Biden administration waives federal laws to resume border wall construction in South Texas
McALLEN, Texas – The Biden administration has announced that it waived 26 federal laws in South Texas to allow the resumption of border wall construction. This move marks the administration’s first use of executive power that was often employed during the Trump presidency.
The Department of Homeland Security (DHS) made the announcement, with limited details, on the U.S. Federal Registry. The construction will take place in Starr County, Texas, which is a part of a busy Border Patrol sector experiencing a high level of illegal entry. Government data reveals that approximately 245,000 illegal entries have been recorded in the Rio Grande Valley Sector this fiscal year, encompassing 21 counties.
DHS Secretary Alejandro Mayorkas stated in the notice that there is an urgent need to construct physical barriers and roads in order to prevent unlawful entries into the United States in the project areas.
To facilitate the construction, the Clean Air Act, Safe Drinking Water Act, and Endangered Species Act were among the federal laws waived by DHS. These waivers help avoid time-consuming reviews and potential environmental law violation lawsuits.
Starr County is characterized by hilly ranchlands and is home to around 65,000 residents. It covers approximately 1,200 square miles (3,108 square kilometers) as part of the Lower Rio Grande Valley National Wildlife Refuge.
Although no official maps were provided in the announcement, Customs and Border Protection (CBP) had previously announced the project in June and sought public comments in August. CBP shared a map of the additional construction, which could extend up to 20 miles (32 kilometers) from the existing border barrier system in the area. Starr County Judge Eloy Vera mentioned that the project would start south of Falcon Dam and go past Salineño, Texas.
Concerns have been raised by environmental advocates over the potential impact on public lands, habitats of endangered plants, and species such as the Ocelot, a spotted wild cat.
Laiken Jordahl, a southwest conservation advocate for the Center for Biological Diversity, criticized the plan, stating that it would destroy wildlife refuge land and impede wildlife migrations.
During the Trump administration, approximately 450 miles (724 kilometers) of barriers were constructed along the southwest border between 2017 and January 2021. Texas Governor Greg Abbott resumed these efforts after the Biden administration halted them at the start of his presidency.
Wednesday’s decision by DHS contradicts the rhetoric of the Biden administration, which had previously proclaimed that “building a massive wall that spans the entire southern border is not a serious policy solution.”
In response to the announcement, CBP asserted that the project aligns with the proclamation and stated that Congress allocated fiscal year 2019 funds for border barrier construction in the Rio Grande Valley. CBP committed to implementing sound environmental practices as part of the project covered by the waiver.
The announcement has sparked political debate within the Democratic administration, as the southern border has seen a significant increase in the number of migrants entering the U.S. in recent months. U.S. Representative Henry Cuellar expressed opposition to the resumption of wall construction, dismissing it as wasteful spending.
On the other hand, political proponents of the border wall argue that the waivers should be used as a starting point for policy changes. Dan Stein, president of the Federation for American Immigration Reform, stated that the administration should immediately begin construction of a wall across the border to prevent illegal traffic from shifting to other areas.
As the construction resumes, the debate over the effectiveness and cost of the border wall continues to divide political opinions in the United States.