DHS Ignores Laws to Hastily Build Arizona Border Barriers Now
Published Date: 11/19/2025
Notice
Summary
The Department of Homeland Security is speeding up building fences and roads along the Arizona border by temporarily skipping some usual rules and laws. This change starts November 19, 2025, and helps stop illegal crossings and keep the country safe. It affects border security workers and nearby communities, aiming for faster construction without extra costs mentioned yet.
Analyzed Economic Effects
4 provisions identified: 1 benefits, 1 costs, 2 mixed.
Waiver Allows Fast Border Construction
If you live or work in parts of the Tucson Border Patrol sector in Arizona, the Secretary waived usual legal requirements so DHS can start building barriers and roads quickly. This determination takes effect on November 19, 2025, and covers construction in the project area from Border Monument 195 east to Border Monument 163 and from about 1.15 miles west of Border Monument 141 east to Border Monument 70.
Major Environmental and Historic Law Waivers
The Secretary waived many federal environmental, cultural, and procedural laws for construction in the project area, including the National Environmental Policy Act, the Endangered Species Act, the Clean Water Act, the National Historic Preservation Act, the Migratory Bird Treaty Act, and the Clean Air Act, among others. The waiver explicitly covers activities like accessing project areas, staging areas, earthwork, excavation, installation and upkeep of barriers, roads, drainage, erosion controls, lighting, cameras, and sensors.
Construction Justified by High Apprehensions and Seizures
The notice says DHS apprehended over 1,318,640 migrants and seized large quantities of drugs in the Tucson Sector from fiscal year 2021 through June 2025 (including over 16,600 pounds of marijuana, over 8,224 pounds of methamphetamine, and over 3,079 pounds of fentanyl). DHS cites these figures as the reason for immediate construction to deter unlawful entries in the named project area.
Secretary May Issue Further Waivers
The Secretary reserves the authority to issue additional waivers under section 102(c) of IIRIRA from time to time as deemed necessary. This notice does not revoke earlier waivers made under section 102(c); those remain in effect under their terms.
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Key Dates
Department and Agencies
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