WASHINGTON – (DHS, News Release) — The Department of Homeland Security (DHS) has issued a waiver to ensure the expeditious construction and replacement of approximately 12.5 miles of secondary wall near the international border in the state of California. The waiver was published in the Federal Register on February 7, 2019.
This waiver is pursuant to authority granted to the Secretary of Homeland Security by Congress. Congress has provided the Secretary of Homeland Security with a number of authorities necessary to carry out DHS’s border security mission. One of these authorities is found in section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended (“IIRIRA”). Section 102(a) of IIRIRA provides that the Secretary of Homeland Security shall take such actions as may be necessary to install additional physical walls and roads near the United States border to deter illegal crossings in areas of high illegal entry into the United States. In section 102(b) of IIRIRA, Congress has called for the installation of additional fencing, walls, roads, lighting, cameras, and sensors on the southwest border. Finally, in section 102(c) of IIRIRA, Congress granted to the Secretary of Homeland Security the authority to waive all legal requirements that the Secretary, in Secretary’s sole discretion, determines necessary to ensure the expeditious construction of the walls and roads authorized by section 102 of IIRIRA.