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In a striking acknowledgement of the need to address the migrant influx at the southern border, the Biden administration 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.
The Department of Homeland Security posted the announcement overnight in the Federal Registry, which said the administration was waiving federal laws such as the Clean Air Act, the Safe Drinking Water Act and Endangered Species Act for the wall construction in Starr County, Texas, using federal funds appropriated in 2019.
“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,” Homeland Security Secretary Alejandro Mayorkas said in the notice.
In a statement, a spokesperson for Customs and Border Protection noted 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.
“Congress appropriated fiscal year 2019 funds for the construction of border barrier in the Rio Grande Valley, and DHS is required to use those funds for their appropriated purpose,” the CBP spokesperson said, adding that the project was consistent with Biden’s proclamation after taking office that ended the use of military funds for border wall construction and using money provided by Congress instead.
“CBP remains committed to protecting the nation’s cultural and natural resources and will implement sound environmental practices as part of the project covered by this waiver,” the spokesperson said.
Reached for comment, White House spokesperson Angelo Fernández Hernández deferred to the CBP for comment, noting the the agency’s announcement in June to proceed with the planning and execution of about 20 miles of border barrier in the Rio Grande Valley.
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, Biden 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.”
Notably, the administration’s most recent announcement on border wall construction waives environmental laws to speed up the project at a time as it faces increasing pressure from fellow Democrats to take action at the border.
The announcement comes days after Illinois Gov. J.B. Pritzker, a Democrat, called on President Joe Biden to step up action on an “untenable” migrant crisis in the state. Pritzker demanded an overhaul to the system, saying that the state’s resources were beyond strained after Texas officials bused more than 15,000 migrants to the state in the past year. He criticized the White House for a “lack of intervention and coordination at the border.”
“Unfortunately, the welcome and aid Illinois has been providing to these asylum seekers has not been matched with support by the federal government,” Pritzker wrote in a Monday letter to Biden. “Most critically, the federal government’s lack of intervention and coordination at the border has created an untenable situation for Illinois.”
On Sunday, Pritzker and Chicago Mayor Brandon Johnson, as well as White House chief of staff Jeff Zients and senior adviser Tom Perez, participated in what the White House later characterized as a productive conversation on the matter.
New York City Mayor Eric Adams also called on the Biden administration to address the influx of migrants in the city, saying that they were overwhelming city resources.
Following heavy lobbying from New York’s top Democratic officials, particularly Adams and Gov. Kathy Hochul, to address the issue, the Biden administration last month granted temporary protected status to hundreds of thousands of Venezuelan migrants who crossed the border without legal documentation, allowing them the right to legally obtain work.
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