Notice2025-11154
Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended
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Published
June 18, 2025
Effective
June 18, 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 Texas.
Full Text
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<title>Federal Register, Volume 90 Issue 116 (Wednesday, June 18, 2025)</title>
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[Federal Register Volume 90, Number 116 (Wednesday, June 18, 2025)]
[Notices]
[Pages 26060-26062]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11154]
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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 Texas.
DATES: This determination takes effect on June 18, 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 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 Rio Grande Valley Sector is an area
of high illegal entry. In fiscal year 2024, the United States Border
Patrol (``Border Patrol'') apprehended over 135,000 illegal aliens
attempting to enter the United States between border crossings in the
Rio Grande Valley Sector. In that same time period, Border Patrol
seized over 23,400 pounds of marijuana, over 1,230 pounds of cocaine,
and over 10 pounds of heroin.
Owing to the high levels of illegal entry within the Rio Grande
Valley Sector, I must use my authority under section 102 of IIRIRA to
install additional barriers and roads in the Rio Grande Valley Sector.
Therefore, DHS will take immediate action to construct additional
barriers and roads in segments of the border in the Rio Grande Valley
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 Texas within the U. S. Border
Patrol Rio Grande Valley Sector, is an area of high illegal entry (the
``project area''):
<bullet> Starting approximately at the intersection of Farm to
Market Road 1427 and the International Boundary and Water Commission
levee (``levee'') and from that point extending east and west along the
levee approximately one-quarter (0.25) of a mile in each direction;
<bullet> Starting approximately one-tenth (0.10) of a mile
northwest of the intersection of West Military Road and Otte Road and
extending southeast approximately two tenths (0.20) of a mile;
<bullet> Starting approximately at the intersection of El Camino
Real Road and South Farm to Market Road 494 and extending northeast
approximately two-tenths (0.20) of a mile;
<bullet> Starting approximately one-quarter (0.25) of a mile
southwest of the intersection of 1st Street and South Bridge Street and
extending northeast approximately three-tenths (0.30) of a mile;
<bullet> Starting approximately six-tenths (0.60) of a mile south
of the intersection of East Pirate Drive and South 8th Street and
extending east approximately one and one-tenth (1.10) of a mile;
<bullet> Starting approximately four-tenths (0.40) of a mile
southwest of the intersection of South Cage Boulevard and Capote
Central Avenue and extending east approximately one-quarter (0.25) of a
mile;
<bullet> Starting approximately at the intersection of U.S. Highway
281 and the Donna Main Canal and extending one (1.0) mile south and
six-tenths (0.60) of a mile east;
<bullet> Starting approximately three-tenths (0.30) of a mile
southwest of a gap in the existing levee wall commonly referred to as
the McManus Farms gate location, which is situated at the intersection
of County Road 1866 and the levee, and extending approximately three-
tenths (0.30) of a mile northeast of the McManus Farms Gate location;
<bullet> Starting approximately three-tenths (0.30) of a mile
northwest of a gap in the existing levee wall commonly referred to as
the Basin Ramp PGR gate location, which is situated approximately one
and one-half (1.50) miles west of the Progreso Port of Entry, and
extending approximately three-tenths (0.30) of a mile south of the
Basin Ramp gate location;
<bullet> Starting approximately eighty-five hundredths (0.85) of a
mile southwest of the Progresso Port of Entry and extending in both
directions along the levee approximately one-quarter (0.25) of a mile;
<bullet> Starting approximately one-quarter (0.25) of a mile
southeast of the intersection of Tejana Road and Touluca Sugar Road and
extending west along the levee approximately three-quarters (0.75) of a
mile;
<bullet> Starting approximately one and two-tenths (1.20) miles
south of the intersection of U.S. Highway 281 and Rancho Toluca Road
and extending east along the levee to the point where River Drive meets
the levee;
<bullet> Starting approximately three-quarters (0.75) of a mile
south of the intersection of Military Highway 281 and Blue Town Pump
Station Road and extending east along the levee to a point where
Trevino Road meets the levee;
<bullet> Starting approximately at the southeast corner of the
Culebron Banco
[[Page 26062]]
Tract of the Lower Rio Grande Valley National Wildlife Refuge and
extending east approximately one and one-half (1.50) miles;
<bullet> Starting approximately one-half (0.50) mile south of the
intersection of Military Highway 281 and Farm to Market Road 2520 and
extending east approximately two (2.0) miles;
<bullet> Starting approximately one (1.0) mile south of the
intersection of U.S. Highway 281 and Francisca Street and extending
south and east along the levee to a point where West Alton Gloor
Boulevard meets the levee;
<bullet> Starting approximately fourth-tenths (0.4) of a mile east
of the intersection of Calle Amistosa and Mexico Boulevard and
extending southwest approximately one-half (0.5) of a mile;
<bullet> Starting at the intersection of East 12th Street and East
Levee Street and extending southeast along the levee a point where
Impala Drive meets the levee; and
<bullet> Starting approximately six-tenths (0.60) of a mile
southeast of the intersection of Boca Chica Highway and North Oklahoma
Avenue and extending approximately two and one-half (2.5) miles
northeast to the intersection of Boca Chica Highway and Gavito Ranch
Road.
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, 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 Wild and Scenic Rivers Act (Pub. L. 90-542
(16 U.S.C. 1281 et seq.)); the Farmland Protection Policy Act (7 U.S.C.
4201 et seq.); the National Wildlife Refuge System Administration Act
(Pub. L. 89-669 (16 U.S.C. 668dd-668ee)); the National Wildlife Refuge
System Improvement Act of 1997 (Pub. L. 105-57); the Wild Horse and
Burro Act (16 U.S.C. 1331 et seq.); the Rivers and Harbors Act of 1899
(33 U.S.C. 403 et seq.); and the Coastal Zone Management Act (Pub. L.
92-583 (16 U.S.C. 1451 et seq.)).
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. 2025-11154 Filed 6-17-25; 8:45 am]
BILLING CODE 9111-14-P
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</html>Indexed from Federal Register on June 18, 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.