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Biden Admin Waives Numerous Federal Laws to Construct a Border Wall in South Texas

Biden Admin Waives Numerous Federal Laws to Construct a Border Wall in South Texas

Mayorkas: “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…”


The left is sssoooo mad right now! President Biden broke his promise not to build another foot of the border wall.

Biden said he had no choice but to continue the construction of the wall because of the appropriated funds:

BIDEN: “The money was appropriated for the border wall. I tried to get them to re-appropriate, to re-direct that money. They didn’t. They wouldn’t. And in the meantime there’s nothing under the law other than they have to use money for whatever is appropriated. I can’t stop that.”

Department of Homeland Security Alejandro Mayorkas said otherwise:

The United States Border Patrol’s (Border Patrol) Rio Grande Valley Sector is an area of “high illegal entry.” As of early August 2023, Border Patrol had encountered over 245,000 such entrants attempting to enter the United States between ports of entry in the Rio Grande Valley Sector in Fiscal Year 2023.

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 [Illegal Immigration Reform and Immigrant Responsibility Act of 1996]. 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.

I can already hear the screams from environmentalists and climate change zealots because Mayorkas waived some issues near and dear to their hearts. Here are a few

  • The National Policy Act
  • The Endangered Species Act
  • The Federal Water Pollution Control Act (aka the Clean Air Act)
  • National Wildlife Refuge System Administration Act


I think using the appropriated funds is the least of everyone’s worries. But Biden still thinks a wall won’t work:

REPORTER: “Do you believe the border wall works?”
BIDEN: “No.”

It presents a new challenge but we have seen illegal immigrants scaling the walls already built.


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So now they have enough illegals. Democrats will be intolerant of Hispanics except for a special gate for Venezuelans.

Cool. Nice to know that a Border wall is no longer xenophobic nor is it a monument to racism. Instead it is a necessary component of National Security, critical for the defense of the homeland and absolutely required for the protection of the American People.

The Gentle Grizzly | October 5, 2023 at 3:20 pm

“I built a border wall!” will be part of the Biden campaign.

I predict that within the next several months, there will be a clampdown at the border that’s pretty tight. After all, there is an election coming.

Maybe Myajorkas should have thought about this BEFORE he auctioned off all the wall building material stockpiled during the Trump admin at pennies on the dollar?

Now they taxpayers get to buy it back at a premium price.

I’ll believe it when I see it. 2024 is right around the corner and the internal polls must be really bad for Brandon’s handlers to even float this.

2smartforlibs | October 5, 2023 at 3:44 pm

Don’t fall for the head fake people. This is a border gate, not a wall. This is election season and the left already has the focus group info.

    This is not a change of heart on securing the border. It’s an attempt to stop losing Democrat support in the Lower Rio Grande Valley. Loss of voters in the LRGV upsets their turn Texas blue plans. It’s just a show as their plan is to “construct physical barriers and roads in the vicinity of the border.” I take that to mean after the crossing has been made. If only we could devise some kind of floating barrier in the river itse….

ThePrimordialOrderedPair | October 5, 2023 at 3:48 pm

First, Mayorkas and Traitor Joe need to unweld, close, and reweld the border wall that they welded open.

Secondly, the first order of business of the new Speaker needs to be to impeach Mayorkass and Garland (and a whole bunch of others) and stop the funding to any and all parts of the DOJ and Homeland Security that are taking treasonous actions against America.

How about the House starting to hold some of these traitors in contempt (subpoena them and then issue contempt citations when they lie or don’t appear) and have the House Sergeant-at-arms arrest them?

Lastly, DO NOT allow Traitor Joe and his junta to get any more money after this criminal CR runs out. Pass a funding bill that cuts the hell out the feral government and defunds all sorts of positions and forces all sorts of things and let the dems shut the government down if that’s what they want. This is the most important.

Make it part of impeachment. The about face reinforces the dishonesty and cruelty of a truly sleazy dog owner. Biden’s high crime against humanity, the border. How many people have been ruined in its wake?

And the Biden Administration still bats 1,000 for doing it the wrong way.

Mayorkas waived some issues near and dear to their hearts. Here are a few
The National Policy Act
The Endangered Species Act
The Federal Water Pollution Control Act (aka the Clean Air Act)
National Wildlife Refuge System Administration Act

“Act?” These are not “regulations,” they are laws. Under what constitutional authority does the Executive Branch “waive” laws?

    ChrisPeters in reply to henrybowman. | October 5, 2023 at 4:18 pm

    Your point is well taken, but I wonder if the action to “waive” is a trap of sorts. Allow the action, and you are allowing an overreach by the Executive branch. Deny it, and they will claim that their hands are tied, and thus unable to stop the invasion.

    fscarn in reply to henrybowman. | October 5, 2023 at 5:23 pm

    “Among the laws the Biden administration is bypassing to build the wall are several of the same statutes the administration has in the past moved to protect, including: the National Environmental Policy Act, the Endangered Species Act, the Clean Water Act and the Clean Air Act….”

    Bypassing? Clever euphemism; it’ll go over most peoples’ heads.

    “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States . . .”

    “[H]e [the President] shall take Care that the Laws be faithfully executed”

    CommoChief in reply to henrybowman. | October 5, 2023 at 10:05 pm

    Congress granted the authority to waive them under certain conditions ‘as the Secretary shall determine’.

    Nothing that the DC establishment likes better than to grant the Executive Branch the ability to get around what Congress might pass into law. Everyone is a winner, Congress tells the voters ‘we did something, we passed a law’, the Executive Branch can ignore it and Congress can then blame the Executive Branch (but usually not when it is a President of their own Party) and fundraise off it. All the while telling voters ‘gosh darn it we need more $ and more votes to elect a bigger majority to fix X’. Of course it wouldn’t need fixing if Congress chose to write tighter legislation in the first place but then voters would only have Congress to blame and that’s not healthy for politicians political careers so…here we are.

    The silver lining is SCOTUS may actually neuter Chevron which in turn will upend the administrative state which this sort of crap, but not this particular action, comes from. Agencies won’t be able to do jack except what Congress and the Constitution explicitly grants them the authority to do. Agencies will still have the traditional ability to take actions in furtherance of necessary implicit things within that explicit framework but will be every much constrained compared to today.

If they were being forced to build the wall, then they would do it on the quietest part of the border they could find: like the Alaska/Canada line. But, their doing it in a major hot spot, which tells you they’re lying.

Build a wall . . .

. . . and kill ALL welfare and freebies for the illegals. We need to eliminate the incentives for them to come here.

Apparently, Biden sold the border wall parts worth $300 million for $2 million.

At least it wasn’t $85 billion.

What a pile of steaming garbage. This dotard’s administration is doing everything in its power to enable mass illegal immigration. Literally thousands daily. He couldn’t give a rat’s ass about border security.

This after 6 or 7 years. I lost my friends because of these evil people (helped in no small part by the willing media). I have one friend (maybe former friend is more accurate) who still believes that Trump colluded with Russia. I kept my mouth shut for years because every day couldn’t be an argument. Meanwhile, these people are destroying the US and the world. Now they are backpedaling. But the damage is done. How long until they admit boys are not girls and girls are not boys? How long until they admit that Covid came from China? That masks don’t work? How long until they admit that Biden is corrupt? That climate change hysteria is ridiculous? That not everyone white is racist and that not everyone not white is not a victim? That The NY Times is leftist propaganda? That the Iranians are building a nuclear bomb and we’re helping?

They are destroying lives and they don’t care.

    diver64 in reply to Stuytown. | October 5, 2023 at 5:29 pm

    I lost no friends because I don’t surround myself with fickle non-serious people. The ones all in on the experimental shots and face diapers understood my position and we are still friends.

Hey! Despite knowing the 2020 election was fraudulent, we (the people) allowed him to remain in power.

The money was appropriated but after 4yrs of an open border Brandon decided to build part of Trumps Wall. Nothing in the appropriation forced him to wave federal law to do it so he is a liar as usual.

This will do nothing but concentrate the illegals to a few choke points so that the Border Patrol can better round them up and send them by bus and plane to a town near you

Yeah, closing the border after the barbarians are all in is too little too late and they fkin know it.

Cages for illegal alien kids and border walls are morally acceptable, as long as it is a Dumb-o-crat President constructs them.

— Dumb-o-crat logic

American Thinker article today says we have had the state of Tennessee or Massachusetts added just this year worth of illegals.

Too bad Trump never followed through with his promise to “Build the Wall!” which was the climax of all of his campaign speeches. I’m thinking that Trump needs to take some Viagra before he makes this promise again.

    Suburban Farm Guy in reply to JR. | October 5, 2023 at 6:51 pm

    Downvoted for ignorant Trump Deranged bullshite. You should get professional help to evict him from living rent-free in your head

    DaddyO in reply to JR. | October 5, 2023 at 7:00 pm

    I am sure the internet or tv service was out in your mom’s basement, but he was sued and challenged at every moment over building the wall. so maybe that’s why you think you can make a stupid comment like that.

    Paddy M in reply to JR. | October 5, 2023 at 8:19 pm

    But, but Trump!1!11!!

    CommoChief in reply to JR. | October 5, 2023 at 10:17 pm

    It really is too bad Trump didn’t use his VETO to reject the budget Ryan and McConnell sent him that lacked the funding for the border wall, his central campaign promise. To this day he yet to offer a satisfactory explanation for why decided not to fight for his central campaign promise and use his VETO.

    It would have been much simpler and far more straightforward to tell Ryan and McConnell to pound sand and then VETO every single budget they sent until sufficient funding for the border wall was appropriated by Congress for that purpose.

They should have saved a bunch of words and simply said “TRUMP WAS RIGHT”

Now the wall is to keep people in…. just like the Dem’s fellow countries… North Korea and the old USSR… now the USSA.

they might build a little bit of wall but the main part of the construction project will be the road building. They will build enough roadway to move migrants away from this sector 24/7.
On another front how does the executive branch just suddenly waive existing laws?

It seems I placed a comment about white Christian countries and it vanished or I simply can’t remember which thread. I hope it is the latter.

A little update to the “Wall”. It will be movable and not anything like the steel wall that Trump built. If it is movable you can imagine how secure it will be. This is a big city appeasement policy only.

Wall? What wall? Mayorkas says, we don’t need no steenkeeng wall!!