Skip to main content

2.0

DHS waives statutory requirements to expedite border-wall projects in El Paso Sector

  1. Original Date Announced

    June 3, 2025

    DHS Secretary Noem issued a notice of determination stating that “DHS will take immediate action to construct additional barriers and roads in segments of the border in the El Paso Sector” of CBP, located in New Mexico. The notice found that certain areas within the Sector are “of high illegal entry” and waived the application of more than 20 federal laws "with respect to the construction of physical barriers and roads."

    Trump 2.0 [ID #1794]

    2025.06.03 DHS - Determination re El Paso Pursuant to Section 102 of IIRARA
  2. Effective Date

    June 3, 2025
  3. Subsequent Trump and Court Action

    October 15, 2025

    2025.10.15 DHS - Determination re El Paso Pursuant to Section 102 of IIRARA

    DHS Secretary Noem issued a notice of determination waiving the application of over 30 statutes and regulations for "all contracting actions necessary for the construction of physical barriers and roads" in the El Paso Sector. The laws include the Administrative Procedure Act (APA) and various federal procurement and contracting laws. The determination is not focused on the "high illegal entry" area identified in the original policy entry.

    View Document
  4. Subsequent Trump and Court Action

    November 25, 2025

    2025.11.25 DHS - Determination re El Paso Pursuant to Section 102 of IIRIRA

    DHS Secretary Noem waived certain environmental, land use, and historical-preservation laws, regulations, and requirements to speed up construction of barriers and roads in the El Paso Sector "to prevent unlawful entries into the United States in the project area pursuant to section 102(a) and 102(b) of IIRIRA [the 1996 Illegal Immigration Reform and Immigrant Responsibility Act]." The waiver includes the National Environmental Policy Act, the Endangered Species Act, the Clean Water Act, the Clean Air Act, the Native American Graves Protection and Repatriation Act, and the Historic Sites, Buildings, and Antiquities Act.

    View Document

To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com