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DHS Waives Dozens of Laws to Speed Border Barriers in Big Bend

The move taps sweeping waiver powers that set aside landmark safeguards on a protected stretch of the Rio Grande.

Overview

  • Homeland Security, in a notice published Friday, invoked statutory waivers to bypass environmental and historic‑preservation laws and fast‑track about 60 miles of barriers and patrol roads in TexasBig Bend sector.
  • The waiver relies on authorities in the 1996 immigration law and the 2005 Real ID Act, clearing hurdles such as the Endangered Species Act, Clean Water Act, Clean Air Act, the Antiquities Act, NAGPRA, and the Archaeological and Historic Preservation Act.
  • Updated DHS planning maps show a shift from sensors and lights to new patrol roads and vehicle barriers along the Rio Grande, especially between Black Gap Wildlife Management Area and Amistad Reservoir, which includes NPS‑managed Wild and Scenic River reaches.
  • DHS says the sector faces high illegal entry and drug smuggling, citing 89,000 apprehensions from 2021 to 2025 and seizures of cocaine, methamphetamine, heroin, marijuana, and fentanyl to justify immediate construction.
  • Opposition from conservation groups and local businesses has intensified, with warnings about blocked river access, wildlife fragmentation, night‑sky impacts, and harm to rare mussels, while a separate report flagged a $1.7 billion contract labeled for Big Bend that has fueled confusion over where barriers will be built.