Notice2025-22315
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 states of California and Arizona.
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 57089-57091]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-22315]
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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 states of California and Arizona.
DATES: This determination takes effect on December 9, 2025.
SUPPLEMENTARY INFORMATION: Important mission requirements of the
Department of Homeland Security (``DHS'') include
[[Page 57090]]
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 of barriers and roads authorized by section 102 of IIRIRA.
Determination and Waiver
Section 1
The United States Border Patrol Yuma Sector is an area of high
illegal entry. Between fiscal year 2021 and fiscal year 2025, Border
Patrol apprehended over 660,380 illegal aliens attempting to enter the
United States between border crossings in the Yuma Sector. In that same
time period Border Patrol seized over 1,631 pounds of marijuana, over
437 pounds of cocaine, over 45 pounds of heroin, over 2,693 pounds of
methamphetamine, and over 1,901 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 Yuma 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 Yuma Sector. Therefore, DHS will take immediate action
to construct additional barriers and roads in a segment of the border
in the Yuma 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 states of California and Arizona within
the U.S. Border Patrol Yuma Sector, is an area of high illegal entry
(the ``project area''):
<bullet> Starting at approximately Border Monument 210 and
extending south to approximately to the intersection of West Country
Road 13 Street and the West Main Canal.
<bullet> Starting at approximately the intersection of West County
18th Street and Salinity Canal Road and extending south and east to
approximately Border Monument 183.
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
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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 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.)); 43 U.S.C. 387; 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.); Sections 301(a)-(f) of the Arizona Desert Wilderness Act (Pub.
L. 101-628); the Military Lands Withdrawal Act of 1999 (Pub. L. 106-65,
113 Stat. 885 (Oct. 5, 1999)); and the Sikes Act (16 U.S.C. 670 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. 2025-22315 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.