DHS Sec. 102(c) Border Barrier Waivers

See also Maps & Waivers link at left and the handout link therein which compares specific laws waived by each determination.

Date is of publication in the Federal Register, date of authorization is generally several days earlier and can be found in the published determinations themselves.  Letters reflect page order as published if there were multiple waiver determinations on the same day.

*S = superseded determination due to an inadvertent omissions in initial publication in the Federal Register
*R = republished version of a superseded waiver determination (number in parenthesis reflects original order)
*rescinded = this determination was rescinded on 6/30/23 to pre-empt a lawsuit on its validity
*roads only = this determination covers roads only, not the construction of physical barriers

Duke, McAleelan, and Wolf were all acting DHS Secretaries.

The appointment of Acting DHS Secretaries McAleenan and Wolf was subsequently deemed illegal under the Federal Vacancies Reform Act of 1998 and therefore policies implemented by these two individuals are invalid. While actions under Section 102(c) have not been specifically nullified as of October 2023, other policies have been. See Frazelle (2021) and Aquino (2022).

Starting with the 4/15/20 waiver through 7/17/20, the proclamations were delegated for electronic signing to Chad Mizelle for purposes of publication in the Federal Register.  Mizelle was initially identified as “Acting General Counsel” but in subsequent instances as the “Senior Official Performing the Duties of the General Counsel.” Chad F. Wolf is still identified as having reviewed and approved the documents.  The 1/5/21 waiver was delegated to for electronic signing to Ian J. Brekke, Deputy General Counsel for DHS.

TOTAL DISTANCE covered by waivers
—- (including duplication between determinations): 1,675.9 mi or 2,697.2 km
TOTAL DISTANCE covered by at least one waiver
—- (not including duplication between determinations): 932.9 mi or 1,501.4 km

updated: 10/5/23