Notice2025-16307
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
August 26, 2025
Effective
August 26, 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 163 (Tuesday, August 26, 2025)</title>
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[Federal Register Volume 90, Number 163 (Tuesday, August 26, 2025)]
[Notices]
[Pages 41589-41591]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16307]
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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 August 26, 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
[[Page 41590]]
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 that in carrying
out the authority of section 102(a), I provide for the installation of
additional fencing, barriers, roads, lighting, cameras, and sensors to
achieve and maintain operational control of the 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. From fiscal year 2021 through July 2025, the
United States Border Patrol (``Border Patrol'') apprehended over
1,523,672 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 166,198 pounds of marijuana, over
7,068 pounds of cocaine, over 5,885 pounds of methamphetamine, over 87
pounds of heroin, and over 118 pounds of fentanyl.
Since the President took office, DHS has delivered the most secure
border in history. More can and must be done, however. As the
statistics cited above demonstrate, the Rio Grande Valley Sector is an
area of high illegal entry where illegal aliens regularly attempt to
enter the United States and smuggle illicit drugs. Given my mandate to
achieve and maintain operational control of the border, 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 at the westernmost boundary of the Arroyo
Morteros Tract of the Lower Rio Grande Valley National Wildlife Refuge
and extending to the easternmost boundary of the Arroyo Morteros Tract
of the Lower Rio Grande Valley National Wildlife Refuge;
<bullet> Starting at the northernmost boundary of the Las Ruinas
Tract of the Lower Rio Grande Valley National Wildlife Refuge and
extending to the southernmost boundary of the Las Ruinas Tract of the
Lower Rio Grande Valley National Wildlife Refuge;
<bullet> Starting at the westernmost boundary of the Arroyo Ramirez
Tract of the Lower Rio Grande Valley National Wildlife Refuge and
extending to the easternmost boundary of the Arroyo Ramirez Tract of
the Lower Rio Grande Valley National Wildlife Refuge;
<bullet> Starting at the westernmost boundary of the Los Negros
Creek Tract of the Lower Rio Grande Valley National Wildlife Refuge and
extending to the easternmost boundary of the Lower Rio Grande Valley
National Wildlife Refuge;
<bullet> Starting at the westernmost boundary of the Los Velas West
Tract of the Lower Rio Grande Valley National Wildlife Refuge and
extending to the easternmost most boundary of the Los Velas West Tract
of the Lower Rio Grande Valley National Wildlife Refuge;
<bullet> Starting at the westernmost boundary of the Los Velas
Tract of the Lower Rio Grande Valley National Wildlife Refuge and
extending to the easternmost boundary of the Los Velas Tract of the
Lower Rio Grande Valley National Wildlife Refuge;
<bullet> Starting at the westernmost boundary of the La Casita East
Tract of the Lower Rio Grande Valley National Wildlife Refuge and
extending to the easternmost boundary of the La Casita East Tract of
the Lower Rio Grande Valley National Wildlife Refuge;
<bullet> Starting at the westernmost boundary of the San Francisco
Banco Tract of the Lower Rio Grande Valley National Wildlife Refuge and
extending to the easternmost boundary of the San Francisco Banco Tract
of the Lower Rio Grande Valley National Wildlife Refuge;
<bullet> Starting approximately one mile southwest of the
intersection of Mission Street and Old Military Highway and extending
southeast for approximately one-half (0.5) of a mile;
<bullet> Starting at the northeastern most boundary of the Guerra
Tract of the Lower Rio Grande Valley National Wildlife Refuge and
extending to the southeasternmost boundary of the Guerra Tract of the
Lower Rio Grande Valley National Wildlife Refuge;
<bullet> Starting at the northernmost boundary of the Zambrano
Tract of the Lower Rio Grande Valley National Wildlife Refuge and
extending to the southeasternmost boundary of the Zambrano Tract of the
Lower Rio Grande Valley National Wildlife Refuge;
<bullet> Starting at the easternmost boundary of the Villareales
Banco Tract of the Lower Rio Grande Valley National Wildlife Refuge and
extending to the westernmost boundary of the Villareales Banco Tract of
the Lower Rio Grande Valley National Wildlife Refuge;
<bullet> Starting at the westernmost boundary of the Chicarra Banco
Tract of the Lower Rio Grande Valley National Wildlife Refuge and
extending to the easternmost boundary of the Chicarra Banco Tract of
the Lower Rio Grande Valley National Wildlife Refuge; and
<bullet> Starting at the westernmost boundary of the Cuevitas Tract
of the Lower Rio Grande Valley National Wildlife Refuge and extending
to the easternmost boundary of the Cuevitas Tract of the Lower Rio
Grande Valley National Wildlife Refuge.
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
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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 Public Law 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
Public Law 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. 2025-16307 Filed 8-25-25; 8:45 am]
BILLING CODE 9111-14-P
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</html>Indexed from Federal Register on August 26, 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.