Why has the Biden administration approved construction of more walls in the US-Mexico border?

Once again, the only topic related to immigration discussed in Washington this week was the border wall.

On Thursday, during a press conference at the White House, President Biden was asked what had changed after the Department of Homeland announced it would continue the “construction of barriers and roads” at the US-Mexico border.

Initially, Presidnet Biden responded that “nothing” had changed, but quickly followed that statement up by saying that construction would be taking place because Congress had not “reappropriate” the funds. Arguing that he did not have the authority to stop the money from being used, the Presidnet sees the continuation of the border wall as a legislative decision that he does not wish to be involved with. Later, another reporter asked the president if he believed that “the border wall works” as a strategy, to which he responded, “no.”

The Department of Homeland Security clarifies position

Caught on the backfoot by the media, DHS Secretary Alejandro Mayorkas released a statement shortly after the White House press conference confirming that: “There is no new Administration policy with respect to border walls.”

“From day one, this Administration has made clear that a border wall is not the answer. That remains our position and our position has never wavered. The language in the Federal Register notice is being taken out of context and it does not signify any change in policy whatsoever,” said the Secretary. The Federal Register is a daily (weekdays only) journal published by the federal government that contains rule changes and public notices.

It’s not just about the wall

Thursday’s edition of the Federal Register includes a section wherein the DHS confirms that the Secretary had used their authority to “waive in their entirety [...] all of the following statutes, including all federal, state, or other laws, regulations, and legal requirements.” Those waived include the Clean Air Act, the Safe Drinking Water Act and the Endangered Species Act.

It’s not just about the wall

Activists and organizations are voicing concern over the fact that the Secretary used his authority to wave environmental protections. The Federal Registry states that “Congress granted to the Secretary of Homeland Security the authority to waive all legal requirements,” but many environmental activists don’t understand why he would take such an action.

If environmental protections limit further construction of the border wall because the structures put at risk access to clean water or populations of endangered species, it remains unclear to critics why the Secretary would use his authority to waive these laws. Representative Ro Khana agrees, releasing a video on X, formally known as Twitter, asking the Secretary to reverse the decision, arguing that such a move represents “a huge blunder” and “contradicts Presidnet Biden’s central promise not to continue construction of the wall.”

While the Biden Adminstration has been quick to affirm no that there has been no change in policy, no questions related to the choice of the Secretary to waive these environmental protections have been answered.