Notice2025-19549
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
October 15, 2025
Effective
October 15, 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 border in the state of California.
Full Text
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<title>Federal Register, Volume 90 Issue 197 (Wednesday, October 15, 2025)</title>
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[Federal Register Volume 90, Number 197 (Wednesday, October 15, 2025)]
[Notices]
[Pages 48289-48290]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19549]
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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 border in the
state of California.
DATES: This determination takes effect on October 15, 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 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,
[[Page 48290]]
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 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 San Diego Sector is an area of high
illegal entry. Between fiscal year 2021 and July 2025, the United
States Border Patrol (``Border Patrol'') apprehended over 922,000
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 2,465 pounds of marijuana, over 9,873 pounds of
cocaine, over 565 pounds of heroin, over 29,675 pounds of
methamphetamine, and over 4,016 pounds of fentanyl.
Since the President took office, DHS has delivered the most secure
border in history. More can be done, however. Because the San Diego
Sector is an area of high illegal entry where illegal aliens regularly
attempt to enter the United States or smuggle illicit drugs, and 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 San Diego Sector. Therefore, DHS will take
immediate action to construct additional barriers and roads in the San
Diego Sector.
Section 2
I determine that the San Diego Sector, which is in the vicinity of
the United States border and located in the state of California, is an
area of high illegal entry.
There is presently an acute and immediate need to construct
physical barriers and roads in the vicinity of the border of the United
States in order to prevent unlawful entries into the United States and
achieve and maintain operational control of the border in the San Diego
Sector pursuant to sections 102(a) and 102(b) of IIRIRA. In order to
ensure the expeditious construction of the barriers and roads in the
San Diego Sector, 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 with respect to all contracting actions necessary for 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, roads, supporting
elements, drainage, erosion controls, safety features, lighting,
cameras, and sensors) in the San Diego Sector, all of the following
statutes and regulations, including any legal requirements of, deriving
from, or related to the subject of, the following statutes and
regulations: the Administrative Procedure Act (5 U.S.C. 551, et seq.);
15 U.S.C. 63l(j); 15 U.S.C. 637(d)-(f), and (h)-(k); 15 U.S.C. 644; 15
U.S.C. 657q; 28 U.S.C. 1491(b) (to the extent that it authorizes
injunctive relief or any form thereof that would interfere with the
expeditious construction of barriers and roads); 31 U.S.C. 3553(c) and
(d)(3); 40 U.S.C. 1101 et seq.; 41 U.S.C. 1126; 41 U.S.C. 1708(a), (c),
(e)-(g); 41 U.S.C. 1901(c), (d), and (e); 41 U.S.C. 3301; 41 U.S.C.
3302(b)-(e); 41 U.S.C. 3304; 41 U.S.C. 3306(a)-(c); 41 U.S.C. 3307(b)-
(d), (e)(4), and (e)(5)(C); 41 U.S.C. 3309; 41 U.S.C. 3502; Section 880
of Division A, Title VIII of Public Law 115-232 (41 U.S.C. 3701, Note);
41 U.S.C. 4103(c), (d)(3)-(4); 41 U.S.C. 4104(b); 41 U.S.C. 4105(c)-
(d), (f)(2)-(3), (g); 41 U.S.C. 4106(c)-(d); 41 U.S.C. 6101(b)(1); 13
CFR part 125, and 127.503(g); 48 CFR 7.102; 48 CFR part 10; 48 CFR
16.504(c); 48 CFR 16.505(a)(4), (a)(8)(i) and (iii), (a)(9), and (b);
48 CFR 17.207; 48 CFR 22.404-5; 48 CFR subpart 22.5; 48 CFR 28.102-
1(c); 48 CFR 33.103(f).
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. 2025-19549 Filed 10-14-25; 8:45 am]
BILLING CODE 9111-14-P
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</html>Indexed from Federal Register on October 15, 2025.
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