From leftover appropriations from 2019, President Biden and the Biden administration broke a major campaign promise and “announced it waived 26 federal laws to permit more border wall construction in southern Texas, a move that builds on one of the most controversial cornerstones of the Trump administration.”
In a statement, a spokesperson for U.S. Customs and Border Protection noted that Mayorkas issued waiver under federal immigration law for a barrier project that was quietly announced in June, which will be constructed on about 17 miles in Starr County.
The administration’s new announcement marks a major policy reversal for Biden, who vowed that not “another foot of wall” would be constructed under his administration during his 2020 campaign. Upon taking office in 2021, he also issued an executive order which read in part: “It shall be the policy of my administration that no more American taxpayer dollars be diverted to construct a border wall. … Building a massive wall that spans the entire southern border is not a serious policy solution. It is a waste of money that diverts attention from genuine threats to our homeland security.”
Waivered Regulations:
“….all of the following statutes, including all federal, state, or other laws, regulations, and legal requirements of, deriving from, or related to the subject of, the following statutes, as amended:”
- National Environmental Policy Act the Endangered Species Act
- Federal Water Pollution Control Act (commonly referred to as the Clean Water Act
- National Historic Preservation Act
- Migratory Bird Treaty Act
- Migratory Bird Conservation Act
- Clean Air Act
- Archeological Resources Protection Act
- Paleontological Resources Preservation Act
- Safe Drinking Water Act
- Noise Control Act
- Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (
- Comprehensive Environmental Response, Compensation, and Liability Act
- Archaeological and Historic Preservation Act
- Antiquities Act
- Historic Sites, Buildings, and Antiquities Act
- Farmland Protection Policy Act
- National Wildlife Refuge System Administration Act
- National Fish and Wildlife Act of 19
- Fish and Wildlife Coordination Act
- National Trails System Act
- Administrative Procedure Act
- Eagle Protection Act (
- Native American Graves Protection
- Repatriation Act
- American Indian Religious Freedom Act
- Federal Land Policy and Management Act
President Joe Biden – who, as a candidate, vowed that there will “not be another foot” of border wall constructed on his watch – has been plagued by issues on the border since his first months in office, when the US faced a surge of unaccompanied migrant children that caught officials flatfooted. Over the last two years, his administration has continued to face fierce pushback from Republicans – and at times, Democrats – over his immigration policies.
But a new surge of migrants has placed additional pressure on federal resources and tested Biden’s latest border policies only months after going into place, prompting fresh criticism from Republicans and concern within the administration over a politically delicate issue.
