DHS Waives Certain Laws to Speed Border Wall Construction in New Mexico
Published Oct 2, 2026Effective Oct 2, 2026
The Secretary of Homeland Security has determined, under section 102 of IIRIRA, that certain federal and state legal requirements will be waived to allow expedited construction of border barriers and roads in a segment of New Mexico within the El Paso Sector. The determination took effect on October 2, 2026.
Key points
- DHS invoked its authority under IIRIRA section 102(c) to waive legal requirements related to the construction of physical barriers and roads.
- The waiver applies to a project area in New Mexico stretching between Border Monuments 71, 53, 40, and 1.
- Waived provisions include a federal water rights statute, the New Mexico Water Code, and related New Mexico administrative regulations.
- DHS cited over 1.24 million apprehensions and large drug seizures in the El Paso Sector between fiscal year 2021 and August 2026 as justification.
- The determination does not affect or revoke any other previously issued section 102 waivers.
Who is affected
This affects landowners, water rights holders, and local authorities in the project area of the El Paso Sector in New Mexico where construction will occur.
What to do
No action is required from visa applicants or immigration petitioners, as this notice concerns border infrastructure construction rather than visa or immigration benefit processing.
Original title: Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended
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This summary was produced with AI from the official announcement. Only the official source is authoritative.