Abraham Jewett  |  October 12, 2023

Category: Legal News
Close up of a U.S. Border Patrol uniform, representing the border wall.
(Photo Credit: Aaron J Hill/Shutterstock)

Biden border wall overview: 

  • Who: The Department of Homeland Security is waving 26 federal laws so a border wall can be constructed on the southern border of Texas in the Rio Grande Valley Sector. 
  • Why: The agency said it determined the Rio Grande Valley Sector is an area of “high illegal entry,” and that a border wall is necessary to alleviate the issue. 
  • Where: The border wall would be constructed in the area near Starr County, Texas. 

The Biden administration is paving the way for the construction of a border wall on the Texas southern border by waving a total of 26 federal laws in the state. 

The Department of Homeland Security (DHS) posted the decision in the U.S. Federal Registry last week, stating it was necessary to ensure the “expeditious” construction of both barriers and roads near the international border in Starr County, Texas. 

The agency said it determined that the Rio Grande Valley Sector, where the border wall will be constructed, is an area of “high illegal entry,” with Border Patrol agents encountering more than 245,000 illegal entry attempts during the current fiscal year. 

“Therefore, I must use my authority under section 102 of (the Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA) to install additional physical barriers and roads in the Rio Grande Valley Sector,” said DHS Secretary Alejandro Mayorkas, in the notice. 

Section 102 of the IIRIRA gives the secretary of the DHS the authority to “take such actions as may be necessary” to install physical barriers near the US border in areas of “high illegal entry,” to deter illegal crossings, according to the notice. 

Funding for border wall will come from appropriation from fiscal year 2019, DHS says

Mayorkas said that construction for the border wall will be funded by an appropriation from fiscal year 2019 through which Congress appropriated funds for the construction of a border wall in the Rio Grande Valley. 

The secretary noted that the DHS is required to use those funds for their appropriated purpose, and that the border wall construction project is consistent with a plan to fulfill requirements made by President Joe Biden about the diversion of border wall funds from military projects. 

“There is presently an acute and immediate need to construct physical barriers and roads in the vicinity of the border of the United States in order to prevent unlawful entries into the United States in the project areas,” Mayorksa said in the notice. 

The Biden administration previously filed a time-sensitive motion in May urging the 11th Circuit to temporarily halt and combine appeals for challenged federal orders that were preventing DHS from being able to release noncitizens at overcrowded border facilities. 

What are your thoughts on the Biden administration’s decision to waive federal laws to construct a border wall in Texas? Let us know in the comments.


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One thought on Biden admin waives laws to build border wall

  1. Cleveland S. Barrett says:

    Add me

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