Nogales Border Wall | Wikimedia Commons
Nogales Border Wall | Wikimedia Commons
The Trump administration has waived several federal laws to get the border wall built in Arizona, in what some say is the first use of a 2005 law to suspend procurement rules for border wall construction.
A 2005 law gave the Homeland Security Secretary sweeping authority to waive any and all laws for border wall construction, Associated Press reporter Elliot Spagat told KJZZ. In the past, this law has been used more than 20 times by Presidents George W. Bush and Donald Trump to waive environmental reviews, but Spagat said this is the first time the law has been used to waive the laws regarding procurement.
"It looks like this was an attempt to stop all opposition to the border wall,” Spagat told KJZZ.
He said, on the face, this looks like less transparency in awarding contracts.
The rationale behind this use of the law, expressed in other instances, is that waiving federal laws can cut the red tape and get projects moving, Spagat said.
“These projects can get mired down, held up in court where they can be severely modified, or even stopped," he said.
Lawsuits targeting this particular law have typically failed, including a case in 2018 when environmentalists and the State of California sued. A federal judge in San Diego sided with the Trump administration, rejecting the argument that the sweeping powers of the 2005 law had expired.
Spagat said that he doesn’t see anything obvious that will stop border wall construction, with 177 miles total to be built and 94 miles to build this year.
“There are still lawsuits pending on the use of Pentagon funds for border wall construction and abuse of authority,” Spagat said. "This move is sure to bring criticism."
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