Dems, environmental groups fume over Biden border wall move as administration blames Congress

Democrats in Congress and environmental groups are furious at the Biden administration over its move to waive dozens of federal laws to build miles of border wall in South Texas — just as the administration is claiming its hands are tied on the matter.

The agency posted an announcement this week on the U.S. Federal Register that outlines construction in Starr County in the Rio Grande Valley Sector, where the administration says there is "high illegal entry." 

The agency said there have been over 245,000 migrant encounters in the sector this fiscal year.

Homeland Security Secretary Alejandro Mayorkas says he is using his authority provided by Congress to waive 26 federal laws, including the Clean Air Act, Safe Drinking Water Act and Endangered Species Act.

MAYORKAS CITES ‘IMMEDIATE NEED' TO WAIVE REGULATIONS, BUILD BORDER WALL IN TEXAS AS IMMIGRATION SURGES

U.S. Homeland Security Secretary Alejandro Mayorkas made the announcement this week. (Kevin Dietsch/Getty Images)

"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 [the Illegal Immigration Reform and Immigrant Responsibility Act of 1996]," Mayorkas said.

The move sparked accusations that the administration was backing off its anti-wall stance. The administration had shut off most border wall construction at the beginning of 2021.

The administration quickly pointed out that the wall was itself funded by a Trump-era fiscal 2019 congressional appropriation and was announced in June. Mayorkas said in a statement Thursday "we have repeatedly asked Congress to rescind this money, but it has not done so, and we are compelled to follow the law."

A DHS spokesperson noted that the construction includes detection technology, lighting and access roads, and that it has worked throughout the summer with stakeholders and federal agencies.

"This is not a policy decision. The construction project you’re reading about today was appropriated during the prior administration, in 2019, and the government is legally required to utilize these funds for their appropriated purpose," the spokesperson said. 

President Biden and Rep. Alexandria Ocasio-Cortez (Getty Images)

"The administration repeatedly called on Congress to cancel or reappropriate remaining border barrier funding and instead fund smarter border security measures, like border technology and modernization of land ports of entry that are proven to be more effective at improving safety and security at the border." 

But that did not satisfy some left-wing Democrats. Rep. Alexandria Ocasio-Cortez, D-N.Y., rejected the explanation.

"The Biden administration was not required to expand construction of the border wall — and they certainly were not required to waive several environmental laws to expedite the building," Ocasio-Cortez said. "The president needs to take responsibility for this decision and reverse course."

BIDEN SAYS ‘NO,’ BORDER WALL DOESN'T WORK AFTER MAYORKAS CITED ‘IMMEDIATE’ NEED

She went on to say that walls "only serve to push migrants into more remote areas, increasing their chances of death. It is a cruel policy."

"A border wall is a 14th century solution to a 21st century problem. It will not bolster border security in Starr County," Rep. Henry Cuellar, D-Texas, told the Associated Press. "I continue to stand against the wasteful spending of taxpayer dollars on an ineffective border wall."

In the Senate, Sen. Bob Menendez, D-N.J., said he thought that the U.S. would "stop resorting to Draconian and inhumane policies to address our challenges at the border" after the Trump administration.

"Instead, the Biden administration continues to take pages from Trump’s anti-immigrant playbook," he said. "We should not repeat the mistakes of the past and provide any credibility to a boondoggle like a wall on our southern border. Walls don’t secure our borders, and walls don’t reflect our values as a nation."

Menendez also took aim at an announcement form Thursday by the administration that the U.S. would start returning illegal immigrants directly to Venezuela.

"That is simply unacceptable. I will not remain silent as Venezuelan nationals who deserve our humanitarian protection remain in limbo while we wring our hands over semantics," he said.

Environmental groups also criticized the waiving of federal laws for the project.

Sen. Bob Menendez, D-N.J., in the U.S. Capitol Sept. 12, 2023. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

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"It’s disheartening to see President Biden stoop to this level, casting aside our nation’s bedrock environmental laws to build ineffective wildlife-killing border walls," Laiken Jordahl, Southwest conservation advocate at the Center for Biological Diversity, said in a statement. 

"Starr County is home to some of the most spectacular and biologically important habitat left in Texas, and now bulldozers are preparing to rip right through it. This is a horrific step backwards for the borderlands."

DHS officials have said they will continue to take steps to protect cultural and natural resources and will use "sound environmental practices." Officials have also highlighted that the barrier will be movable to mitigate environmental impacts and maximize flexibility.

The Associated Press contributed to this report.

Adam Shaw is a politics reporter for Fox News Digital, primarily covering immigration and border security.

He can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it. or on Twitter.