Environmental Laws Bypassed Again for Border Wall Expansion

Environmentalists are raising alarms over the future of Southern California ecosystems after the Department of Homeland Security (DHS) issued another waiver to expedite border wall construction–this time bypassing nearly 30 federal environmental laws.

On Tuesday, April 8, DHS Secretary Kristi Noem issued the waiver, allowing immediate construction of approximately 2.5 miles of new barrier in California. The decision aligns with directives from the new Trump administration and a series of executive orders emphasizing physical border infrastructure.

To justify the move, DHS claimed the waiver is necessary to bypass bureaucratic delays that “can stall vital projects for months or even years.” According to the department, “this waiver clears the path for the rapid deployment of physical barriers where they are needed most, reinforcing our commitment to national security and the rule of law.”

The waiver, published in the Federal Register, covers projects funded through U.S. Customs and Border Protection’s (CBP) 2020 and 2021 appropriations. These include the San Diego (SDC) Jacumba Gap Wall Project, the SDC Smuggler’s Gulch Wall Project, and the SDC Four Wall Project–together adding about 2.5 miles of new border wall construction with the goal of closing gaps and enhancing operations in the SDC Sector.

The Trump administration has made securing the southern border its top priority. U.S. Border Patrol Deputy Chief David BeMilller stated, “more than 50 miles of permanent and temporary sections of the wall have been constructed since Trump was inaugurated Jan. 20. The goal is to complete about 1,400 miles of uninterrupted border barrier.”

While the administration presses forward, environmental protections are being left behind. This latest waiver disregards 29 laws, including the National Environmental Policy Act (NEPA), the Endangered Species Act, and the Clean Water Act.

This isn’t just procedural, it’s dangerous. NEPA, for example, requires federal agencies to assess the environmental impact of proposed projects before breaking ground. These assessments aren’t just red tape; they’re essential for preventing irreversible harm. They serve as safeguards against reckless development and ensure accountability in government-led projects.

Cameron Walkup, Associate Legislative Representative at Earthjustice, emphasized the stakes: “Waiving environmental, cultural preservation, and good governance laws that protect clean air and clean water, safeguard precious cultural resources, and preserve vibrant ecosystems and biodiversity will only cause further harm to border communities and ecosystems.”

And this waiver didn’t appear in isolation. It was announced just after the Senate passed a budget resolution that would allow Congress to funnel billions more into future wall construction. Again, Walkup responded: “Rather than rushing to spend tens of billions of dollars to help President Trump build even more wasteful border wall through a budget reconciliation package, Congress should focus on rescinding these waivers and remediating the significant damage that has already been caused by the wall.”

If this feels like déjà vu, that’s because it is. Environmentalists are all too familiar with this. During Trump’s first term, DHS used similar waivers to fast-track border wall projects while ignoring federal protections. Despite pushback from tribal communities, local residents, and environmental advocates, several federal agencies–the Department of Defense (DOD), CBP, and DHS–pushed ahead. Between 2017 and 2021, miles of border wall was constructed at the expense of deeply sensitive ecosystems.

Eventually, the concerns of these local communities were validated. In 2022, the U.S. Government Accountability Office (GAO) released the first independent assessment of border wall impacts while environmental reviews were waived. The findings were damning: the endangered ocelot’s habitat was further fragmented, lighting along the border interfered with bird migration, big cats lost critical range, and saguaro cacti were bulldozed in Arizona.

In response, the GAO issued three recommendations, including that CBP and the Department of the Interior develop a joint strategy to mitigate environmental damage and that CBP evaluate lessons learned from the construction. But how these recommendations will be enforced remains uncertain.

That uncertainty is growing. Recent federal workforce cuts have eliminated many Inspector Generals–the watchdogs who carry out investigations like the GAO report. Without them, agencies may continue destructive policies unchecked. The people responsible for keeping the government accountable might no longer be around to do so.

Still, in the face of government overreach, communities are stepping up.

In May 2024, citizen scientists and botanists joined forces in the “Border BioBlitz” near the town of Jacume, Mexico, about 60 miles east of Tijuana. The BioBlitz is a binational community science effort to document as many species as possible along the U.S.-Mexico border. Armed with smartphones and the iNaturalist app, nearly 1,000 volunteers photographed plants and animals, logging their locations in an open database.

This wasn’t just data collection, it was resistance. The initiative grew out of concern over Trump-era construction that cut through Baja California, a global biodiversity hotspot. Baja is home to over 4,000 plant species, a quarter of which are endemic. Yet political instability, crime, and restrictions on research permits in Mexico have made it difficult for U.S. botanists to study the region–let alone protect it. The BioBlitz aimed to fill those gaps, with U.S. and Mexican scientists working together and engaging local communities.

The data collected over the course of May 2024 provides a detailed snapshot of the region’s biodiversity, crucial information that can inform conservation strategies and challenge further development.

Environmentalists’ concerns over the DHS waiver are not alarmist, they are deeply grounded in precedent and science. The waiver is more than just a bureaucratic shortcut, it’s a warning sign: a warning that the federal government is once again prepared to override environmental laws, silence public input, and bulldoze fragile ecosystems in the name of “national security.”

The damage done from 2017 to 2021 already taught us what happens when ecological considerations are cast aside. But now, with watchdogs losing power and Congress poised to spend billions more on border wall expansion, we’re at risk of repeating history–only worse.

Still, there is hope. Community scientists, environmental advocates, and everyday citizens are working tirelessly to hold the government accountable and to protect what remains. The fight for the borderlands isn’t just about politics–it’s about biodiversity, clean water, cultural heritage, and public trust. When our institutions fail to safeguard the land, it’s up to the people to resist and reclaim the future of our borderlands.