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Original Date Announced
July 1, 2019DHS gives notice that the Acting Secretary McAleenan has determined it necessary to waive certain legal regulations to expedite construction of barriers and roads near the land border in Starr County, Texas.
[ID #412]
DHS Notice of Determination Regarding Border in Starr County, TexasEffective Date
July 1, 2019Subsequent Trump and Court Action(s)
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August 30, 2019
DHS Notice of Determination Regarding Border in Hidalgo and Starr Counties, Texas
DHS issues notice of waiver of certain legal requirements to construct barriers and roads near the land border in Hidalgo and Starr Counties, Texas.
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October 1, 2019
DHS Issues Waiver to Expedite New Border Wall Gates Construction Project in Rio Grande Valley
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] https://www.cbp.gov/newsroom/national-media-release/dhs-issues-waiver-expedite-new-border-wall-gates-construction
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October 31, 2019
Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended
DHS issues notice of waiver of certain legal requirements to construct barriers and roads near the land border in Starr, Hidalgo, and Cameron Counties in Texas.
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April 15, 2020
DHS Notice of Determination Waiving Legal Requirements to Build Wall in Starr County TX
DHS released a notice stating that the Acting Secretary had re-determined, pursuant to IIRIRA § 102, that it was necessary to waive certain laws, regulations, and other legal requirements to "ensure the expeditious construction" of barriers and roads around the US-Mexico Border in Starr County, TX. Determination went into effect on April 15, 2020.
View Document
Biden Administration Action: Modified
July 17, 20232023.07.17 Border Wall Settlement with Signature Pages
The Biden Administration agrees in a lawsuit settlement to cease construction of border barriers with the challenged funds and take several important measures to remediate the environmental harm caused by construction, including providing funding for the protection of thousands of acres of crucial sensitive habitat in California.
View DocumentBiden Administration Action: Approved/Retained
October 5, 20232023.10.05 Federal Register Notice
This Biden administration decision reinstates the Trump-era announcement identified in this entry.
On October 5, 2023, Secretary Alejandro N. Mayorkas announced that DHS would waive 26 federal laws allowing for the expedited construction of barriers and roads along the U.S.-Mexico border in Starr County, Texas. These waived laws include the Endangered Species Act, Clean Air Act, and Safe Drinking Water Act.
View DocumentCurrent Status
Fully in EffectMost Recent Action
October 5, 2023 Action: Approved/Retained 2023.10.05 Federal Register NoticeJuly 17, 2023Acted on by Biden Administration
October 5, 2023Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: BorderAssociated or Derivative Policies
Pre Trump-Era Policies
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September 30, 1996
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’’).
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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