The Biden administration plans to bypass 26 laws in order to construct more border barriers in the Rio Grande Valley. This decision, mentioned in a notice posted on the Federal Register on Wednesday, is justified by the prevalence of "high illegal entry" in the area. The funding for this wall will be derived from funds that were previously allocated exclusively for physical border barriers. However, this move coincides with a recent influx of migrants that is overwhelming federal and local resources, and placing significant political pressure on the Biden administration to tackle this extensive crisis.
According to federal data, Border Patrol reported almost 300,000 encounters in the Rio Grande Valley sector from October to August. In the previous month, Border Patrol apprehended over 200,000 migrants who crossed the US-Mexico border, marking the highest total for this year.
Homeland Security Secretary Alejandro Mayorkas stated in a filing posted in the US Federal Registry that the Department of Homeland Security has concluded the necessity to waive specific laws, regulations, and legal requirements to ensure the prompt construction of barriers and roads in Starr County, Texas, along the US border with Mexico.
Mayorkas stated in the notice that there is an urgent need to build physical barriers and roads near the US border to prevent illegal entries into the country in designated areas. The construction of the wall will be financed by a 2019 appropriations bill that allocated funds specifically for a "border barrier" in the Rio Grande Valley. Mayorkas emphasized that the Department of Homeland Security (DHS) is obliged to utilize these funds for their intended purpose. To meet the deadline of fiscal year 2023, the administration has decided to proceed with construction in south Texas this year, as per an insider.
US Customs and Border Protection previously revealed its intention to create a new border barrier in Starr County, encompassing various components such as light poles, gates, cameras, access roads, and lighting systems. To gather public input, CBP initiated a period for feedback between August and September, as per the agency's announcement.
The Biden administration is circumventing a number of laws that it has previously upheld to safeguard the environment. These include the National Environmental Policy Act, the Endangered Species Act, the Clean Water Act, and the Clean Air Act.
A growing political problem
: The CBP spokesperson emphasized the agency's unwavering dedication to safeguarding the cultural and natural assets of the nation. Simultaneously, they underscored the agency's commitment to employing environmentally responsible measures in constructing the border barriers.President Joe Biden, who promised during his campaign that no more border wall would be built under his leadership, has faced ongoing challenges at the border since he took office. In his early months, the country experienced a sudden influx of unaccompanied migrant children, which caught officials off guard. Throughout the past two years, his administration has continued to face strong opposition from Republicans, and sometimes Democrats, regarding his immigration policies.
However, a recent surge of migrants has intensified the strain on federal resources and put Biden's latest border policies to the test - only a few months after implementation. This has led to renewed criticism from Republicans and raised concerns within the administration due to the politically sensitive nature of the issue.
Migration along the southern border has been a central issue in the Republican presidential primary and conservative media. Prominent Democrats, such as the mayors of New York and Chicago, are also calling for stronger support from the federal government to address the needs of arriving migrants. According to a senior official from US Customs and Border Protection, the number of migrant crossings at the US-Mexico border is expected to stay elevated in the near future. However, there is hope that Mexico's increased commitments will eventually lead to a decrease in these numbers.
This week, Mayorkas, Secretary of State Antony Blinken, Attorney General Merrick Garland, and White House Homeland Security adviser Dr. Liz Sherwood-Randall will hold the annual security talks with Mexican counterparts in Mexico City. Migration is anticipated to be a key agenda item during the discussions. Senior administration officials affirm that the United States has been maintaining consistent communication with Mexico regarding the situation at the southern border, including pledges to strengthen enforcement.
This story has been updated with additional information.
CNNs Jack Forrest contributed to this report.