DHS Waives Laws Galore to Rush Texas Border Walls and Roads
Published Date: 7/27/2026
Notice
Summary
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 the state of Texas.
Analyzed Economic Effects
3 provisions identified: 0 benefits, 0 costs, 3 mixed.
Major Waiver of Environmental Laws
On July 27, 2026, the Secretary of Homeland Security waived, for a defined project area in Texas (from approximately GPS 29.728522, -102.683945 east to 29.449892, -101.058017), the application of many federal statutes for construction of physical barriers and roads. Waived laws include, among others, 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, for work in that project area to ensure expeditious construction.
Defined Texas Project Area for Construction
DHS identified a specific project area in Texas spanning approximately from GPS point 29.728522, -102.683945 east to 29.449892, -101.058017 in the Border Patrol Big Bend and Del Rio Sectors where additional barriers and roads will be constructed immediately under the section 102 waiver.
Authority to Issue Further Waivers
The Secretary expressly reserved the authority to execute further waivers under section 102(c) of IIRIRA from time to time as determined necessary; prior waivers made under section 102(c) remain in effect according to their terms.
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