Michael Chertoff's Explanation for Exercise of Waiver Authority

Securing the Border: A Priority for DHS. In order to secure our homeland, we have to secure our borders. For at least the past decade, illegal entry into the United States along our southwestern border has been a significant problem. The flow of illegal traffic through the border region imperils our ability to fight terrorism by stopping the illegal entry of terrorists, and exposes our border communities-and the rest of the United States-to the ill effects of drug smuggling, human smuggling, and gang activity. Illegal border traffic has also caused severe and profound impacts to the environment.

Congress's Mandate. Mindful of these things, Congress called upon the Department of Homeland Security (DHS) to construct-in the most expeditious manner possible-the infrastructure necessary to deter and prevent illegal entry on our southwestern border, including pedestrian and vehicle fencing, roads, and virtual detection technology. Section 102(b) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) requires installation of fencing, barriers, roads, lighting, cameras, and sensors on not less than 700 miles of the southwestern border. This total includes 370 miles of priority pedestrian fencing to be completed in 2008, in areas most practical and effective in deterring smugglers and aliens attempting to gain illegal entry into the United States. Congress has insisted, and I have promised, that DHS will meet this goal.

DHS's Successes. In recent years, through the deployment of additional personnel, tactical infrastructure, and technology, DHS and its components have made great strides in effectively securing the border and reducing the number of people that illegally enter the United States through this region. We already have constructed 309 miles of border fencing along the southwest border.

Congressionally-Granted Waiver Authority: To Ensure Congress's Goal Is Met. In addition to its mandate for additional roads and barriers, Section 102(c) of IIRIRA grants to me the authority to waive all legal requirements that I, in my sole discretion, determine necessary to ensure expeditious construction of this much-needed border infrastructure. As envisioned by Congress-and in order to meet DHS's congressionally-mandated timeline for completion-I exercised this authority today by signing two waivers to ensure the expeditious construction of the important border infrastructure projects that are underway or planned for completion. The waivers cover approximately 470 miles of border, on which we plan to construct and install the border barriers specified by Congress in Section 102 of IIRIRA. I employed this authority to ensure that these projects will proceed without unnecessary delays caused by administrative processes or potential litigation. These waivers should cover the remainder of additional fence construction that will be accomplished in 2008.
DHS's Environmental Stewardship Has Been-And Will Be Continue to Be-Strong. Although the exercise of my authority under Section 102(c) of IIRIRA means that certain laws will be waived, DHS is neither compromising its commitment to responsible environmental stewardship nor its commitment to solicit and respond to the needs of state, local, and tribal governments, other agencies of the federal government, and local residents.

For example, for the majority of the miles covered by the waiver, we have prepared either a draft environmental assessment or an environmental impact statement. (For all of the miles on which we plan to build pedestrian fencing, we have prepared at least a draft environmental assessment or environmental impact statement.) For a number of these miles, it was determined that the proposed border infrastructure would have only insignificant impacts on the environment and cultural resources. DHS has also begun the environmental process for the roughly 22 miles covered by the Hidalgo waiver. We will continue to take the results of this work into account-even after the waivers-in our building and construction. For the rest of the area, DHS will continue to engage with federal and state resources management agencies and the local community to carefully identify natural, biological and cultural resources potentially affected by construction of border barriers, and we will identify ways to reduce