This document is scheduled to be published in the
Federal Register on 07/01/2019 and available online at
https://federalregister.gov/d/2019-14003, and on govinfo.gov

Billing Code 9111-14
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.
SUMMARY: The Acting 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 Starr County, Texas.
DATES: This determination takes effect on [INSERT DATE OF PUBLICATION IN THE
FEDERAL REGISTER].
SUPPLEMENTARY INFORMATION:
Important missions 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, § 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 from Congress, the President’s Executive Order on Border Security and Immigration

 Enforcement Improvements directed executive departments and agencies to deploy all lawful
means to secure the southern border. Executive Order 13767, § 1. In order to achieve that end,
the President directed, among other things, that I take immediate steps to prevent all unlawful
entries into the United States, including the immediate construction of physical infrastructure to
prevent illegal entry. Executive Order 13767, § 4(a).
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 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, § 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 110161, Div. E, Title V, § 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 the installation of additional fencing, barriers, roads, lighting, cameras, and sensors on
the southwest 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’s (Border Patrol) Rio Grande Valley Sector is an area of
high illegal entry. In fiscal year 2018 alone, the Border Patrol apprehended over 162,000 illegal
aliens attempting to enter the United States between border crossings in the Rio Grande Valley
Sector. In that same year, the Border Patrol had over 1,400 separate drug-related events between
border crossings in the Rio Grande Valley Sector, through which it seized over 204,000 pounds
of marijuana, over 1,850 pounds of cocaine, over 16 pounds of heroin, and over 750 pounds of
methamphetamine.
Owing to the high levels of illegal entry within the Rio Grande Valley Sector, I must use
my authority under section 102 of IIRIRA to install additional physical barriers and roads in the
Rio Grande Valley Sector. Therefore, DHS will take immediate action to construct barriers and
roads. The areas in the vicinity of the border within which such construction will occur are more
specifically described in Section 2 below. Such areas are not located within any of the areas
identified in sections 231 and 232(c) of title II of division A of the Fiscal Year 2019 DHS
Appropriations Act. See Pub. L. No. 116-6, Div. A, Title II, §§ 231-232.
Section 2
I determine that the following areas in the vicinity of the United States border, located in
the State of Texas within the Border Patrol’s Rio Grande Valley Sector, are areas of high illegal
entry (the “project areas”):
Starting at the southernmost boundary of the Arroyo Ramirez Tract of the Lower Rio
Grande Valley National Wildlife Refuge and extending north to County Road 650; and
Starting approximately one-tenth (0.10) of a mile north of the northernmost boundary of
the Las Ruinas Tract of the Lower Rio Grande Valley National Wildlife Refuge and
extending to approximately one and one-half (1.50) miles south and east of the

 southernmost boundary of the Las Ruinas Tract of the Lower Rio Grande Valley National
Wildlife Refuge.
There is presently an acute and immediate need to construct 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 areas pursuant to sections 102(a) and 102(b) of IIRIRA. In order
to ensure the expeditious construction of the barriers and roads in the project areas, 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 roads and physical barriers (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 areas, 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. 89665, 80 Stat. 915 (Oct. 15, 1966), as amended, repealed, or replaced by Pub. L. 113-287, 128
Stat. 3094 (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, 93 Stat. 721 (Oct. 31,

 1979) (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
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, 74 Stat. 220 (June 27, 1960) as amended, repealed, or replaced by Pub. L. 113-287, 128
Stat. 3094 (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 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. 3201-320303 & 320101-320106); the Farmland
Protection Policy Act (7 U.S.C. 4201 et seq.); the Federal Land Policy and Management Act
(Pub L. 94-579, 90 Stat. 2743 (Oct. 21, 1976) (43 U.S.C. 1701 et seq.)); the National Wildlife
Refuge System Administration Act (Pub. L. 89-669, 80 Stat. 926 (Oct. 15, 1966) (16 U.S.C.
668dd-668ee)); National Fish and Wildlife Act of 1956 (Pub. L. 84-1024, 70 Stat. 1119 (Aug. 8,
1956) (16 U.S.C. 742a, et seq.)); the Fish and Wildlife Coordination Act (Pub. L. 73-121, 48
Stat. 401 (March 10, 1934) (16 U.S.C. 661 et seq.)); the National Trails System Act (16 U.S.C.
1241 et seq.); the Administrative Procedure Act (5 U.S.C. 551 et seq.); the Rivers and Harbors
Act of 1899 (33 U.S.C. 403); 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.); and the American
Indian Religious Freedom Act (42 U.S.C. 1996).
I reserve the authority to execute further waivers from time to time as I may determine to
be necessary under section 102 of IIRIRA.

 Kevin K. McAleenan,
Acting Secretary of Homeland Security
[FR Doc. 2019-14003 Filed: 6/28/2019 8:45 am; Publication Date: 7/1/2019]