WASHINGTON – Today, The Department of Homeland Security (DHS) announced that it has issued a waiver to ensure the expeditious construction of barriers and roads in the vicinity of the international border in the state of New Mexico, near the Santa Teresa, New Mexico port of entry. The waiver was published in the Federal Register today.
This waiver is pursuant to authority granted to the Secretary of Homeland Security by Congress and covers a variety of environmental, natural resource, and land management laws. Congress provided the Secretary of Homeland Security with a number of authorities necessary to carry out DHS’s border security mission. One of these authorities is found at section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended (“IIRIRA”). Section 102(a) of IIRIRA provides that the Secretary of Homeland Security shall take such actions as may be necessary to install additional physical barriers and roads in the vicinity of the United States border to deter illegal crossings in areas of high illegal entry into the United States. In section 102(b) of IIRIRA, Congress has called for the installation of additional fencing, barriers, roads, lighting, cameras, and sensors on the southwest border. Finally, in section 102(c) of IIRIRA, Congress granted to the Secretary of Homeland Security the authority to waive all legal requirements that the Secretary, in Secretary’s sole discretion, determines necessary to ensure the expeditious construction of the barriers and roads authorized by section 102 of IIRIRA.
The Department exercised the waiver authority in Section 102 (c) of IIRIRA on five occasions from 2005 to 2008 and on two occasions in 2017.
The geographic scope of this waiver covers an approximately 20 mile segment of the border starting at the Santa Teresa port of entry and extending westward. This is within the Border Patrol’s El Paso Sector. The El Paso Sector remains an area of high illegal entry. In fiscal year 2016 alone, the United States Border Patrol apprehended over 25,000 illegal aliens and seized approximately 67,000 pounds of marijuana and approximately 157 pounds of cocaine in the El Paso Sector. To begin to meet the need for additional border infrastructure in this area, DHS will replace legacy vehicle barrier that no longer meets the Border Patrol’s operation needs with new bollard wall.
While the waiver eliminates DHS’ obligation to comply with various laws with respect to covered projects, DHS remains committed to environmental stewardship. DHS has been coordinating and consulting, and intends to continue doing so, with other federal and state resource agencies to ensure that impacts to the environment, wildlife, and cultural and historic artifacts are analyzed and minimized, to the extent possible.
DHS continues to implement President Trump’s Executive Order 13767 – also known as Border Security and Immigration Enforcement Improvements – and continues to take steps to immediately plan, design and construct a physical wall along the southern border, using appropriate materials and technology to most effectively achieve complete operational control of the southern border.