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DHS waives certain legal regulations to expedite border wall construction in Texas

  1. Original Date Announced

    July 1, 2019

    DHS 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, Texas
  2. Effective Date

    July 1, 2019
  4. Biden Administration Action: Modified

    July 17, 2023

    2023.07.17 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.

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  5. Biden Administration Action: Approved/Retained

    October 5, 2023

    2023.10.05 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.

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Current Status

Fully in Effect

Most Recent Action

October 5, 2023 Action: Approved/Retained 2023.10.05 Federal Register Notice
July 17, 2023
Acted on by Biden Administration
October 5, 2023
Acted on by Biden Administration

Original Trump Policy Status

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

Associated or Derivative Policies

Pre Trump-Era Policies

  • 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.

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