US Agency Waives 26 Laws to Allow Border Wall Construction
The Biden administration has shifted its stance, waiving federal laws to fast-track construction of the U.S.–Mexico border wall in Starr County, Texas.
The Biden administration, in an about-face to its previous stance, declared on Oct. 5 that there's an "immediate need" to expedite the construction of the U.S.–Mexico border wall in Starr County, Texas, in response to the rapidly growing influx of illegal immigrants.
Department of Homeland Security (DHS) Secretary Alejandro Mayorkas said he waived dozens of federal regulations—26 in total—in order to fast-track the construction of roads and barriers along the southern border in Texas.
The new barriers will be built within the Border Patrol's Rio Grande Valley Sector, an area designated as a "high illegal entry" zone. The construction will occur in the vicinity of the Falcon Dam, the Arroyo Morteros Tract, the Las Ruinas Tract, the Arroyo Ramirez Tract, intersections of major roads such as Perez Road and U.S. Highway 83, and various tracts within the Lower Rio Grande Valley National Wildlife Refuge.
Mr. Mayorkas issued the waiver and determination on Oct. 4, citing U.S. Border Patrol figures that show that more than 245,000 migrants have illegally crossed the border at Starr County since early August.
"There is presently an acute and immediate need to construct physical barriers and roads in the vicinity of the border of the United States," Mr. Mayorkas said. "Therefore, I must use my authority under section 102 of IIRIRA to install additional physical barriers and roads in the Rio Grande Valley Sector.
"Therefore, DHS will take immediate action to construct barriers and roads."
DHS intends to fund the construction project using appropriations allocated by Congress during the Trump administration in 2019 for the purpose of building the border wall in the Rio Grande Valley.
In order to build the walls and roads to deter illegal immigration, Mr. Mayorkas determined that it necessary, under Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), to “waive certain laws, regulations, and other legal requirements.”
The waived statutes include several environmental and conservation laws, such as the National Environmental Policy Act, the Endangered Species Act, and the Migratory Bird Treaty Act, among others. While the waiver grants exceptions to a wide range of statutes, DHS noted that it doesn't revoke or supersede any previously granted waivers issued pursuant to Section 102(c) of IIRIRA.
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