DHS Waives Laws to Speed Up New Mexico Border Fences and Roads
Published Date: 10/2/2026
Notice
Summary
The Department of Homeland Security is speeding up building fences and roads along the New Mexico border to stop illegal crossings and keep the country safe. To do this fast, some usual rules and laws will be temporarily set aside starting October 2, 2026. This move helps protect the nation without delays, but it may affect local projects and budgets tied to border work.
Analyzed Economic Effects
3 provisions identified: 0 benefits, 2 costs, 1 mixed.
New Mexico border project area defined
DHS will construct barriers and roads in a defined segment of the U.S.–Mexico border in New Mexico. The project area runs from Border Monument 71 east to Border Monument 53, then north to Border Monument 40, then east to Border Monument 1, and this determination took effect on October 2, 2026.
Legal requirements waived for project construction
For construction of the barriers and roads in the project area, the Secretary waived, in their entirety, federal and state legal requirements including Public Law 82-495 (43 U.S.C. 666), the New Mexico Water Code (NMSA 1978, 72-1-1 through 72-20-103), and New Mexico Administrative Code Title 19, Chapter 27, Part 1 (19.27.1.1–19.27.1.39) and Part 4 (19.27.4.1–19.27.4.39). The waiver applies to the construction activities described in the determination and is effective October 2, 2026.
Construction activities covered by the waiver
The waiver covers a wide range of activities in the project area, including accessing project areas, creating and using staging areas, earthwork, excavation, fill, site preparation, designing, drilling, constructing, operating, maintaining, repairing, and plugging of wells, and installation and upkeep of physical barriers, roads, drainage, erosion controls, lighting, cameras, and sensors. These activities may proceed without compliance with the listed statutes beginning October 2, 2026.
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