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2.0

DHS waives statutory requirements to expedite border-wall projects in Tucson Sector, Arizona

  1. Original Date Announced

    June 5, 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 Tucson Sector.” The notice found that certain areas within the CBP Tucson Sector are “of high illegal entry” and waived the application of more than 30 federal laws with respect to the construction of physical barriers and roads.

    Trump 2.0 [ID #1793]

    2025.06.05 DHS - Determination re Tucson Pursuant to Section 102 of IIRARA
  2. Effective Date

    June 5, 2025
  3. Subsequent Trump and Court Action

    July 9, 2025

    2025.07.08 Complaint - Center for Biological Diversity v. Noem

    Conservation groups and individual plaintiffs sued the Trump administration for waiving dozens of environmental laws, including the Endangered Species Act and the National Environmental Policy Act, to speed border-wall construction through the San Rafael Valley in Arizona’s Sky Island region, a biodiversity hotspot. The lawsuit says the authority to waive such laws under the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) is an unconstitutional delegation of power to DHS and violates the Presentment Clause of the Constitution by permitting the Secretary of Homeland Security to effectively void laws without congressional action. Center for Biological Diversity v. Noem, 4:25-cv-00365, (D. Ariz.).

    **Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

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Current Status

None

Original Trump Policy Status

Trump Administration Action: Agency Directive
Subject Matter: Border
Agencies Affected: DHS

Commentary

  • 2025.07.07 Destruction of a Jaguar Corroidor - Center for Biological Diversity

    The Center for Biological Diversity issued a report documenting how DHS's proposed border-wall segment in the San Rafael Valley will "block species movement, destory protected habitats, and inflict irreversible damage on critical ecological linkages."

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