Notice2025-05992
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
April 8, 2025
Effective
April 8, 2025
Issuing agencies
Homeland Security Department
Abstract
The Secretary of Homeland Security has determined, pursuant to law, that it is 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 the state of California.
Full Text
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<title>Federal Register, Volume 90 Issue 66 (Tuesday, April 8, 2025)</title>
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[Federal Register Volume 90, Number 66 (Tuesday, April 8, 2025)]
[Notices]
[Pages 15153-15155]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05992]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
Determination Pursuant to Section 102 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996, as Amended
AGENCY: Office of the Secretary, Department of Homeland Security.
ACTION: Notice of determination.
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SUMMARY: The Secretary of Homeland Security has determined, pursuant to
law, that it is 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
the state of California.
DATES: This determination takes effect on April 8, 2025.
SUPPLEMENTARY INFORMATION: Important mission requirements of the
Department of Homeland Security (``DHS'') include border security and
the detection and prevention of illegal entry into the United States.
Border security is critical to the nation's national security.
Recognizing the critical importance of border security, Congress has
mandated DHS to achieve and maintain operational control of the
international land border. Secure Fence Act of 2006, Public Law 109-
367, section 2, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1701 note).
Congress defined ``operational control'' as the prevention of all
unlawful entries into the United States, including entries by
terrorists, other
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unlawful aliens, instruments of terrorism, narcotics, and other
contraband. Id. Consistent with that mandate, the President's Executive
Order on Securing Our Borders directs that I take all appropriate
action to deploy and construct physical barriers to ensure complete
operational control of the southern border of the United States.
Executive Order 14165, section 3 (Jan. 20, 2025).
Congress has provided to the Secretary of Homeland Security a
number of authorities necessary to carry out DHS's border security
mission. One of those authorities is found at section 102 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as
amended (``IIRIRA''). 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). In section 102(a) of IIRIRA,
Congress provided that the Secretary of Homeland Security shall take
such actions as may be necessary to install additional physical
barriers and roads (including the removal of obstacles to detection of
illegal entrants) in the vicinity of 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 mandated the installation
of additional fencing, barriers, 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 I, in my sole discretion, determine
necessary to ensure the expeditious construction of barriers and roads
authorized by section 102 of IIRIRA.
Determination and Waiver
Section 1
The United States Border Patrol San Diego Sector is an area of high
illegal entry. In fiscal year 2024, the United States Border Patrol
(``Border Patrol'') apprehended over 324,000 illegal aliens attempting
to enter the United States between border crossings in the San Diego
Sector. In that same time period, Border Patrol seized over 120 pounds
of marijuana, 2,860 pounds of cocaine, over 60 pounds of heroin, over
4,270 pounds of methamphetamine, and over 780 pounds of fentanyl.
Owing to the high levels of illegal entry within the San Diego
Sector, I must use my authority under section 102 of IIRIRA to install
additional barriers and roads in the San Diego Sector. Therefore, DHS
will take immediate action to construct additional barriers and roads
in segments of the border in the San Diego Sector. The segments where
such construction will occur are referred to herein as the ``project
area,'' which is more specifically described in Section 2 below.
Section 2
I determine that the following area in the vicinity of the United
States border, located in the State of California within the U.S.
Border Patrol San Diego Sector, is an area of high illegal entry (the
``project area''):
<bullet> Starting approximately four-tenths (0.40) of a mile west
of Border Monument 256 and extending approximately two-tenths (0.20) of
a mile east;
<bullet> Starting at Border Monument 252 and extending east along
the border to approximately one and three-quarter (1.75) miles east of
Border Monument 251; and
<bullet> Starting at Border Monument 235 and extending east for
approximately five (5) miles.
There is presently an acute and immediate need to construct
additional 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 area pursuant to section 102(a) of IIRIRA. In
order to ensure the expeditious construction of additional physical
barriers and roads in the project area, I have determined that it is
necessary that I exercise the authority that is vested in me by section
102(c) of IIRIRA.
Accordingly, pursuant to section 102(c) of IIRIRA, I hereby waive
in their entirety, with respect to the construction of physical
barriers and roads (including, but not limited to, accessing the
project areas, creating and using staging areas, the conduct of
earthwork, excavation, fill, and site preparation, drainage and
erosions control, and installation and upkeep of physical barriers and
roads) in the project area, all of the following statutes, including
all federal, state, or other laws, regulations, and legal requirements
of, deriving from, or related to the subject of, the following
statutes, as amended: The National Environmental Policy Act (Pub. L.
91-190, 83 Stat. 852 (Jan. 1, 1970) (42 U.S.C. 4321 et seq.)); the
Endangered Species Act (Pub. L. 93-205, 87 Stat. 884 (Dec. 28, 1973)
(16 U.S.C. 1531 et seq.)); the Federal Water Pollution Control Act
(commonly referred to as the Clean Water Act (33 U.S.C. 1251 et seq.));
the National Historic Preservation Act (Pub. L. 89-665, 80 Stat. 915
(Oct. 15, 1966), as amended, repealed, or replaced by Pub. L. 113-287
(Dec. 19, 2014) (formerly codified at 16 U.S.C. 470 et seq., now
codified at 54 U.S.C. 100101 note and 54 U.S.C. 300101 et seq.)); the
Migratory Bird Treaty Act (16 U.S.C. 703 et seq.); the Migratory Bird
Conservation Act (16 U.S.C. 715 et seq.); the Clean Air Act (42 U.S.C.
7401 et seq.); the Archeological Resources Protection Act (Pub. L. 96-
95 (16 U.S.C. 470aa et seq.)); the Paleontological Resources
Preservation Act (16 U.S.C. 470aaa et seq.); the Federal Cave Resources
Protection Act of 1988 (16 U.S.C. 4301 et seq.); the National Trails
System Act (16 U.S.C. 1241 et seq.), the Safe Drinking Water Act (42
U.S.C. 300f et seq.); the Noise Control Act (42 U.S.C. 4901 et seq.);
the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act (42 U.S.C. 6901 et seq.); the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.); the Archaeological and Historic Preservation Act (Pub. L. 86-
523, as amended, repealed, or replaced by Pub. L. 113-287 (Dec. 19,
2014) (formerly codified at 16 U.S.C. 469 et seq., now codified at 54
U.S.C. 312502 et seq.)); the Antiquities Act (formerly codified at 16
U.S.C. 431 et seq. and 16 U.S.C. 431a et seq., now codified 54 U.S.C.
320301 et seq.); the Historic Sites, Buildings, and Antiquities Act
(formerly codified at 16 U.S.C. 461 et seq., now codified at 54 U.S.C.
320301-320303 & 320101-320106); the Eagle Protection Act (16 U.S.C. 668
et seq.); the Native American Graves Protection and Repatriation Act
(25 U.S.C. 3001 et seq.); the Administrative Procedure Act (5 U.S.C.
551 et seq.); Section 438 of the Energy Independence and Security Act
(42 U.S.C. 17094); the National Fish and Wildlife Act of 1956 (Pub. L.
84-1024 (16 U.S.C. 742a, et seq.)); the Fish and Wildlife Coordination
Act (Pub. L. 73-121 (16 U.S.C. 661 et seq.)); the Farmland Protection
Policy Act (7 U.S.C. 4201 et seq.); the Wilderness Act (Pub. L. 88-577
(16 U.S.C. 1131 et seq.)); the Federal Land Policy and Management Act
(Pub L. 94-579 (43 U.S.C. 1701 et seq.)); the Wild Horse and Burro Act
(16 U.S.C. 1331 et seq.); the Coastal Zone Management Act (Pub.
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L. 92-583 (16 U.S.C. 1451 et seq.)); and the Otay Mountain Wilderness
Act of 1999 (Pub. L. 106-145).
This waiver does not revoke 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. I
reserve the authority to execute further waivers from time to time as I
may determine to be necessary under section 102 of IIRIRA.
Kristi Noem,
Secretary of Homeland Security.
[FR Doc. 2025-05992 Filed 4-7-25; 8:45 am]
BILLING CODE 9111-14-P
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</html>Indexed from Federal Register on April 8, 2025.
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.