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Original Date Announced
August 26, 2025DHS Secretary Noem issued a notice of determination under Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) waiving 31 environmental and public health laws "with respect to the construction of physical barriers and roads" to expedite border wall construction in the Rio Grande Valley Sector. The area at issue includes parts of the Lower Rio Grande Valley National Wildlife Refuge. The waivers permit construction across 13 wildlife refuges, implicating critical habitats, migration corridors, and surrounding communities.
Trump 2.0 [ID #1942]
2025.08.26 DHS - Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as AmendedEffective Date
August 26, 2025Subsequent Trump and Court Action
October 15, 20252025.10.15 DHS - Determination re Rio Grande Valley Pursuant to Section 102 of IIRIRA
DHS Secretary Noem issued a notice of determination stating that she is 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 Rio Grande Valley Sector. The laws include the Administrative Procedure Act and various federal procurement and contracting laws. The determination is not focused on the "high illegal entry" area identified in the original policy entry but instead applies to the entire Rio Grande Valley Sector.
View DocumentSubsequent Trump and Court Action
December 9, 20252025.12.9 DHS Notice of Determination of Waiver for Rio Grande Sector
DHS Secretary Noem issued a notice of determination that it is necessary to waive certain legal requirements to construct barriers and roads in the U.S. Border Patrol Rio Grande Sector of Texas. The determination appears to pertain to a different geographic area (defined by particular GPS coordinates) from those covered in the August 2025 determination. The determination takes effect December 9, 2025.
View DocumentCurrent Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: BorderAgencies Affected: DHSAssociated or Derivative Policies
- June 3, 2025 DHS waives statutory requirements to expedite border-wall projects in El Paso Sector
- June 5, 2025 DHS waives statutory requirements to expedite border-wall projects in Tucson Sector, Arizona
- July 2, 2025 DHS waives statutory requirements to expedite border-wall and river projects in Rio Grande Valley Sector, Texas
Documents
Trump-Era Policy Documents
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