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DHS waives 31 environmental and historic preservation regulations to expedite border wall construction in Texas's Rio Grande Valley Sector

  1. Date Announced

    Oct. 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]

    View Policy Document View Policy Document
  2. Effective Date of Change

    Oct. 1, 2019
Status: Final/Actual
Type of Action: Agency Directive
Subject Matter: Border
Agencies Affected: CBP

Prior 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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