Department of Homeland Security (DHS) Secretary Alejandro Mayorkas said there’s an “acute and immediate need” to waive federal laws to construct a border wall in Texas to deter illegal migration, Fox News reports.
“The Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations, and other legal requirements in order to ensure the expeditious construction of barriers and roads in the vicinity of the international land border in Starr County, Texas,” the DHS posted on the U.S. Federal Register.
The announcement continued:
Important missions of the Department of Homeland Security (“DHS”) include border security. Congress has provided to the Secretary of Homeland Security a number of authorities necessary to carry out DHS’s border security mission. One of those authorities is section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended (“IIRIRA”). Pub. L. 104-208, Div. C, 110 Stat. 3009-546, 3009-554 (Sept. 30, 1996) (8 U.S.C 1103 note), as amended by the REAL ID Act of 2005, Pub. L. 109-13, Div. B, 119 Stat. 231, 302, 306 (May 11, 2005) (8 U.S.C. 1103 note), as amended by the Secure Fence Act of 2006, Pub. L. 109-367, sec. 3, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1103 note), as amended by the Department of Homeland Security Appropriations Act, 2008, Pub. L. 110-161, Div. E, Title V, sec. 564, 121 Stat. 2090 (Dec. 26, 2007). In section 102(a) of IIRIRA, Congress provided that the Secretary of Homeland Security shall take such actions as may be necessary to install additional physical barriers and roads (including the removal of obstacles to detection of illegal entrants) in the vicinity of the United States border to deter illegal crossings in areas of “high illegal entry” into the United States. In section 102(b) of IIRIRA, Congress called on the Secretary to construct reinforced fencing on the southwest border and provide for the installation of additional fencing, barriers, roads, lighting, cameras, and sensors on the southwest border. Finally, in section 102(c) of IIRIRA, Congress granted to the Secretary of Homeland Security the authority to waive all legal requirements that I, in my sole discretion, determine necessary to ensure the expeditious construction of barriers and roads authorized by section 102 of IIRIRA.
DETERMINATION AND WAIVER:
Section 1
The United States Border Patrol’s (Border Patrol) Rio Grande Valley Sector is an area of “high illegal entry.” As of early August 2023, Border Patrol had encountered over 245,000 such entrants attempting to enter the United States between ports of entry in the Rio Grande Valley Sector in Fiscal Year 2023.
Therefore, I must use my authority under section 102 of IIRIRA to install additional physical barriers and roads in the Rio Grande Valley Sector. Therefore, DHS will take immediate action to construct barriers and roads. Construction will be funded by a fiscal year 2019 appropriation through which Congress appropriated funds for the construction border barrier in the Rio Grande Valley, and DHS is required to use those funds for their appropriated purpose. This project is consistent with DHS’s plan to fulfill the requirements of President Biden’s Proclamation (Proclamation No. 10142, 86 Fed. Reg. 7225 (Jan. 20, 2021)), which ended the diversion of funds for border wall from military projects or other sources while calling for the expenditure of any funds Congress appropriated for barrier construction consistent with their appropriated purpose. The areas in the vicinity of the border within which such construction will occur are more specifically described in Section 2 below. Such areas are not located within any of the areas identified in section 231 of title II of division A of the Fiscal Year 2019 DHS Appropriations Act. See Pub. L. 116-6, Div. A, Title II, sec. 231.
“There is presently an acute and immediate need to construct physical barriers and roads in the vicinity of the border of the United States in order to prevent unlawful entries into the United States in the project areas pursuant to sections 102(a) and 102(b) of IIRIRA. In order to ensure the expeditious construction of the barriers and roads in the project areas, I have determined that it is necessary that I exercise the authority that is vested in me by section 102(c) of IIRIRA,” the announcement read.
DHS Sec. Mayorkas declares 'acute and immediate need to construct physical barriers' to prevent illegal border crossings https://t.co/huITDeQEGG
— TheBlaze (@theblaze) October 5, 2023
Fox News reports:
The administration had put a halt to new border wall construction in early 2021, after Biden had promised as a presidential candidate that there would “not be another foot of wall constructed on my administration.” The administration said wall construction under the Trump administration was “just one example of the prior administration’s misplaced priorities and failure to manage migration in a safe, orderly and humane way.”
However, the construction is funded by the fiscal year 2019 DHS appropriations bill, which specifically funded wall projects in the RGV Sector and which DHS is required to use for its appropriated purpose.
Customs and Border Protection (CBP) announced plans for up to 20 miles of wall in the RGV Sector in June. The administration previously made moves to close gaps and replace gates and says such projects prioritize the completion of activities and projects to address life, safety and operational risks – including the safety of individuals, Border Patrol agents and migrants.
A CBP spokesperson confirmed to Fox News Digital the waiver is for barrier projects announced in June, and it will cover approximately 17 miles in Starr County. The spokesperson said the project is consistent with DHS’ plan to fulfill President Biden’s Jan. 20, 2021, proclamation that “ended the diversion of funds for border wall from military projects or other sources while calling for the expenditure of any funds Congress appropriated for barrier construction consistent with their appropriated purpose.”
Build that wall, Build that wall, Build that wall cause I’m down in the polls. pic.twitter.com/pQKx1mlVX7
— Commander Phil Labonte (@philthatremains) October 5, 2023
“The Biden administration announced it waived 26 federal laws in South Texas to allow border wall construction on Wednesday, marking the administration’s first use of a sweeping executive power employed often during the Trump presidency,” ABC News wrote.
Per ABC News:
The Clean Air Act, Safe Drinking Water Act and Endangered Species Act were some of the federal laws waived by DHS to make way for construction that will use funds from a congressional appropriation in 2019 for border wall construction. The waivers avoid time-consuming reviews and lawsuits challenging violation of environmental laws.
Starr County’s hilly ranchlands, sitting between Zapata and McAllen, Texas, is home to about 65,000 residents sparsely populating about 1,200 square miles (3,108 square kilometers) that form part of the Lower Rio Grande Valley National Wildlife Refuge.
Although no maps were provided in the announcement, CBP announced the project in June and began gathering public comments in August when it shared a map of the additional construction that can add up to 20 miles (32 kilometers) to the existing border barrier system in the area. Starr County Judge Eloy Vera said it will start south of the Falcon Dam and go past Salineño, Texas.
“The other concern that we have is that area is highly erosive. There’s a lot of arroyos,” Eloy Vera, the county judge said, pointing out the creeks cutting through the ranchland and leading into the river.
Concern is shared with environmental advocates who say structures will run through public lands, habitats of endangered plants and species like the Ocelot, a spotted wild cat.
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