Despot of Homeland Security

While I couldn't find anything to confirm this officially, I had heard rumors that Michael Chertoff was at it again, this time planning a sweeping waiver from sea to shining sea on our southern border. Now this from NarcoNews:

It has come to the attention of the Border Ambassadors network that Secretary of Homeland Security, Michael Chertoff is once again planning to exercise his dictatorial powers under the Real ID Act. Such a waiver, if filed, would encompass the Continental U.S., specifically from the Pacific Ocean to the Gulf of Mexico. That would encompass the entire US-Mexico border.

If such a waiver were filed this week and published in the Federal Registry, the waiver would immediately go into effect for already funded activities. Chertoff & Company would then be set to build the border wall any where along the US-Mexico border they choose.

Good morning!

Friends and I are disputing the significance of such a maneuver. Would Grijalva's Borderlands Conservation and Security Act become moot in light of such a blow? Would there be any chance to post hoc challenge each action as unconstitutional if the Supreme Court finds in favor of justice in the Defenders/Sierra Club case? How much wall can they build between now and next January?

Is there any way to get a restraining order against Chertoff?