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DHS waives laws, regulations to enable California and Arizona border wall construction

  1. Date Announced

    May 15, 2019

    Acting Secretaries of DHS Kevin McAleenan and Chad Wolf waive certain laws, regulations, and other legal requirements (such as the National Environmental Policy Act, the Endangered Species Act, the Clean Water Act, the Clean Air Act, among many others) to expedite construction of barriers and roads in the vicinity of the land border near Tecate, Calexico, and Imperial County in California, and Cochise County and Pima County in Arizona. These determinations were made pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. [ID #400]

    View Policy Document
  2. Effective Date of Change

    May 15, 2019
  3. Subsequent Action

    January 4, 2021

    Acting Secretary of DHS Chad Wolf waives certain laws, regulations, and other legal requirements (such as the National Environmental Policy Act, the Endangered Species Act, the Clean Water Act, the Clean Air Act, among many others) to expedite construction of barriers and roads in the vicinity of the land border in Imperial County, California, in CBP's El Centro Sector . This determination was made pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

    Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended
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.

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

Subsequent Action

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