully repatriate remains to their respective peoples.
In addition to aversely affecting Native American religious rights, the border fence also poses a threat to the wildlife and overall environmental protection of the lands of the these nations which directly affects their livelihood and quality of living in a negative way. The protection of wildlife along the border would originally be protected by the Endangered Species Act (ESA), and environmental protection is also guaranteed by the National Environmental Policy Act (NEPA), but these can now be waived by the Attorney General.
We are asking that you please work to repeal the amendments to Title 8 U.S.C. § 1103 subsection (a) and (c) so that the Attorney General be obliged to respect any laws that may rightfully impede the construction of the border fence, such as the AIRFA, NAGPRA, ESA, NEPA, among others.
We the undersigned are asking that you please work to repeal the amendments to Title 8 U.S.C. § 1103 subsection (a) and (c) so that the Attorney General be obliged to respect any laws that may rightfully impede the construction of the border fence, such as the AIRFA, NAGPRA, ESA, NEPA, among others.
The REAL ID Act of 2005 includes amendments to Title 8 of the United States Code Section 1103. The first of these amendments is subsection (a) which states that the Attorney General shall install additional physical barriers and roads along the United States border to deter illegal crossings. Also, subsection (c) was added which states that the Attorney General may provide waivers of laws that interfere in the "expeditious construction of the barriers and roads under this section."
The laws that may interfere with the construction of any physical barriers and roads along the U.S. border exist in order to protect not only our national assets, but the rights of citizens and individuals which we as a society have deemed valuable and worthy of protection.
Currently, the construction of the border fence along the U.S.-Mexico border will divide three Native American nations: the Tohono O'odham, Cocopah and Kickapoo. This division negatively affects their communities, livelihood, culture and religion. Before the amendments included in the REAL ID Act, these three nations were protected by already existing acts protecting their rights which the Attorney General may now waive in constructing the border fence. Under the American Indian Religious Freedom Act (AIRFA), the Attorney General would have to consider the possible impact the fence may have on their religious practices. Also, in order to guarantee the "expeditious" construction of the border fence the Attorney General may waive the Native American Grave Protection Act (NAGPRA) which would require that the Attorney General carefully repatriate remains to their respective peoples.
In addition to aversely affecting Native American religious rights, the border fence also poses a threat to the wildlife and overall environmental protection of the lands of the these nations which directly affects their livelihood and quality of living in a negative way. The protection of wildlife along the border would originally be protected by the Endangered Species Act (ESA), and environmental protection is also guaranteed by the National Environmental Policy Act (NEPA), but these can now be waived by the Attorney General.
Please reverse this affront to civil rights and injustice to Native Americans. Thank you for your taking the time to read and consider our request.
Petition unterzeichnenPetition unterzeichnen