Monday, the secretary of Homeland Security posted the Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended which waives compliance with 25 acts and their regulations.
“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 of the United States near the Santa Teresa Land Port of Entry in the state of New Mexico,” the waiver reads.
The waiver affects the 20-mile segment of the US / Mexico border from Santa Teresa Land Port of Entry west to Border Monument 10, including the city of Ciudad Juarez. The Department of Homeland security wants a bollard wall to replace vehicle barriers along about a 20-mile stretch of border just west of the Santa Teresa crossing. Bollard fencing is configured of thick vertical steel posts that are difficult to climb but allow some visibility through the barrier. Bollard fencing can be found along the border in New Mexico.
An earlier suit brought against similar efforts by the administration last year by the Center for Biological Diversity contends waiver authority is no longer valid and is scheduled to be heard February 9 in U.S. District Court in San Diego.
The waiver applies to these acts:
- National Environmental Policy Act
- Endangered Species Act
- Federal Water Pollution Control Act
- National Historic Preservation Act
- Migratory Bird Treaty Act
- Migratory Bird Conservation Act
- Clean Air Act
- Archeological Resources Protection Act
- Paleontological Resources Preservation Act
- Federal Cave Resources Protection Act
- Safe Drinking Water Act
- Noise Control Act
- Solid Waste Disposal Act
- Comprehensive Environmental Response, Compensation, and Liability Act
- Archaeological and Historic Preservation Act and Antiquities Act
- Historic Sites, Buildings, and Antiquities Act
- Antiquities Act
- Farmland Protection Policy Act
- Federal Land Policy and Management Act
- National Fish and Wildlife Act of 1956
- Fish and Wildlife Coordination Act
- Administrative Procedure Act
- Eagle Protection Act
- Native American Graves Protection and Repatriation
- American Indian Religious Freedom Act
image: US Border Patrol