Despite claiming to still oppose the construction of barriers on the southern border, Secretary of Homeland Security Alejandro Mayorkas has announced that he will be waiving certain laws to begin building at key locations.
In a memo dated for publication on October 5, Mayorkas outlined that barriers would be constructed at a number of critical locations in the Rio Grande Valley and that several environmental laws would be waived to hasten the construction efforts.
“The Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations, and other legal requirements in order to ensure the expeditious construction of barriers and roads in the vicinity of the international land border in Starr County, Texas,” the Department of Homeland Security notice read.
Pointing to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Mayorkas added, “Congress provided that the Secretary of Homeland Security shall take such actions as may be necessary to install additional physical barriers and roads (including the removal of obstacles to detection of illegal entrants) in the vicinity of the United States border to deter illegal crossings in areas of ‘high illegal entry.’”
The memo goes on to note that the type of border wall contemplated by the law includes “the installation of additional fencing, barriers, roads, lighting, cameras, and sensors.”
The law additionally empowers the DHS secretary to “waive all legal requirements that I, in my sole discretion, determine necessary to ensure the expeditious construction of barriers and roads.”
“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,” Mayorkas continued.
To do so, he will waive certain provisions in the National Environmental Policy Act, the Endangered Species Act, the Federal Water Pollution Control Act, the National Historic Preservation Act, the Migratory Bird Treaty Act, the Migratory Bird Conservation Act, the Clean Air Act, the Archeological Resources Protection Act, the Solid Waste Disposal Act, the Safe Drinking Water Act, and many others.
The decision to resume building border walls comes in stark contrast to President Joe Biden and much of the Democrat Party Leadership’s firmly stated stance against them.
In 2020, Biden promised, “There will not be another foot of wall constructed in my administration.”
However, when asked about Mayorkas’ determination to begin construction by waiving dozens of environmental laws, Biden claimed that he was unable to stop it from happening.
“The money was appropriated for the border wall. I tried to get them to re-appropriate, to redirect that money. They didn’t. They wouldn’t, and in the meantime, there’s nothing under the law other than they have to use the money for what it was appropriated,” he said. “I can’t stop that.”
Mayorkas said something similar in later remarks claiming that his initial announcement was being misinterpreted. After declaring the border wall construction would resume, the DHS secretary released a statement asserting that the Biden administration’s policy toward border walls had not changed.
“There is no new Administration policy with respect to border walls,” he said. “From day one, this Administration has made clear that a border wall is not the answer. That remains our position and our position has never wavered. The language in the Federal Register notice is being taken out of context and it does not signify any change in policy whatsoever.
“The construction project reported today was appropriated during the prior administration in 2019 and the law requires the government to use these funds for this purpose, which we announced earlier this year. We have repeatedly asked Congress to rescind this money but it has not done so and we are compelled to follow the law.
“This Administration believes that effective border security requires a smarter and more comprehensive approach, including state-of the-art border surveillance technology and modernized ports of entry. We need Congress to give us the funds to implement these proven tools,” he concluded.
The situation at the border has continued to escalate as historic numbers of unlawful migrants have entered Texas and spread throughout the country. Gov. Greg Abbott has strongly condemned the Biden administration for its failure to stem the tide and for actively working against Texas’ efforts to deter unlawful entry.
Recently, Abbott ordered Texas state troopers to begin military operations on a Rio Grande island that has been a longtime hub for armed incursion into Texas by Mexican cartels, as reported by The Dallas Express.
