Trump administration waives laws restricting border wall construction in South Texas

AUSTIN — The Trump administration served notice Thursday that it is waiving several laws to allow border wall construction to go forward in several areas along the Rio Grande in South Texas, including sections of federal wildlife refuges.

In a posting in the Federal Register, Acting U.S. Homeland Security Director Kevin McAleenan said the action is needed because "there is presently an acute and immediate need to construct physical barriers and roads" in the areas designated "in order to prevent unlawful entries into the United States."

But the action caused immediate backlash. One environmental organization said wall construction in the areas would strip landowners of their property rights and endanger a range of wildlife. Democratic Congressman Vicente Gonzalez of McAllen said the president is seizing land "like a medieval feudal lord."

"We do need to secure our border and crack down on criminal activities," Gonzalez said in a news release. "But that is done best by engaging with our Mexican and Central American neighbors to address the violence and economic inopportunity in their countries and investing in technology and human capital — not building a frivolous border wall.”

Border Wall Status Paper_ Oct. 18-2019 | Mexico-United States Barrier | United States Border Patrol

The waivers affect properties in Starr, Hidalgo County and Cameron counties, including sections of the Rio Grande Valley National Wildlife Refuge, the Santa Ana National Wildlife Refuge and the Mercedes Settling Basin.

McAleenan, who has announced plans to resign but did not give an exact exit date, said the flow of undocumented immigrants in the areas affected by the waiver and the amount of narcotics coming across the border made his actions necessary. He also said further waivers might be ordered in the future.

A provision in a funding measure enacted by Congress this year prohibits border wall construction in the Santa Ana National Wildlife Refuge, La Lomita Historical Park, Bentsen-Rio Grande Valley State Park, within or east of the Vista del Mar Ranch tract of the Lower Rio Grande Valley National Wildlife Refuge, or the National Butterfly Center.

In New Mexico, the new first-of-its-kind 30-foot steel barrier is going up at a rate of 200 feet a day through one of the most biologically diverse landscapes in North America.

Environmentalists have called the barrier a significant threat to vulnerable Chihuahuan desert species, including bobcats and mountain lions. 

"That is how you cause extinction," said Kevin Bixby, director of the Southwest Environmental Center in Las Cruces, told the El Paso Times in a report published Oct. 11. "You fragment habitat."

Laiken Jordahl, borderlands campaigner with the Center for Biological Diversity, said his organization will seek to stop wall construction in the areas in South Texas affected by the waivers.

“If these walls are built, wildlife will die, families will lose their homes and the public will be walled off forever from their beautiful Rio Grande," Jordahl said. "We won’t let this happen without a fight.”

Here are the areas affected, according to the posting in the Federal Register:

• In Starr County, starting at the Falcon Dam Lake Spillway that is situated south of Falcon Dam and extending south and east to the western boundary of the census designated place of Salineno, Texas.
• In Starr County, starting at the southeast boundary of the census designated place of Salineno, and extending south to the northern boundary of the Las Ruinas Tract of the Lower Rio Grande Valley National Wildlife Refuge.
• In Starr County, starting at the southern boundary of the Las Ruinas Tract of the Lower Rio Grande Valley National Wildlife Refuge and extending south and east to the western boundary of the Arroyo Ramirez Tract of the Lower Rio Grande Valley National Wildlife Refuge.
• In Starr County, starting at the northeast boundary of the Arroyo Ramirez Tract of the Lower Rio Grande Valley National Wildlife Refuge and extending east and south for approximately 1 mile.
• In Starr County, starting at the eastern boundary of the city limits of Escobares, Texas, and moving east and south to the western boundary of the city limits of Rio Grande City.
• In Starr County, starting approximately 1/2  mile southwest of the intersection of Los Velas Road and U.S. Highway 83 and extending east and south for approximately 11 miles.
• In Starr County and Hidalgo County, starting approximately miles northwest of the Starr County and Hidalgo County line and extending east to the eastern boundary of the Penitas West Tract of the Lower Rio Grande Valley National Wildlife Refuge.
• In Hidalgo County, starting at the eastern boundary of the Marinoff Tract of the Lower Rio Grande National Wildlife Refuge and extending west for approximately 1/2 mile.
• In Hidalgo County, starting immediately north of the northeast boundary of the Santa Ana National Wildlife Refuge and extending west for approximately 3/10 of a mile.
• In Hidalgo County and Cameron County, starting at the eastern boundary of the Mercedes Settling Basin and extending north and east in proximity to the International Boundary and Water Commission (IBWC) levee to approximately 2/10 of a mile southeast of the point at which Torres Road intersects with the IBWC levee.
• In Cameron County, starting at the southwest boundary of the Philip Banco Tract of the Lower Rio Grande Valley National Wildlife Refuge and extending south and east approximately 3 miles.
• In Cameron County starting approximately 1/4 mile southwest of the Brownsville and Matamoros International Bridge and extending northeast along the Rio Grande River for approximately 1/2 mile.
• In Cameron County, starting approximately 2/10 of a mile north and west of the point at which International Boulevard crosses the Rio Grande River and extending south and east in proximity to the IBWC levee for approximately 3 miles.

Staff writer Lauren Villagran of the El Paso Times contributed to this report. 

John C. Moritz covers Texas government and politics for the USA Today Network in Austin. Contact him at jmoritz@gannett.com and follow him on Twitter @JohnnieMo.

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