Notice2026-09752
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
May 15, 2026
Effective
May 15, 2026
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 91 Issue 94 (Friday, May 15, 2026)</title>
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[Federal Register Volume 91, Number 94 (Friday, May 15, 2026)]
[Notices]
[Pages 27969-27970]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09752]
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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 May 15, 2026.
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, Tit. I, section 102,
110 Stat. 3009-546, 3009-554 (8 U.S.C 1103 note), as amended by the
REAL ID Act of 2005, Public Law 109-13, Div. B, Tit. I, section 102,
119 Stat. 302, 306 (8 U.S.C. 1103 note), as amended by the Secure Fence
Act of 2006, Public Law 109-367, section 3, 120 Stat. 2638 (8 U.S.C.
1103 note), as amended by the Department of Homeland Security
Appropriations Act, 2008, Public Law 110-161, Div. E, Tit. V, section
564, 121 Stat. 2042, 2090. 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 Big Bend Sector is an area of high
illegal entry. Between fiscal year 2021 and fiscal year 2025, Border
Patrol apprehended over 89,000 illegal aliens attempting to enter the
United States between border crossings in the Big Bend Sector. In that
same time period Border Patrol seized over 87,574 pounds of marijuana,
over 867 pounds of cocaine, over 1,156 pounds of methamphetamine, over
12 pounds of heroin, and over 94 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 Big Bend 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 Big Bend Sector. Therefore, DHS will take immediate
action to construct additional barriers and roads in a segment of the
border in the Big Bend 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 Big Bend Sector is an area of high illegal entry (the ``project
area''): Starting at approximately GPS point 29.7275568-101.6848011 and
extending east to approximately GPS point 29.727557-102.684802.
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 (42
U.S.C. 4321 et seq.)); the Endangered Species Act (Pub. L. 93-205, 87
Stat. 884 (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, as amended, repealed, or replaced by Pub.
[[Page 27970]]
L. 113-287 (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 (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 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 Federal Land Policy and Management Act (Pub
L. 94-579 (43 U.S.C. 1701 et seq.)); the Wilderness Act (Pub. L. 88-577
(16 U.S.C. 1131 et seq.)); the National Park Service Organic Act and
the National Park Service General Authorities Act (Pub. L. 64-235, 39
Stat. 535 and Pub. L. 91-383, 84 Stat. 825 as amended, repealed, or
replaced by Pub. L. 113-287, 128 Stat. 3094 (formerly codified at 16
U.S.C. 1, 2-4 and 16 U.S.C. 1a-1 et seq., now codified at 54 U.S.C.
100101-100102, 54 U.S.C. 100301-100303, 54 U.S.C. 100501-100507, 54
U.S.C. 100701-100707, 54 U.S.C. 100721-100725, 54 U.S.C. 100751-100755,
54 U.S.C. 100901-100906, 54 U.S.C. 102101-102102)); 16 U.S.C. 156; 16
U.S.C. 157; 16 U.S.C. 157c; and 16 U.S.C. 157d.
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.
Markwayne Mullin,
Secretary of Homeland Security,
[FR Doc. 2026-09752 Filed 5-14-26; 8:45 am]
BILLING CODE 9111-14-P
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</html>Indexed from Federal Register on May 15, 2026.
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.