DHS Secretary Kristi Noem issued the department’s first waiver since taking office in January. The waiver allows the federal government to bypass environmental rules to build 2.5 miles of barrier in Jacumba Hot Springs and San Diego, California — regions that experienced high levels of illegal immigration during the Biden administration.
“Acting under President Trump’s Executive Orders, Secretary Noem is taking bold, decisive steps to secure the southern border and achieve full operational control,” the DHS said in a statement to the Washington Examiner. “To cut through bureaucratic delays, DHS is waiving environmental laws — including the National Environmental Policy Act — that can stall vital projects for months or even years.”
The Federal Register published the waiver Tuesday, which allows the government to construct physical barriers quickly where they are needed most rather than wait for studies to ensure the land will not be negatively affected, according to the DHS.
Noem cited her authority under Section 102 of the Illegal Immigration Reform And Immigrant Responsibility Act of 1996 to waive the regulations.
Two miles of wall will be installed as part of the Jacumba Gap Wall Project, while another 350 feet will go in an area known as Smuggler’s Gulch near Imperial Beach, California. The final 1,500 feet will go up in an area referenced as “4.”
This waiver, while the first for Noem in President Donald Trump’s second term, follows a precedent set during the first Trump administration.
The 2.5 miles of wall construction is being funded through appropriations to CBP during fiscal 2020 and 2021.
Trump campaigned in 2016 to build a “beautiful” wall between the U.S. and Mexico. When he took office in January 2017, the barrier between both countries’ 1,954-mile border covered approximately one-third of that space.
Trump was able to obtain funding through Congress and redirect funds from the Defense and Treasury departments to the DHS. In total, more than 700 miles of border wall were funded, but roughly 450 miles were completed by the time Trump left office.
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Then-President Joe Biden canceled the remaining wall projects in early 2021, but some leftover funds are still available to carry out unfinished projects, such as this one.
The office of Gov. Gavin Newsom (D-CA) did not respond to a request for comment.
