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Homeland Security waiver allows feds to bypass environmental rules to build border wall

By The Associated Press - | Apr 9, 2025

Border Patrol agents and members of the military stand inside a gate in one of two border walls separating Mexico from the United States during a news conference on joint operations involving the military and the Border Patrol, Friday, March 21, 2025, in San Diego. (AP Photo/Gregory Bull)

WASHINGTON (AP) — A waiver issued Tuesday by the U.S. Department of Homeland Security allows the federal government to bypass environmental regulations and begin construction immediately on stretches of the border wall in Southern California.

Homeland Security said in a statement that the waiver signed by Secretary Kristi Noem will “cut through bureaucratic delays” and forego dozens of laws including the National Environmental Policy Act, which requires federal agencies to evaluate the effects of their actions on the environment.

It’s the first environmental waiver of President Donald Trump’s second term. Officials said the decision will fast-track U.S. Customs and Border Protection’s construction of about 2 1/2 miles (4 kilometers) of the wall south of San Diego and further east near Jacumba Hot Springs, California.

“This waiver clears the path for the rapid deployment of physical barriers where they are needed most, reinforcing our commitment to national security and the rule of law,” the statement said.

The advocacy group Earthjustice derided the decision to sidestep environmental laws.

“Waiving environmental, cultural preservation, and good governance laws that protect clean air and clean water, safeguard precious cultural resources, and preserve vibrant ecosystems and biodiversity will only cause further harm to border communities and ecosystems,” Cameron Walkup, an associate legislative representative for Earthjustice, said in a statement.

Securing the southern border is a top priority for the Trump administration. U.S. Border Patrol Deputy Chief David BeMiller said Tuesday that more than 50 miles (81 kilometers) of permanent and temporary sections of the wall have been constructed since Trump was inaugurated Jan. 20. The goal is to complete about 1,400 miles (2,250 kilometers) of uninterrupted border barrier.

BeMiller estimated that officers were arresting about 220 people a day for illegal crossings from Mexico.