Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended
| Published date | 01 October 2019 |
| Citation | 84 FR 52118 |
| Record Number | 2019-21188 |
| Section | Notices |
| Court | Homeland Security Department |
Federal Register, Volume 84 Issue 190 (Tuesday, October 1, 2019)
[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Notices]
[Pages 52118-52120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21188]
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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.
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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 Cameron County, Texas and Hidalgo County,
Texas.
DATES: This determination takes effect on October 1, 2019.
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, Sec. 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, Sec. 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 110-161, Div. E, Title V, Sec. 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. Between October 1, 2018, and
August 31, 2019, the Border Patrol apprehended over 325,000 illegal
aliens attempting to enter the United States between border crossings
in the Rio Grande Valley Sector. In that same time period, the Border
Patrol had over 900 separate drug-related events between border
crossings in the Rio Grande Valley Sector, through which it seized over
112,000 pounds of marijuana, over 2,300 pounds of cocaine, over 90
pounds of heroin, and over 1,600 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 construct roads and mechanical gates within
gaps of existing barriers in the vicinity of the United States border
in the Rio Grande Valley Sector. The areas in the vicinity of the
border within which such construction will occur are more specifically
described in Section 2 below. Such
[[Page 52119]]
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 Public Law 116-6, Div. A, Title II, Sec. Sec.
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''):
In Cameron County, starting approximately one-tenth (0.1)
of a mile west of a gap in the existing barrier commonly referred to as
the Sabal Palm gate location, which is situated approximately one-half
(0.5) of a mile south of the intersection of Sabal Palm Grove Road and
Southmost Road, and extending to approximately one-tenth (0.1) of a
mile northeast of the Sabal Palm Gate location.
In Cameron County, starting approximately one-tenth (0.1)
of a mile west of a gap in the existing barrier commonly referred to as
the Landrums gate location, which is situated approximately two-tenths
(0.2) of a mile southeast of the intersection of Military Highway and
South Sam Houston Boulevard, and extending to approximately one-tenth
(0.1) of a mile east of the Landrums gate location.
In Cameron County, starting approximately one-tenth (0.1)
of a mile north of a gap in the existing barrier commonly referred to
as the Rio Grande Avenue gate location, which is situated immediately
east of the intersection of Rio Grande Avenue and Robertson Road, and
extending to approximately one-tenth (0.1) of a mile south of the Rio
Grande Avenue gate location.
In Cameron County, starting approximately one-tenth (0.1)
of a mile west of a gap in the existing barrier, commonly referred to
as the Robertson Road gate location, which is situated immediately
north of the intersection of Robertson Road and Rio Grande Avenue, and
extending to approximately one-tenth (0.1) of a mile east of the
Robertson Road gate location.
In Hidalgo County, starting approximately one-tenth (0.1)
of a mile northwest of a gap in the existing levee wall commonly
referred to as the 263 Road gate location, which is situated on the
International Boundary Water Commission (``IBWC'') levee approximately
one-quarter (0.25) of a mile southwest of the intersection of Military
Road and Domingo Trevino Drive, and extending to approximately one-
tenth (0.1) of a mile southeast of the 263 Road gate location.
In Hidalgo County, starting approximately one-tenth (0.1)
of a mile north of a gap in the existing levee wall commonly referred
to as the Strawberry Farms gate location, which is situated on the IBWC
levee approximately four-tenths (0.4) of a mile southwest of the
intersection of Villarre Crispin Street and Military Road, and
extending to approximately eight-tenths (0.8) of a mile southeast of
the Strawberry Farms gate location.
In Hidalgo County, starting approximately one-tenth (0.1)
of a mile northwest of a gap in the existing levee wall commonly
referred to as the Hoki's gate location, which is situated on the IBWC
levee approximately nine-tenths (0.9) of a mile southeast of the
intersection of Chihuahua Road and Military Road, and extending to
approximately one-tenth (0.1) of a mile southeast of the Hoki's gate
location.
In Hidalgo County, starting approximately one-tenth (0.1)
of a mile northwest of a gap in the existing levee wall commonly
referred to as the Metz Farms gate location, which is situated on the
IBWC levee approximately six-hundredths (.06) of a mile southeast of
the intersection of Chihuahua Road and Military Road, and extending to
approximately one-tenth (0.1) of a mile southeast of the Metz Farms
gate location.
In Hidalgo County, starting approximately one-tenth (0.1)
of a mile west of the gap in the existing levee wall, commonly referred
to as the Mudhole Road gate location, which is located on the IBWC
levee approximately one-tenth (0.1) of a mile southeast of the
intersection of Manuelita Rios Road and Farm to Market Road 1427, and
extending to approximately one-tenth (0.1) of a mile east of the
Mudhole Road gate location.
In Hidalgo County, starting approximately one-tenth (0.1)
of a mile northwest of a gap in the existing levee wall commonly
referred to as the Boat Ramp Gate (Cistern) gate location, which is
situated four-tenths (0.4) of a mile northwest of the intersection of
County Road 1598 and the IBWC levee, and extending to approximately
one-half (.0.5) of mile southeast of the Boat Ramp Gate (Cistern) gate
location.
In Hidalgo County, starting approximately one-tenth (0.1)
of a mile southwest of a gap in the existing levee wall commonly
referred to as the Fuller gate location, which is situated at the
intersection County Road 1598 and the IBWC levee, and extending to
approximately six-tenths (0.6) of a mile east of the Fuller gate
location.
In Hidalgo County, starting approximately one-tenth (0.1)
of a mile north of a gap in the existing levee wall commonly referred
to as the Basin Ramp (PGR) gate location, which is situated
approximately one-tenth (0.1) of a mile southwest of where Desiga Way
terminates at Progresso Settling Basin, and extending to approximately
one-tenth (0.1) of a mile south of the Basin Ramp (PGR) gate location.
In Hidalgo County, starting approximately one-tenth (0.1)
of a mile southwest of a gap in the existing levee wall commonly
referred to as the Progresso Pump gate location, which is situated
approximately two-tenths (0.2) of mile southwest of the intersection of
Moon Lake Drive South and the IBWC levee, and extending to
approximately one-tenth (0.1) of a mile northeast of the Progresso Pump
gate location.
In Hidalgo County, starting approximately two-tenths (0.2)
of a mile west of a gap in the existing levee wall commonly referred to
as the Octavio Garcia Ramp gate location, which is situated three-
hundredths (0.03) of a mile east of the intersection of County Road 793
and County Road 1702, and extending to approximately one-tenth (0.1) of
a mile east of the Octavio Garcia Ramp gate location.
In Hidalgo County, starting approximately seven-tenths
(0.7) of a mile west of a gap in the existing levee wall commonly
referred to as the Beckwith Ramp gate location, which is situated at
the intersection of County Road 793 and County Road 1706, and extending
to approximately one-tenth of a mile east of the Beckwith Ramp gate
location.
In Hidalgo County, starting approximately one-half (0.5)
of a mile west of a gap in the existing levee wall commonly referred to
as the Swamp Refuge gate location, which is situated approximately
four-tenths (0.4) of a mile east of the intersection of County Road 793
and County Road 1706, and extending to approximately one-tenth (0.1) of
a mile east of the Swamp Refuge gate location.
In Hidalgo County, starting approximately six-tenths (0.6)
of a mile northwest of a gap in the existing levee wall commonly
referred to as the Fuller Ramp gate location, which is situated
approximately one (1) mile east of the intersection of County Road 793
and County Road 1706, and extending to approximately one-tenth (0.1) of
a mile southeast of the Fuller Ramp gate location.
In Hidalgo County, starting approximately one-tenth (0.1)
of a mile southwest of a gap in the existing levee wall commonly
referred to as the East of Hidalgo Port of Entry gate location, located
approximately two-tenths (0.2)
[[Page 52120]]
of a mile southwest of the intersection of International Boulevard and
South Bridge Street, and extending to approximately one-tenth (0.1) of
a mile northeast of the East of Hidalgo Port of Entry gate location.
In Hidalgo County, starting approximately one-tenth (0.1)
of a mile northwest of a gap in the existing levee wall commonly
referred to as the Bell Brothers Road gate location, which is situated
at the intersection of Cantu Trail Road and the IBWC levee, and
extending to approximately one-tenth (0.1) of a mile southeast of the
Bell Brothers Road gate location.
In Hidalgo County, starting approximately six-tenths (0.6)
of a mile southwest of a gap in the existing levee wall commonly
referred to as the McManus Farms gate location, which is situated at
the intersection of County Road 1582 and the IBWC levee, and extending
to approximately one-tenth (0.1) of a mile southeast of the McManus
Farms gate location.
In Hidalgo County, starting approximately one-tenth (0.1)
of a mile southwest of a gap in the existing levee wall commonly
referred to as the American Farms gate location, which is situated at
the intersection of County Road 1594 and the IBWC levee, and extending
to approximately one-tenth (0.1) of a mile northeast of the American
Farms gate location.
In Hidalgo County, starting approximately one-tenth (0.1)
of a mile southwest of a gap in the existing levee wall commonly
referred to as the Munoz gate location, which is situated approximately
two-tenths (0.2) of a mile northeast of the intersection of County Road
1594 and the IBWC levee, and extending to approximately one-tenth (0.1)
of a mile northeast of the Munoz gate location.
In Hidalgo County, starting approximately one-tenth (0.1)
of a mile northwest of the Penitas Pump House on the IBWC levee and
extending in a southeasterly direction for approximately one-quarter
(0.25) of a mile to a point on the IBWC levee.
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. 89-665, 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 Coastal Zone Management Act (Pub. L. 92-583
(16 U.S.C. 1451 et seq.)); 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).
This waiver does not revoke or supersede the previous waivers
published in the Federal Register on April 8, 2008, (73 FR 19077 and 73
FR 19078) and October 11, 2018, (83 FR 51472), which shall remain in
full force and effect in accordance with their respective terms. 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. 2019-21188 Filed 9-30-19; 8:45 am]
BILLING CODE 9111-14-P
