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DHS waives statutory requirements, including environmental laws, in order to expedite border wall projects in the Rio Grande Valley's Hidalgo County and Cameron County, Texas

  1. Original Date Announced

    October 1, 2019

    Acting Secretary McAleenan waives 31 laws and regulations including NEPA, the Clean Air Act, the Clean Water Act, and the Endangered Species Act "in order to ensure the expeditious construction of barriers and roads in the vicinity of the international land border in Cameron County, Texas and Hidalgo County, Texas." [ID #433]

    Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended CBP Press Release: DHS Issues Waiver to Expedite New Border Wall Gates Construction Project in Rio Grande Valley
  2. Effective Date

    October 1, 2019
  3. Biden Administration Action: Revoked/Replaced

    July 17, 2023

    2023.07.17 Border Wall Settlement with Signature Pages

    The Biden Administration agrees to cease construction of border barriers with the challenged funds and take measures to remediate environmental harm caused by the construction, including funding for protection of thousands of acres of crucial sensitive habitat in California.

    View Document

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

Status: Final/Actual
Trump Administration Action: Agency Directive
Subject Matter: Border
Agencies Affected: CBP

Pre Trump-Era Policies

  • Under Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended (‘‘IIRIRA’’), Congress mandated the installation of additional fencing, barriers, roads, lighting, cameras, and sensors on the southwest border and Congress granted to the Secretary of Homeland Security the authority to waive all legal requirements that the Secretary determines necessary to ensure the expeditious construction of barriers and roads authorized by the Act. DHS exercised the waiver authority in Section 102 (c) of IIRIRA on five occasions from 2005 to 2008. DHS has issued a waiver of certain laws, regulations and other legal requirements to speed up construction of barriers on multiple occasions in 2017 and 2018, including for border security construction near San Diego (August 2017); Calexico (Sept. 2017); San Teresa (Jan. 2018); San Diego (August 2018); and Hidalgo County (October 2018).

    The Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended (‘‘IIRIRA’’).

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