Construction of Border Wall Exempted from Environmental Regulations in Texas Wildlife Reserve
The Department of Homeland Security (DHS) has waived protections of several federal statutes, including the Endangered Species Act, to construct the border wall in the Lower Rio Grande Valley National Wildlife Refuge in Texas. This decision has sparked opposition from environmental and conservation organisations such as the Sierra Club and the National Wildlife Federation.
Under the Secure Fence Act of 2006, the DHS has the authority to waive federal laws to expedite border wall construction. The area targeted for construction falls within the Rio Grande floodplain, raising concerns about flood risks, particularly from Scott Nicol, an artist and activist in the Rio Grande Valley.
Nicol believes that federal agencies will not worry about flood risks until a significant flood occurs. He also suggests that the Trump administration is targeting federal lands for border wall construction because it's "easier" than seizing private property.
The International Boundary and Water Commission (IBWC), which reviews construction along the border, including flood risk, supports President Trump's and DHS actions to secure the border. Frank Fisher, spokesperson for the IBWC, has expressed his support for these actions.
In a statement, DHS under President Joe Biden invoked waivers to continue construction in Starr County in 2023. The federal government will no longer have to follow the National Environmental Policy Act, the Clean Water Act, the Migratory Bird Conservation Act, the Archaeological and Historic Preservation Act, the National Trails System Act, and the Native American Graves Protection and Repatriation Act to construct the border wall on 13 tracts in the national wildlife refuge.
The Rio Grande Valley sector, overseen by Custom and Border Protection (CBP), has seen a significant decrease in migrant encounters. CBP reported fewer than 1,000 monthly migrant encounters in the Rio Grande Valley sector in June and July this year. However, between fiscal years 2021 and 2025, over 1.5 million undocumented immigrants were apprehended in this sector.
Mexican agencies have previously objected to border wall plans under the treaty terms regarding the Rio Grande. A 1970 treaty between the U.S. and Mexico commits both countries to ensuring that construction along the Rio Grande does not obstruct the river or the flow of flood waters.
The Lower Rio Grande Valley National Wildlife Refuge was already largely deforested by the time it was established in 1979. Despite this, the refuge is home to several species, including endangered ocelots, green jays, and the chachalaca, a tropical bird.
Martha Pskowski, a reporter covering climate change and the environment in Texas for InsideClimate News, has been closely following this issue. She previously worked as an environmental reporter at the El Paso Times. The construction of the border wall in the Lower Rio Grande Valley National Wildlife Refuge continues to be a contentious issue, with concerns about environmental impact, flood risks, and international relations still at the forefront.
