OBP004897

DEPARTMENT OF HOMELAND SECURITY:

STATEMENT REGARDING EXERCISE OF WAIVER AUTHORITY

For at least the past decade, illegal entry into the United States along our southwestern Deleted: the United States – Mexico
border has been a severe problem. The flow of illegal traffic through this region has not
only jeopardized our ability to deter and prevent terrorism and terrorist entry into the
United States and exposed not only border communities but the rest of the United States
to the effects of drug smuggling, human smuggling, and gang activity, but it has also
caused severe and profound impacts to the environment. In recent years, through the
deployment of additional personnel, tactical infrastructure, and technology, the
Department of Homeland Security (DHS) and its component agencies have made great
strides in effectively securing the border and reducing the number of people that illegally Deleted: illegal entrants
enter the United States through this region. Despite its recent successes, DHS must
continue to look for better, more effective, and more innovative ways to prevent illegal
entry and achieve its goal of total operational control of the United States border.

Securing America’s borders is not just a priority for DHS, it is a priority for Congress and Deleted: both
the American public. In fact, Congress mandated that DHS achieve and maintain Deleted: has given
operational control of the entire international border, with specific focus on illegal entry Deleted: a legislative mandate to
on the southwest border. In Section 102(b) of the Illegal Immigration Reform and Deleted: . In carrying out this mandate,
Immigrant Responsibility Act (IIRIRA), Congress called upon DHS to install fencing, Deleted: Congress has also given DHS
barriers, roads, lighting, cameras, and sensors on not less than 700 miles of the southwest a very specific direction to control
border, including priority miles of fencing that must be completed by December 2008. Deleted: has called on
Both Congress and DHS recognize that this additional border infrastructure provides Deleted: of
Border Patrol agents with the tools they need to do their job even more effectively. Deleted: Put simply, b
Deleted: , and nowhere is this more
The Border Patrol’s End of Year Report shows that in Fiscal Year 2006 there were necessary than the southwest border
1,089,092 apprehensions of illegal entrants nationwide. Of those 1,089,092
apprehensions, 1,071,972 were on the southwest border. The Border Patrol’s End of
Year Report for Fiscal Year 2005 shows a similar trend: In Fiscal Year 2005, there were Deleted: .
1,778,977 apprehensions nationwide. Of those 1,778,977 apprehensions, 1,771,305 were
on the southwest border.
Deleted: As a part of
The Secure Border Initiative (SBI) is part of DHS’s effort to meet the objective of
Deleted: ,
achieving and maintaining operational control of America’s borders. SBI spearheads
DHS’s strategy to control the borders of the United States by transforming and improving Deleted: is developing a

technology, infrastructure, staffing, and response programs, and—consistent with Deleted: and
congressional direction—much of SBI’s focus is on the southwestern border. Through Deleted: the
the SBI program, DHS is planning to install additional border infrastructure, including Deleted: from Congress,
pedestrian and vehicle fencing, roads, and virtual detection technology. Deleted: many of
Deleted: recent efforts have been
In addition to its mandate for additional roads and barriers, Section 102(c) of IIRIRA Deleted: ed
grants to me the authority to waive all legal requirements that I, in my sole discretion,
Deleted: on approximately 700 miles
determine necessary to ensure expeditious construction of this much-needed border of the southwest border
infrastructure. I have exercised this authority to ensure the expeditious completion of the Deleted: Consistent with this
various border infrastructure projects that are being carried out as a part of SBI. As Congressional authorization,
Deleted: now
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envisioned by Congress, and in order to meet DHS’s congressionally-mandated timeline Deleted: Congressionally
for completion, I have used this authority to ensure that these projects will proceed Deleted: am
without unnecessary delays caused by the administrative process or potential litigation. Deleted: utilizing my waiver

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 listen and respond to the needs of
border communities.

As an initial matter, DHS has proven that the use of my statutory waiver authority does
not mean that DHS will be turning its back on its commitment to the environment. For
instance, DHS is currently negotiating an agreement with USFWS to transfer upwards of
$800,000 to help with mitigation and recovery efforts for the endangered Sonoran
Pronghorn and lesser long-nosed bat on the Cabeza Prieta National Wildlife Refuge and
Barry M. Goldwater Range (BMGR). DHS is moving forward with this effort even
though the Endangered Species Act was a part of the BMGR waiver that allowed DHS to
expeditiously construct much-needed pedestrian fencing and other infrastructure on the
BMGR. Similarly, in November 2007, I issued a waiver that allowed DHS to Deleted: of
immediately move forward with an effort to secure the border in and around the San
Pedro National Riparian Conservation Area (SPRNCA) in southern Arizona. Here again,
DHS did not turn its back on its commitment to the environment. Since the issuance of
the waiver, DHS has agreed to several measures, in cooperation with U.S. Fish and
Wildlife Service (USFWS), to reduce the impact of the fencing in the SPRNCA.
Specifically, DHS agreed to exclude, on a trial basis, the installation of fence within the Deleted: exclude
San Pedro River basin. If the lack of fencing within the river basin affects our ability to Deleted: “
deter illegal entry and its resulting environmental damage, DHS will install a removable Deleted: -
bollard-style fence in the corridor that will allow existing migration routes of large Deleted: ”
mammal species to remain intact. In addition, DHS agreed to implement a number of Deleted: proves to be problematic
measures designed to reduce and monitor invasive plant species, erosion, and sediment relative to
problems. Deleted: “
Deleted: ”
DHS will continue to take a similar approach here. In planning for construction of the Deleted:
additional border infrastructure, DHS has prepared numerous environmental analyses as a
part of National Environmental Policy Act (NEPA) process. In addition, DHS has
worked closely with federal and state resource and land management agencies such as the
Department of Interior (DOI) and the USFWS. As a result of these efforts, DHS has a
good understanding of the potential environmental impacts and how to mitigate for them.
For example, through its consultation with USFWS, USFWS has advised DHS as to how
to modify certain projects to avoid or reduce potential impacts to threatened and
endangered species. In some cases, DHS was able to adjust actual fence locations or
location of access roads and staging areas to reduce potential impacts. DHS and USFWS
have also worked together to develop a set of standard best management practices that
DHS will utilize in order to reduce impacts to threatened and endangered species.
Deleted: ¶
As noted above, DHS will also continue to listen and respond to the issues and needs of
local border communities. As it has planned for the construction of additional border
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infrastructure, DHS has regularly consulted with state and local governments, federal
land management and resources agencies such as DOI and USFWS as well as the local
residents themselves. As a part of the NEPA process, DHS actively reached out to the
public and stakeholders. DHS has distributed a number of draft NEPA documents for
public comment and review, held numerous public meetings, and cooperated with various
resource agencies. The environmental review process, however, is not the only means by
which DHS has reached out to state and local stakeholders. As part of its outreach
efforts, DHS contacted almost 600 different landowners and held meetings with state and
local government officials, local law enforcement, Native American tribes, and
concerned citizens and citizen groups. All of these efforts were focused on providing all
interested stakeholders the opportunity to provide input and comments regarding
proposed projects in their areas. DHS will continue to engage stakeholders and border
communities to address the needs of the local community.

In summary, by utilizing my statutory waiver authority I have tried to ensure that DHS
meets its mandate of securing and maintaining operational control of the border in the
most expeditious manner possible. Nevertheless, DHS will continue to take seriously its
role as a responsible environmental steward and its commitment to work closely with
state and local stakeholders to understand and respond to the needs of border
communities.