BORDER WALL: BROADEST WAIVER OF LAW IN AMERICAN HISTORY

The report examines the history and legal mechanisms used to construct barriers along the U.S.-Mexico border, specifically focusing on the 'Real ID Act' and 'Secure Fence Act'. It details how these laws allowed the Secretary of Homeland Security to waive nearly all federal and state laws, including environmental and historic preservation statutes, to expedite construction. The author highlights the resulting environmental damage in areas like the San Pedro Riparian National Conservation Area and Organ Pipe Cactus National Monument, the disruption of Native American sacred sites, and the high financial costs of the project. It concludes by calling for a suspension of construction and a legislative review of the wall's effectiveness and constitutionality.

• The Real ID Act provided the Secretary of Homeland Security with 'unprecedented authority to waive all laws', not just environmental ones, to ensure the 'expeditious construction of the barriers and roads'.
• The scope of the waivers expanded significantly over time; by April 1, 2008, a single waiver covered approximately 470 miles across California, Arizona, New Mexico, and Texas, exempting the government from dozens of laws including the National Environmental Policy Act, the Endangered Species Act, and the Clean Water Act.
• Construction of the border wall has led to significant environmental and infrastructure damage, including a July 2008 flood in Nogales, Mexico, which was 'significantly exacerbated' by a U.S.-placed barrier and caused two deaths and $8 million in damages.
• The cost of the pedestrian wall has increased from an initial estimate of $3.3 million per mile to an average between $3.9 and $7.5 million per mile, with some specific areas in southern California costing over $16 million per mile.
• The construction process has negatively impacted protected lands and indigenous territories, including the destruction of archaeological sites and the presence of 'bone fragments of tribal members’ ancestors' in the tire tracks of construction equipment on the Tohono O’Odham nation reservation.

APA

Bear, D. (2009). BORDER WALL: BROADEST WAIVER OF LAW IN AMERICAN HISTORY. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2015/06/BorderWall_8Feb09.pdf

Chicago

Bear, Dinah. BORDER WALL: BROADEST WAIVER OF LAW IN AMERICAN HISTORY. Center for International Environmental Law, 2009. https://www.ciel.org/wp-content/uploads/2015/06/BorderWall_8Feb09.pdf.

Wikipedia

{{cite report |last1=Bear |first1=Dinah |title=BORDER WALL: BROADEST WAIVER OF LAW IN AMERICAN HISTORY |publisher=Center for International Environmental Law |date=February 2009 |url=https://www.ciel.org/wp-content/uploads/2015/06/BorderWall_8Feb09.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{bear2009border, author = {Bear, Dinah}, title = {{BORDER WALL: BROADEST WAIVER OF LAW IN AMERICAN HISTORY}}, institution = {Center for International Environmental Law}, year = {2009}, month = feb, url = {https://www.ciel.org/wp-content/uploads/2015/06/BorderWall_8Feb09.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }