The Department of Homeland Security (DHS) announced today that it is waiving dozens of federal laws, including major environmental and historic preservation statutes, to fast-track the construction of additional border barriers and roads in a high-traffic segment of the U.S.-Mexico border in New Mexico.
Homeland Security Secretary Kristi Noem issued a “Notice of determination,” effective today, asserting that the immediate action is necessary to achieve and maintain “operational control” of the border, citing a mandate from Congress and the President.
The decision specifically targets a section of the border within the U.S. Border Patrol’s El Paso Sector, described as extending from approximately Border Monument 49 north and then east to Border Monument 1 in New Mexico.
Secretary Noem’s determination highlights the area’s designation as one of “high illegal entry,” backed by statistics showing over 1.2 million illegal alien apprehensions and the seizure of thousands of pounds of illicit drugs, including cocaine, methamphetamine, and fentanyl, in the El Paso Sector between fiscal year 2021 and July 2025.
“As the statistics cited above demonstrate, the El Paso Sector is an area of high illegal entry… I must use my authority under section 102 of IIRIRA to install additional barriers and roads in the El Paso Sector,” the determination stated.
The waiver authority stems from Section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996, which grants the DHS Secretary the sole discretion to waive legal requirements deemed necessary for the “expeditious construction of barriers and roads.”
The waiver suspends all federal, state, or other legal requirements related to the construction, including site preparation, earthwork, installation of barriers, roads, lighting, cameras, and sensors. The waived laws are comprehensive, impacting various spheres:
Statutes like the National Environmental Policy Act (NEPA), the Endangered Species Act, the Clean Water Act, and the Clean Air Act are among those set aside. Laws such as the National Historic Preservation Act, the Archeological Resources Protection Act, and the Native American Graves Protection and Repatriation Act are also waived. Acts concerning migratory birds, federal land policy, and wild horses/burros are suspended.
By waiving these laws “in their entirety,” the Secretary aims to remove potential bureaucratic and legal obstacles that could delay the project, underscoring the department’s focus on national security and achieving operational control—defined by Congress as the prevention of all unlawful entries.
This is not the first time a DHS Secretary has invoked the IIRIRA waiver authority to expedite border construction, and the notice affirms that existing waivers remain in effect. The Secretary also reserves the right to issue further waivers as deemed necessary.
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Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
