The Department of Homeland Security (DHS) has issued a new determination expanding its waiver authority to facilitate the rapid construction of border barriers and related infrastructure within Texas’s Big Bend Sector.
The notice amends a February 17, 2026 determination and adds additional legal requirements that DHS is waiving in order to expedite construction activities along the southern border. The determination is scheduled for publication in the Federal Register on July 2, 2026.
Big Bend Sector Identified as High Illegal Entry Area
DHS determined that the Big Bend Sector remains an area of high illegal entry and significant smuggling activity.
According to the agency, between fiscal years 2021 and 2025:
- More than 89,000 migrants were apprehended attempting to enter between ports of entry;
- Border Patrol seized more than 87,000 pounds of marijuana;
- More than 1,100 pounds of methamphetamine were confiscated;
- Significant quantities of cocaine, heroin, and fentanyl were also seized.
Based on these findings, DHS concluded there is an “acute and immediate need” for additional barriers and roads within the project area.
Where Construction Will Occur
The project area covers a substantial portion of Texas’s Big Bend Sector, extending from approximately:
- GPS Point: 31.037623, -105.579877
- To GPS Point: 29.325866, -104.046466
The project may include:
- Physical border barriers
- Access roads
- Staging areas
- Drainage systems
- Erosion control measures
- Security lighting
- Cameras and sensors
- Other supporting infrastructure necessary for border enforcement operations.
Laws Waived by DHS
Under Section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), the Secretary of Homeland Security may waive legal requirements deemed necessary to ensure the expeditious construction of border barriers and roads.
The determination waives compliance with numerous federal laws, including:
Environmental Laws
- National Environmental Policy Act (NEPA)
- Endangered Species Act
- Clean Water Act
- Clean Air Act
- Safe Drinking Water Act
- Resource Conservation and Recovery Act
- Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
Historic and Cultural Resource Laws
- National Historic Preservation Act
- Archaeological Resources Protection Act
- Paleontological Resources Preservation Act
- Native American Graves Protection and Repatriation Act
- Antiquities Act
Wildlife and Natural Resource Protections
- Migratory Bird Treaty Act
- Eagle Protection Act
- National Fish and Wildlife Act
- Fish and Wildlife Coordination Act
- Wild Horse and Burro Act
- Wild and Scenic Rivers Act
Administrative and Land Management Requirements
- Administrative Procedure Act
- Federal Land Policy and Management Act
- Rivers and Harbors Act of 1899
- Additional federal, state, and related legal requirements associated with the listed statutes.
Authority for the Waiver
DHS relies on authority granted by Congress under Section 102 of IIRIRA.
The statute requires DHS to take actions necessary to install barriers, roads, and related infrastructure in areas of high illegal entry and authorizes the Secretary to waive legal requirements that may delay construction.
The agency also referenced Executive Order 14165, issued on January 20, 2025, directing DHS to take appropriate action to secure operational control of the southern border through physical barriers and related infrastructure.
Erickson Insights and Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.