Homeland Security Department
Doc #2026-09752
Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended
Published
May 15, 2026
Summary
The Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations, and other legal requirements in order to ensure the expeditious construction of barriers and roads in the vicinity of the international land border in the state of Texas.
Constitutional Analysis
Fifth Amendment – Due Process
restricts
80% confidence
The waiver of certain laws and regulations may limit due process protections for individuals affected by the construction.
Case Law:
Mathews v. Eldridge (1976)
Eighth Amendment – Cruel and Unusual Punishment
restricts
80% confidence
The expedited construction may lead to conditions that could be deemed cruel or unusual for individuals in detention or affected areas.
Case Law:
Estelle v. Gamble (1976)