In September 2023, U.S. immigration agents dealt with over 200,000 individuals who crossed the southern border illegally, marking the highest level recorded for the year. This surge in migration poses a significant challenge for the Biden administration in its efforts to manage the situation in the region. This information is based on preliminary government data obtained by CBS News.

Border Patrol agents reported around 210,000 apprehensions of unauthorized migrants who entered the U.S. between official ports of entry along the Mexican border last month. This represents an increase from the 181,000 recorded in August, as indicated by internal Department of Homeland Security statistics.

The number of apprehensions in September is the highest since December 2022, when Border Patrol detained 222,000 migrants, which stands as the second-highest monthly figure on record. The previous all-time high was in May 2022, when Border Patrol reported 224,000 migrant apprehensions.

Biden’s announcement

The Biden administration, on Wednesday, announced the suspension of 26 federal laws in South Texas to permit the construction of a border wall. This move marks the administration’s initial application of a broad executive authority that was frequently used during the Trump presidency. 

The Department of Homeland Security released the announcement in the US Federal Registry, offering limited details about the construction in Starr County, Texas. This area is within a heavily trafficked Border Patrol sector experiencing a high level of illegal entry. According to government data, approximately 245,000 illegal entries have been documented in this region in the current fiscal year.

Alejandro Mayorkas, the Secretary of the Department of Homeland Security, stated in the notice that there is an urgent and immediate need to build physical barriers and roads near the US border in order to prevent unlawful entries in the designated project areas.

To facilitate the construction, the Department of Homeland Security waived several federal laws including the Clean Air Act, Safe Drinking Water Act, and Endangered Species Act. These waivers are designed to bypass time-consuming reviews and potential legal challenges related to violations of environmental regulations. The funds for this border wall construction come from a congressional appropriation in 2019.

Debates After Announcement

Starr County, located between Zapata and McAllen, Texas, encompasses approximately 1,200 square miles (3,108 square kilometers) of hilly ranchlands and is home to around 65,000 residents. These lands are part of the Lower Rio Grande Valley National Wildlife Refuge.

Although the announcement did not include any maps, a previous one shared during the public comments gathering revealed that the incremental construction will extend the existing border barrier system by an additional 20 miles in the area. According to Starr County Judge Eloy Vera, the construction will commence south of the Falcon Dam and continue beyond Salineño, Texas.

Eloy Vera, the county judge, expressed concerns about the region being highly erosive, with numerous creeks cutting through the ranchland and leading into the river.

These concerns are echoed by environmental advocates who argue that the structures will pass through public lands, disrupting the habitats of endangered plants and species such as the Ocelot, a spotted wild cat.

On Wednesday afternoon, Laiken Jordahl, a southwest conservation advocate for the Center for Biological Diversity, expressed concerns. He stated that a plan to construct a wall would create an impermeable barrier through the habitat, disrupting wildlife migrations and causing significant damage to the refuge land. He characterized it as a detrimental move for the borderlands.

During the Trump administration, approximately 450 miles of barriers were erected along the southwest border from 2017 to January 2021. Texas Governor Greg Abbott restarted these efforts after the Biden administration halted them at the beginning of his presidency.

The Department of Homeland Security’s decision on Wednesday contradicts the Biden administration’s previous proclamation on January 20, 2021, which asserted that constructing a large wall along the entire southern border was not a viable policy solution. U.S. Customs and Border Protection refrained from offering an immediate response.

This announcement has ignited a political discourse within the Democratic administration. They are grappling with an influx of migrants entering through the southern border in recent months, including a substantial number who arrived in the U.S. through Eagle Pass in late September.

His opposition to the border wall was expressed by U.S. Representative Henry Cuellar, who asserted that it was a 14th-century solution to a 21st-century problem. Cuellar maintained his stance against the allocation of taxpayer dollars towards an ineffective border wall in Starr County.

Supporters of the border wall in the political arena suggested that these waivers should serve as a starting point for a policy shift.

Dan Stein, president of the Federation for American Immigration Reform, stated in a press release that the DHS announcement marks a significant shift in the administration’s stance on the effectiveness of a border wall and physical barriers. He emphasized that a secure wall is now seen as a valuable tool for border control. Stein further urged the administration to promptly initiate the construction of a border wall across the entirety of the border to prevent illegal traffic from easily shifting to other areas.

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