In an action aimed at fortifying the U.S.-Mexico border, the Department of Homeland Security (DHS) has declared its intention to fast-track the construction of barriers and roads in Starr County, Texas. This decision, grounded in the authority vested by Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, is a strategic move to mitigate unauthorized entries into the United States.
The Rio Grande Valley Sector, overseen by the United States Border Patrol, has been identified as a hotspot for illegal entries, witnessing over 245,000 individuals attempting unauthorized entry into the country in Fiscal Year 2023 alone. Consequently, DHS Secretary Alejandro N. Mayorkas has exercised his authority to augment physical barriers and roads in the area, aiming to fortify the border security apparatus.
The construction project, which is financially backed by a fiscal year 2019 appropriation, adheres to President Biden’s Proclamation (Proclamation No. 10142, 86 Fed. Reg. 7225), which mandates the utilization of allocated funds for barrier construction in alignment with their designated purpose. The construction will be strategically placed, targeting specific points along the border within Starr County.
Secretary Mayorkas, in a public statement, underscored the urgent need for the enhancement of physical barriers and roads to curtail unlawful entries. To expedite the construction of these security measures, he has waived several statutes, including the National Environmental Policy Act, the Clean Water Act, and the Clean Air Act, among others.
The waiver, invoked under Section 102(c) of IIRIRA, bypasses various legal requirements pertinent to construction activities, such as accessing project areas, conducting earthwork, excavation, and installing physical barriers, roads, lighting, cameras, and sensors. Secretary Mayorkas affirmed that the waiver is crucial for the swift implementation of security measures in the designated project areas.