In a move to bolster border security efforts, the Department of Homeland Security (DHS) announced it would expedite the construction of barriers and roads along the international land border in Starr County, Texas. The decision, made under the authority of Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aims to curb illegal entries into the United States.
The Rio Grande Valley Sector of the United States Border Patrol, an area marked by high illegal entry rates, has encountered over 245,000 individuals attempting to enter the country illegally in Fiscal Year 2023 alone. In response, DHS Secretary Alejandro N. Mayorkas has invoked his authority to install additional physical barriers and roads in the region.
The construction project, funded by a fiscal year 2019 appropriation, aligns with President Biden’s Proclamation (Proclamation No. 10142, 86 Fed. Reg. 7225) that directs the use of allocated funds for barrier construction consistent with their intended purpose. The areas identified for construction are specifically detailed, covering strategic points along the border within Starr County.
In a statement released by the DHS, Secretary Mayorkas highlighted the immediate need for physical barriers and roads to reduce unlawful entries. He has waived numerous statutes, including the National Environmental Policy Act, the Clean Water Act, and the Clean Air Act, among others, to expedite the construction of the security measures.
The waiver, exercised under Section 102(c) of IIRIRA, encompasses various legal requirements related to construction activities, including accessing project areas, earthwork, excavation, and the installation of physical barriers, roads, lighting, cameras, and sensors. Secretary Mayorkas stated that the waiver is essential to the expeditious implementation of security measures in the specified project areas.
The waiver does not affect any previous or concurrent waivers made under Section 102(c) of IIRIRA. Secretary Mayorkas retains authority to execute further waivers to improve border security.
