[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Notices]
[Page 42381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13924]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY


Rescission of Determination Pursuant to Section 102 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as 
Amended

AGENCY: Office of the Secretary, (DHS).

ACTION: Notice of rescission of determination.

-----------------------------------------------------------------------

SUMMARY: On May 15, 2020, the Acting Secretary of Homeland Security 
published a Notice of Determination Pursuant to Section 102 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as 
Amended, to waive legal requirements related to the construction of 
barriers and roads. (May 2020 Notice of Determination). The Secretary 
of Homeland Security through this notice rescinds the May 2020 Notice 
of Determination.

DATES: This Notice takes effect on June 30, 2023.

SUPPLEMENTARY INFORMATION: Section 102(c) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996, as Amended, provides 
the Secretary of Homeland Security with the sole discretion to waive 
all legal requirements related to the construction of barriers and 
roads. Public Law 104-208, Div. C, 110 Stat. 3009-546, 3009-554 (Sept. 
30, 1996) (8 U.S.C 1103 note), as amended by the REAL ID Act of 2005, 
Public Law 109-13, Div. B, 119 Stat. 231, 302, 306 (May 11, 2005) (8 
U.S.C. 1103 note), as amended by the Secure Fence Act of 2006, Public 
Law 109-367, section 3, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1103 
note), as amended by the Department of Homeland Security Appropriations 
Act, 2008, Public Law 110-161, Div. E, Title V, section 564, 121 Stat. 
2090 (Dec. 26, 2007). Any such waivers shall be effective upon being 
published in the Federal Register. On May 15, 2020, the Acting 
Secretary of Homeland Security issued a Federal Register notice 
determining that it was ``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 Webb County, Texas, and Zapata County, Texas.'' See 85 
FR 29472. Through this Notice, the Secretary of Homeland Security 
hereby rescinds the May 15, 2020 Notice of Determination.
    This rescission of the May 15, 2020 Notice of Determination does 
not rescind or supersede any other waiver determination made pursuant 
to section 102(c) of IIRIRA. Such waivers shall remain in full force 
and effect in accordance with their terms.

Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2023-13924 Filed 6-29-23; 8:45 am]
BILLING CODE 9111-14-P