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Original Date Announced
April 8, 2025DHS 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]
2025.04.08 DHS - Determination Pursuant to Section 102 of the IIRIRAEffective Date
April 8, 2025Subsequent Trump and Court Action
April 8, 20252025.04.08 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).
View DocumentSubsequent Trump and Court Action
October 15, 20252025.10.15 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.
View DocumentCurrent Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Border EnforcementAgencies Affected: DHSAssociated or Derivative Policies
- May 15, 2019 DHS waives laws, regulations to enable California and Arizona border wall construction
- January 20, 2025 EO 14165: "Securing Our Borders"
- January 20, 2025 EO 14165 § 3 directs DOD and DHS to construct physical barriers to ensure "operational control" of the southern border
- June 3, 2025 DHS waives statutory requirements to expedite border wall projects in Yuma Sector, Arizona
Documents
Trump-Era Policy Documents
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