Original Date Announced

DHS Secretary Noem issued a notice of determination waiving the application of more than 25 federal laws—as well as "all federal, state, or other laws, regulations, and legal requirements of, deriving from, or related to the subject" of these statutes—with respect to the "construction of physical barriers and roads" to enable border wall construction in San Diego, California. Among the statutes identified are the Administrative Procedure Act, Clean Air Act, Clean Water Act, and Federal Land Policy and Management Act.

Trump 2.0 [ID #1684]

Subsequent Trump and Court Action

2025.04.08 CBP - DHS issues waiver to expedite new border wall construction in California

Customs and Border Protection (CBP) announced that the waiver published on April 8, 2025, allows immediate construction of approximately 2.5 miles of new barrier in California. The waiver covers projects funded through CBP’s fiscal year 2020 and 2021 appropriations, including the SDC Jacumba Gap Wall Project (~2 miles), SDC Smugglers Gulch Wall Project (~350 feet), and SDC 4 Wall Project (~600 feet and ~1,500 feet).

Subsequent Trump and Court Action

2025.10.15 DHS - Determination re San Diego Pursuant to Section 102 of the IIRIRA

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

Subsequent Trump and Court Action

2026.01.05 Complaint - City of San Diego v. DHS

The City of San Diego sued the federal government to challenge its installation of a razor-wire fence near the U.S.-Mexico border on land owned by the City. The action claims that the federal government unlawfully trespassed; the construction constitutes a public nuisance; and federal agencies are acting in violation of the Administrative Procedure Act (APA). San Diego alleges that the federal government did not seek permission from the City before it began to install the fence, and that the City only discovered that federal personnel were trespassing on City land in December 2025. The complaint further alleges that the construction has caused irreparable damage to protected, critical environmental-habitats and that the project is interfering with the City's "obligations under the Multiple Species Conservation Program." San Diego seeks injunctive relief to stop the construction, which it claims will be complete by the week of January 11, 2026. City of San Diego v. DHS, No. 3:26-cv-00052 (S.D. Cal.).

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