The Biden administration has utilized its executive power to waive 26 federal laws in South Texas, enabling the construction of a border wall. This move marks the first instance of such a power being exercised by the administration, a tactic frequently employed during the Trump presidency.
On Wednesday, the Department of Homeland Security (DHS) made the announcement on the U.S. Federal Registry, stating that the construction will take place in Starr County, Texas. This area is part of a busy Border Patrol sector seeing a high volume of illegal entries. The Rio Grande Valley Sector, which encompasses 21 counties, has recorded approximately 245,000 illegal entries so far this fiscal year.
The DHS secretary, Alejandro Mayorkas, emphasized the immediate need for physical barriers and roads in order to prevent unlawful entries into the United States. However, the construction will require waiving certain federal laws, including the Clean Air Act, Safe Drinking Water Act, and Endangered Species Act. These waivers will allow construction to move forward without time-consuming reviews and potential lawsuits challenging violations of environmental laws.
Starr County, known for its hilly ranchlands, is home to approximately 65,000 residents spread across 1,200 square miles. This area is also part of the Lower Rio Grande Valley National Wildlife Refuge and features habitats for endangered plants and species such as the Ocelot, a spotted wild cat.
Environmental advocates and concerned individuals have expressed their worries about the impact the construction will have on public lands and wildlife habitats. They argue that the wall will disrupt wildlife migrations, destroy a significant amount of wildlife refuge land, and hinder the region’s progress in conservation efforts.
During the Trump administration, roughly 450 miles of barriers were constructed along the southwest border between 2017 and January 2021. Texas Governor Greg Abbott has since resumed these efforts after they were halted at the beginning of President Biden’s term.
The recent decision by the DHS, which seems to contradict the Biden administration’s earlier stance against a massive wall, has sparked political debate. Representative Henry Cuellar criticizes the project as wasteful spending, arguing that a border wall is an ineffective solution. On the other hand, proponents of the wall suggest that the waivers should mark a shift in policy and that a secure wall is necessary to maintain border control.
The Customs and Border Protection (CBP) agency asserts that the construction aligns with a 2021 proclamation to end further construction. They state that Congress had appropriated funds in 2019 for border barrier construction in the Rio Grande Valley, and the DHS is obligated to utilize those funds accordingly. The CBP emphasizes their commitment to protecting cultural and natural resources while implementing sound environmental practices.
Overall, the decision to waive federal laws for the construction of a border wall in South Texas has ignited discussions about border security, the effectiveness of physical barriers, and the potential environmental impact. The Biden administration faces a challenging task of addressing the increase in migrants entering through the southern border while considering alternative solutions and the concerns raised by various stakeholders.
