Mayorkas cites ‘immediate need’ to waive regulations, build border wall in Texas as immigration surges

DHS Secretary Alejandro Mayorkas is citing an “acute and immediate need” to waive dozens of federal laws to build a border wall in south Texas where illegal migration has surged. 

It’s a sharp contrast to dismissals of the use of such barriers in the early days of the administration.

The agency posted an announcement on the U.S. Federal Register that outlines construction in Starr County in the Rio Grande Valley Sector, where the administration says there is “high illegal entry.” The agency says there have been over 245,000 migrant encounters in the sector this fiscal year.

Mayorkas says he is using his authority provided by Congress to waive 26 federal laws, including the Clean Air Act, Safe Drinking Water Act and Endangered Species Act.

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“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 [the Illegal Immigration Reform and Immigrant Responsibility Act of 1996],” Mayorkas said.

The administration had put a halt to new border wall construction in early 2021, after Biden had promised as a presidential candidate that there would “not be another foot of wall constructed on my administration.” The administration said wall construction under the Trump administration was “just one example of the prior administration’s misplaced priorities and failure to manage migration in a safe, orderly and humane way.”

However, the construction is funded by the fiscal year 2019 DHS appropriations bill, which specifically funded wall projects in the RGV Sector and which DHS is required to use for its appropriated purpose.

Customs and Border Protection (CBP) announced plans for up to 20 miles of wall in the RGV Sector in June. The administration previously made moves to close gaps and replace gates and says such projects prioritize the completion of activities and projects to address life, safety and operational risks – including the safety of individuals, Border Patrol agents and migrants. 

A CBP spokesperson confirmed to Fox News Digital the waiver is for barrier projects announced in June, and it will cover approximately 17 miles in Starr County. The spokesperson said the project is consistent with DHS’ plan to fulfill President Biden’s Jan. 20, 2021, proclamation that “ended the diversion of funds for border wall from military projects or other sources while calling for the expenditure of any funds Congress appropriated for barrier construction consistent with their appropriated purpose.”

“CBP remains committed to protecting the nation’s cultural and natural resources and will implement sound environmental practices as part of the project covered by this waiver,” the spokesperson said.

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The announcement comes as the Biden administration is facing a fresh surge in illegal immigration, leading to record-high numbers at the southern border and intense political criticism from both Republicans and Democrats. Customs and Border Protection (CBP) sources told Fox News last week there were more than 260,000 encounters in September, which would be the highest monthly total on record.

Republicans have blamed the historic numbers on the Biden administration’s policies, including its rollback of Trump-era policies and its halt to border wall construction. The administration has also drawn criticism from Republicans for selling off border wall materials and for suing Texas over a border barrier it built in the Rio Grande.

“President Trump is always right,” the Trump campaign said in a statement to Fox News Digital. “That’s why he built close to 500 miles of powerful new wall on the border, and it would have been finished by now. Instead, Crooked Joe Biden turned our country into one giant sanctuary for dangerous criminal aliens.”

The administration has said Congress needs to provide more funding and pass legislation to fix the “broken” system with which it says it is working.

Meanwhile, the administration is getting growing calls for more action from liberal states and cities that have been overwhelmed by the escalating numbers, including ways to limit illegal immigrants from entering.

“Well, we want them to have a limit on who can come across the border. It is too open right now,” New York Gov. Kathy Hochul said Sunday. “People coming from all over the world are finding their way through simply saying they need asylum. 

Fox News’ Brooke Singman, Bill Melugin and The Associated Press contributed to this report.