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The Administrative Procedure Act is Waived for Border Wall

During the first half of the 20th century, President Franklin Roosevelt allocated 3.3 billion dollars to create a series of agencies (the Federal Housing Administration, the Securities and Exchange Commission and the Social Security Administration are just a few examples) that would help Americans recover from the Great Depression. Because these agencies had great power over the lives of ordinary citizens, Congress decided that citizens needed protection from federal agencies that might go rogue. The Administrative Procedure Act (APA) of 1946 is like a bill of rights for the hundreds of thousands of Americans who rely on the services of federal government agencies.

Why is the APA so important? Because it requires agencies to explain to the public how their organizations work. It tells agencies how they have to go about issuing their rules. It provides mechanisms for citizens to enforce laws and regulations if agencies fail to comply with them. The APA is the bedrock law that sets forth how federal agencies must work with the citizens they serve.

So how does waiving the APA affect the Sonoran Desert? A wall along the length of our southern border is one of the largest public works projects ever contemplated in the U.S. Waiving the APA frees the Department of Homeland Security (DHS) from having to inform citizens about how it intends to build this wall, leaving many border residents with unanswered questions and concerns. Waiving the APA allows the fox to guard the henhouse, in that citizens no longer have the right to go to court to demand the enforcement of laws enacted to protect public lands, workers, wildlife, and communities. Click here for a list of all 48 federal laws that have been waived for construction of a border wall.

Please contact your U.S. Senators and Representatives ( and let them know that you oppose waiving The Administrative Procedures Act to expedite construction of a border wall. Click here if you would like to make a donation to help us fight the border wall.

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