Noem Waives Environmental Restrictions to Fast-Track Water Barriers in Rio Grande

The move allows DHS to bypass environmental laws and swiftly build 17 miles of waterborne barriers in South Texas to deter smuggling and illegal crossings.

People walk between razor wire and a string of buoys placed on the water along the Rio Grande border with Mexico in Eagle Pass, Texas, on July 16, 2023. Suzanne Cordeiro/AFP/Getty Images

Homeland Security Secretary Kristi Noem has waived federal environmental laws to fast-track construction of 17 miles of waterborne barriers in the Rio Grande in South Texas, citing the need to address security gaps that have enabled various types of illegal activity.

The Department of Homeland Security (DHS) said in a July 3 press release that waterways along the Southwest border have been identified as a significant “capability gap” in border enforcement efforts—a key Trump administration priority.

“In a continuing effort to gain and maintain operational control of the Southern border, and in support of the President’s Executive Orders, CBP [U.S. Customs and Border Protection] continues to look for innovative ways to achieve this mission,” DHS said. “A capability gap has been identified in waterways along the Southwest border where drug smuggling, human trafficking and other dangerous and illegal activity occurs.”

The new waterborne barriers are intended not only to strengthen border security but also to create safer conditions for Border Patrol agents and deter illegal immigrants from attempting dangerous river crossings, DHS added.

The waiver signed by Noem allows the agency to sidestep laws such as the National Environmental Policy Act, which mandates thorough environmental studies before construction. The waiver authority comes from Section 102 of the Real ID Act, which lets DHS fast-track projects related to national security.

This is the sixth waiver Noem has signed for border barrier construction since President Donald Trump returned to office in January.

In April, she issued a similar waiver allowing the immediate construction of about 2.5 miles of new border barriers in Southern California, citing the need to cut through bureaucratic delays that she said hampered the administration’s border security efforts. That decision was met with criticism from environmental advocates, who said that fast-tracking such projects sidesteps crucial environmental and cultural protections.

“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,” Cameron Walkup, a legislative representative at Earthjustice, in said in a statement in response to the California waiver.

Earthjustice did not immediately respond to a request for comment on the latest waiver fast-tracking the waterborne barriers in the Rio Grande.

The planned barriers resemble floating buoys deployed by Texas authorities during the Biden administration as part of efforts to deter illegal crossings. Those buoys became the subject of a federal lawsuit, with the Biden administration arguing they interfered with federal enforcement responsibilities and posed serious drowning risks to illegal immigrants.

Border security has been a key pillar of Trump’s second-term agenda. As of May, his administration has constructed nearly 78 miles of new border barriers, including steel fencing, temporary barriers, and water-based obstacles like buoys, with contracts awarded for an additional 40 miles of barriers.

In testimony before Congress in May, Noem explained that different regions of the border require different types of infrastructure, with steel barriers suitable in some areas and floating barriers like buoys necessary in waterways such as the Rio Grande.

“We’re going to continue to move forward with putting up that infrastructure because it does slow down traffic, it sends a message, and it gives our officers more opportunities to truly address the security concerns that we’ve had in the past,” Noem told lawmakers.

More recently, Noem pointed to declining border apprehension numbers as evidence of the effectiveness of the administration’s efforts. She said that in June, CBP recorded the lowest number of nationwide encounters in American history—25,243—which is 12 percent lower than the previous record set in February.

“The numbers don’t lie—under President Trump’s leadership, @DHSgov and @CBP have shattered records and delivered the most secure border in American history,” Noem posted on social media.