Notice2025-22314
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
December 9, 2025
Effective
December 9, 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 234 (Tuesday, December 9, 2025)</title>
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[Federal Register Volume 90, Number 234 (Tuesday, December 9, 2025)]
[Notices]
[Pages 57088-57089]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-22314]
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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 December 9, 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 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
[[Page 57089]]
of barriers and roads authorized by section 102 of IIRIRA.
Determination and Waiver
Section 1
The Rio Grande Valley Sector is an area of high illegal entry.
Between fiscal year 2021 and fiscal year 2025, Border Patrol
apprehended over 1,527,020 illegal aliens attempting to enter the
United States between border crossings in the Rio Grande Sector. In
that same time period Border Patrol seized over 169,345 pounds of
marijuana, over 7,887 pounds of cocaine, over 102 pounds of heroin,
over 6,311 pounds of methamphetamine, 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, 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 Rio Grande Valley Sector. Therefore, DHS will take
immediate action to construct additional barriers and roads in a
segment of the border in the Rio Grande Valley Sector. The segment
where such construction will occur is 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''): Starting at approximately GPS point 26.571763, -
99.169645 and extending east to approximately GPS point 25.956740, -
97.147710.
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) and 102(b) 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, roads, supporting elements, drainage,
erosion controls, safety features, lighting, cameras, and sensors) 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 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 Farmland Protection Policy Act (7 U.S.C. 4201 et seq.); the
Wild Horse and Burro Act (16 U.S.C. 1331 et seq.); 43 U.S.C. 387; the
Wild and Scenic Rivers Act (Pub. L. 90-542 (16 U.S.C. 1281 et seq.);
the Rivers and Harbors Act of 1899 (33 U.S.C. 403 et seq.); the Federal
Insecticide, Fungicide, and Rodenticide Act, (16 U.S.C. 136-136y); and
the Marine Mammal Protection Act (16 U.S.C. 1361-1421h).
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. 2025-22314 Filed 12-8-25; 8:45 am]
BILLING CODE 9111-14-P
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</html>Indexed from Federal Register on December 9, 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.