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The Biden Administration to Waive Laws to Build Additional Border Barriers

Washington
CNN
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The Biden administration has announced plans to waive 26 laws in order to build additional border barriers in the Rio Grande Valley. The decision was made in response to the escalating issue of “high illegal entry” into the United States, as stated in a notice posted to the Federal Register.

Construction of the wall will be funded using already allocated funds specifically intended for physical border barriers. The administration faced a deadline to use these funds and decided to proceed with the construction amid a surge in migrants and increasing pressure from both political parties to address the crisis.

According to federal data, Border Patrol reported almost 300,000 encounters in the Rio Grande Valley sector between October and August. Furthermore, last month alone, Border Patrol apprehended over 200,000 migrants attempting to cross the US-Mexico border, marking the highest total this year.

President Joe Biden, who initially promised not to build any more border wall, has faced challenges on the border since taking office. The influx of unaccompanied migrant children earlier this year caught officials off guard, and his immigration policies have faced opposition from both Republicans and Democrats.

The recent surge of migrants has added further strain on federal resources and has tested Biden’s latest border policies. This has resulted in renewed criticism from Republicans and growing concerns within the administration regarding this politically sensitive issue.

The Department of Homeland Security has determined the necessity to waive certain laws, regulations, and legal requirements in order to expedite the construction of barriers and roads in Starr County, Texas, along the US-Mexico border. Secretary Alejandro Mayorkas stated in the filing that this is crucial to prevent unlawful entries into the United States.

The construction of the wall will be funded through a 2019 appropriations bill that specifically allocated funds for a “border barrier” in the Rio Grande Valley. The funds must be spent by the end of fiscal year 2023, hence the decision to move forward with construction in south Texas this year.

US Customs and Border Protection had previously announced plans for the design and construction of up to 20 miles of new border barrier systems in Starr County, including essential infrastructure such as lighting poles, gates, cameras, and access roads. The agency sought public input on these plans in August and September.

Notably, the Biden administration will be bypassing several laws that were previously used to protect the environment, such as the National Environmental Policy Act, the Endangered Species Act, the Clean Water Act, and the Clean Air Act.

Despite the construction, a CBP spokesperson has assured that the agency remains committed to protecting the nation’s cultural and natural resources and implementing sound environmental practices.

Crossing of migrants at the US-Mexico border is expected to remain high in the near term, according to a senior US Customs and Border Protection official. However, additional commitments from Mexico are anticipated to eventually reduce the numbers.

This week, Secretary of Homeland Security Alejandro Mayorkas, Secretary of State Antony Blinken, Attorney General Merrick Garland, and White House Homeland Security adviser Dr. Liz Sherwood-Randall will meet with their Mexican counterparts in Mexico City for the annual security talks. Migration is expected to be a significant topic of discussion.

The Biden administration maintains that the US remains in regular contact with Mexico to address the situation at the southern border and reinforce enforcement efforts.

This story has been updated with additional information.

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