The Biden administration is waiving 26 federal laws to fast-track border wall construction in south Texas in a move that goes against the president's campaign promise that there would "not be another foot of wall" built under his watch.
In a notice posted to the Federal Register Wednesday, Department of Homeland Security Secretary Alejandro Mayorkas said there is an "acute and immediate need" to waive dozens of federal laws in order to build a border wall in Starr County, Texas where illegal migration has surged.
Mayorkas justified the move due to "high illegal entry." The laws involve environmental, public health and cultural protections, including: the Clean Water Act, Endangered Species Act, Safe Drinking Water Act, Clean Air Act, Migratory Bird Conservation Act, National Historic Preservation Act, Native American Graves Protection and Repatriation Act, and Solid Waste Disposal Act.
"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," Mayorkas wrote.
Mayorkas said more than 245,000 migrant encounters have been recorded in the Rio Grande Valley Sector this year alone.
"Therefore, I must use my authority under section 102 of IIRIRA to install additional physical barriers and roads in the Rio Grande Valley Sector," he said.
Mayorkas identified dozens of miles of border where he plans to build barriers and roads and where he indicated that those environmental laws would be a hindrance.
The laws will be waived in their entirety, with respect to the construction of roads and physical barriers, including accessing the project areas, conducting earthwork, excavation, fill, and site preparation, and installation and upkeep of physical barriers, roads, supporting elements, drainage, erosion controls, safety features, lighting, cameras and sensors.
The construction will be funded by a congressional appropriation passed in 2019 to build a border barrier in the Rio Grande Valley.
During the Trump administration, about 450 miles of barriers were built along the southwest border between 2017 and January 2021, according to the Associated Press.