Mayorkas cites ‘immediate need’ to waive regulations, build border wall in Texas as immigration surgesMayorkas' announcement comes as migrant numbers in September broke new records
By Adam Shaw Fox News
Published October 4, 2023 8:13pm EDT | Updated October 4, 2023 8:26pm EDT
DHS Secretary Alejandro Mayorkas is citing an "acute and immediate need" to waive dozens of federal laws in order to build a border wall in south Texas where illegal migration has surged, a sharp contrast to dismissals of the use of such barriers in the early days of the administration.
The agency posted an announcement on the U.S. Federal Register which outlines construction in Starr County in the Rio Grande Valley Sector -- where the administration says there is "high illegal entry." The agency says there have been over 245,000 migrant encounters in the sector this fiscal year.
Mayorkas says he is using his authority provided by Congress to waive 26 federal laws, including the Clean Air Act, Safe Drinking Water Act and Endangered Species 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 into the United States in the project areas pursuant to sections 102(a) and 102(b) of [the Illegal Immigration Reform and Immigrant Responsibility Act of 1996]," Mayorkas said.
The administration had put a halt to new border wall construction in early 2021, after then-candidate Biden had promised there would "not be another foot of wall constructed on my administration." The administration said that wall construction under the Trump administration was "just one example of the prior Administration’s misplaced priorities and failure to manage migration in a safe, orderly, and humane way."
However, the construction is funded by the FY 2019 DHS appropriations bill, which DHS is required to use for its appropriated purpose. Customs and Border Protection (CBP) had announced its plans for up to 20 miles of wall in the RGV Sector in June. The administration has also previously made moves to close gaps and replace gates.
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