Notice2023-13924
Rescission of Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended
Primary source
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Published
June 30, 2023
Effective
June 30, 2023
Issuing agencies
Homeland Security Department
Abstract
On May 15, 2020, the Acting Secretary of Homeland Security published a Notice of Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended, to waive legal requirements related to the construction of barriers and roads. (May 2020 Notice of Determination). The Secretary of Homeland Security through this notice rescinds the May 2020 Notice of Determination.
Full Text
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<title>Federal Register, Volume 88 Issue 125 (Friday, June 30, 2023)</title>
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[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Notices]
[Page 42381]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13924]
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DEPARTMENT OF HOMELAND SECURITY
Rescission of Determination Pursuant to Section 102 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as
Amended
AGENCY: Office of the Secretary, (DHS).
ACTION: Notice of rescission of determination.
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SUMMARY: On May 15, 2020, the Acting Secretary of Homeland Security
published a Notice of Determination Pursuant to Section 102 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as
Amended, to waive legal requirements related to the construction of
barriers and roads. (May 2020 Notice of Determination). The Secretary
of Homeland Security through this notice rescinds the May 2020 Notice
of Determination.
DATES: This Notice takes effect on June 30, 2023.
SUPPLEMENTARY INFORMATION: Section 102(c) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996, as Amended, provides
the Secretary of Homeland Security with the sole discretion to waive
all legal requirements related to the construction of barriers and
roads. Public Law 104-208, Div. C, 110 Stat. 3009-546, 3009-554 (Sept.
30, 1996) (8 U.S.C 1103 note), as amended by the REAL ID Act of 2005,
Public Law 109-13, Div. B, 119 Stat. 231, 302, 306 (May 11, 2005) (8
U.S.C. 1103 note), as amended by the Secure Fence Act of 2006, Public
Law 109-367, section 3, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1103
note), as amended by the Department of Homeland Security Appropriations
Act, 2008, Public Law 110-161, Div. E, Title V, section 564, 121 Stat.
2090 (Dec. 26, 2007). Any such waivers shall be effective upon being
published in the Federal Register. On May 15, 2020, the Acting
Secretary of Homeland Security issued a Federal Register notice
determining that it was ``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 in Webb County, Texas, and Zapata County, Texas.'' See 85
FR 29472. Through this Notice, the Secretary of Homeland Security
hereby rescinds the May 15, 2020 Notice of Determination.
This rescission of the May 15, 2020 Notice of Determination does
not rescind or supersede any other waiver determination made pursuant
to section 102(c) of IIRIRA. Such waivers shall remain in full force
and effect in accordance with their terms.
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2023-13924 Filed 6-29-23; 8:45 am]
BILLING CODE 9111-14-P
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</html>Indexed from Federal Register on June 30, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.