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DHS waives statutory requirements, including environmental laws, in order to expedite border wall projects in 11 counties in California, Arizona, New Mexico, and Texas

  1. Original Date Announced

    February 20, 2020

    DHS issues a notice of determination, signed by Acting Secretary Wolf, under section 102 of IIRIRA to waive certain laws to expedite border wall construction in California, Arizona, New Mexico, and Texas.

    [ID #828]

    2020.02.20 DHS Notice of Determination
  2. Effective Date

    February 20, 2020
  3. Subsequent Trump and Court Action

    March 16, 2020

    March 16 DHS Subsequent Notice of Determination to Waive Border Laws

    On March 16, 2020, DHS issues another Notice of Determination to waive border laws. While DHS listed 10 counties on its February 20, 2020 Notice of Determination, DHS only listed Val Verde County, Texas, and Maverick County, Texas in its March 16, 2020 Notice of Determination.

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  4. Subsequent Trump and Court Action

    June 29, 2020

    SCOTUSBlog - Center for Biological Diversity v. Wolf Petition

    The Supreme Court denied certiorari in a case challenging the DHS Secretary's waiver authority under section 102 of IIRIRA.

    **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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  5. Biden Administration Action: Revoked/Replaced

    July 17, 2023

    2023.07.17 Border Wall Settlement with Signature Pages

    As part of today’s settlement, the Biden Administration agrees to cease construction of border barriers with the challenged funds and take several important measures to remediate the environmental harm caused by the construction, including providing funding for the protection of thousands of acres of crucial sensitive habitat in California.

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Current Status

Fully in Effect

Most Recent Action

July 17, 2023 Action: Revoked/Replaced 2023.07.17 Border Wall Settlement with Signature Pages
July 17, 2023
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Agency Directive
Subject Matter: Border
Agencies Affected: DHS

Commentary

  • New York Times: A Rush to Expand the Border Wall That Many Fear Is Here to Stay

    Go to article

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