The Department of Homeland Security (DHS) has issued a notice stating that the Secretary of Homeland Security has determined it is necessary to waive certain laws and regulations to expedite the construction of barriers and roads along the international land border in California. This determination takes effect on April 8, 2025.
The notice emphasizes that the DHS mission includes border security and preventing illegal entry into the United States, which is deemed critical to national security. It cites Congress’s mandate for DHS to achieve and maintain “operational control” of the border, defined as preventing all unlawful entries.
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The President’s Executive Order on Securing Our Borders directs the Secretary of Homeland Security to take all appropriate action to construct physical barriers to achieve this control.
The legal authority for the waiver stems from section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), as amended. This section grants the Secretary of Homeland Security the authority to waive all legal requirements deemed necessary to ensure the expeditious construction of barriers and roads in areas of high illegal entry.
Area of High Illegal Entry: The notice identifies the U.S. Border Patrol San Diego Sector as an area of high illegal entry, citing statistics on apprehensions of illegal aliens and seizures of drugs in the sector during fiscal year 2024.
Determination to Waive Laws: The Secretary of Homeland Security has determined that it is necessary to use the waiver authority under section 102(c) of IIRIRA to construct additional barriers and roads in specific segments of the San Diego Sector.
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Specific Project Area: The notice provides precise descriptions of the areas where construction will occur, defined by their location relative to border monuments.
Laws Waived: To facilitate expeditious construction, the notice explicitly waives a comprehensive list of federal laws, regulations, and other legal requirements, including but not limited to:
- The National Environmental Policy Act
- The Endangered Species Act
- The Clean Water Act
- The National Historic Preservation Act
- The Clean Air Act
- And numerous other environmental, cultural, and administrative laws.
Effect of Waiver: The waiver applies specifically to the construction of physical barriers and roads within the designated project area, including activities like accessing the area, creating staging areas, earthwork, and installation of barriers.
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Other Waivers: The notice clarifies that this waiver does not revoke or supersede any other existing waiver determinations made under IIRIRA, and the authority to issue further waivers is reserved.
This action signals a significant move to expedite border wall construction by setting aside a wide range of legal requirements.
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