DHS Bypasses Environmental Laws to Speed Border Wall in New Mexico and Arizona

The U.S. Department of Homeland Security is pushing forward with accelerated border wall construction in New Mexico and Arizona, using legal waivers to bypass environmental protections — a move that has alarmed conservation advocates.

Homeland Security Secretary Kristi Noem this week authorized the waiving of several federal environmental laws to allow the government to quickly build new sections of the U.S.-Mexico border wall. On Tuesday, Noem signed a waiver covering roughly 20 miles in southwestern New Mexico. Two additional waivers were signed for construction in Arizona — one also on Tuesday and another on Thursday — bringing the total coverage area to approximately 36 miles of new border barriers and access roads.

The agency confirmed the waivers in a Thursday press release, stating they were essential to “ensuring operational control of the border.”

While the Department has not disclosed the exact laws waived, similar past actions have typically set aside laws such as the National Environmental Policy Act (NEPA), the Endangered Species Act, and the Clean Water Act, all of which require rigorous environmental reviews before construction can proceed on federal lands.

Critics of the decision, particularly environmental and wildlife advocacy groups, are voicing strong opposition. They argue that the move ignores long-term ecological consequences in the name of expedience and politicized border policy.

“This is a wildlife-killing wall,” said Laiken Jordahl, Southwest conservation advocate for the Center for Biological Diversity. “Waiving dozens of environmental and public health laws to rush construction through some of the most biodiverse parts of the Southwest is reckless and destructive.”

The impacted areas include sensitive desert ecosystems, home to species such as the jaguar, ocelot, Sonoran pronghorn, and numerous migratory birds and reptiles that depend on cross-border habitat corridors. Environmentalists fear the new segments of wall could sever these habitats permanently.

In defense of the waivers, DHS cited growing concerns over unauthorized migration, cross-border crime, and the need for secure infrastructure in key sectors. However, the agency did not provide a detailed construction timeline or name the contractors responsible for the projects.

The move comes as border security continues to dominate political debate in the run-up to the 2026 midterm elections. Former President Donald Trump heavily promoted border wall construction during his administration, invoking dozens of similar waivers, and it appears the current administration is continuing the tactic in targeted areas.

These waivers represent an ongoing trend of using executive authority under the 2005 REAL ID Act, which allows the Homeland Security Secretary to bypass legal requirements to advance border security projects. In total, over 30 such waivers have been issued since 2005.

Despite legal challenges from environmental groups, courts have generally upheld the federal government’s authority to bypass these laws in the interest of national security.

Construction in New Mexico will focus on the Hidalgo County region near the bootheel, an area known for rugged terrain and low population density but significant migratory wildlife pathways. In Arizona, construction is expected to occur in remote desert zones where prior wall segments already exist, but gaps have remained.

Jordahl and others say the continued use of waivers sets a troubling precedent. “This kind of unchecked power is dangerous,” he said. “We need to protect our borderlands, not destroy them.”

As the new construction prepares to ramp up, conservationists are renewing calls for Congress to revisit the REAL ID Act and reimpose oversight for major federal infrastructure projects — even those tied to national security.

Originally reported by Red Lake Nation news.